546 F. App'x 137
4th Cir.2013Background
- Guitón applied for disability in 2000 due to malignant brain tumor; benefits awarded, then terminated in 2003 after a continuing disability review.
- After successive levels of review, the district court reversed the termination and remanded, leading to a second ALJ hearing.
- The ALJ again found Guitón not disabled and proceeded through the eight-step reevaluation framework under 20 C.F.R. § 404.1594(f).
- The ALJ held medical improvement related to work had occurred, found impairments not disabling, and assessed RFC to perform light work.
- The ALJ credited a VE’s testimony identifying three occupations and OEQ-based job numbers to conclude there are jobs in the economy Guitón can perform.
- Guitón challenged: (i) Listing 12.05C criteria; (ii) RFC based on treating vs non-treating opinions; (iii) VE reliance on OEQ-derived job numbers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Guitón meets Listing 12.05C. | Guitón argues onset before 22 and deficits in adaptive functioning. | Guitón failed to show onset before 22 or adaptive deficits. | Listing 12.05C not met; ALJ’s finding affirmed. |
| Whether the RFC for light work is supported by substantial evidence. | Guitón’s treating physicians’ opinions should cap his functioning. | Nonexamining consultants’ opinions compatible with record; credibility to ALJ. | RFC to perform light work affirmed; reliance on nonexamining opinions upheld. |
| Whether the VE's OEQ-based job numbers are reliable to meet the Commissioner’s burden. | OEQ numbers by census code misstate DOT-specific jobs; methodology unclear. | OEQ is an accepted source; exact DOT mapping not required; precision not achievable. | VE’s job-number testimony deemed sufficiently reliable to support finding of available work. |
Key Cases Cited
- Hancock v. Astrue, 667 F.3d 470 (4th Cir.2012) (upholds substantial-evidence standard for ALJ findings; no reweighing of evidence)
- Johnson v. Barnhart, 434 F.3d 650 (4th Cir.2005) (substantial evidence standard in SSA review)
- Liskowitz v. Astrue, 559 F.3d 736 (7th Cir.2009) (OEQ data mapping many-to-one issue; VE reliance context)
- Brault v. SSA Commissioner, 683 F.3d 443 (2d Cir.2012) (OEQ reliability and DOT vs SOC data concerns; ALJ responsibility to test reliability)
- Hicks v. Califano, 600 F.2d 1048 (4th Cir.1979) (significant-number jobs can be small in count to satisfy burden)