Jones v. Astrue
2011 U.S. Dist. LEXIS 111381
N.D. Tex.2011Background
- Plaintiff Ramona Jones sought SSI and DIB alleging disability since December 14, 2006; onset date amended to January 5, 2007 for the record.
- ALJ decision in April 2009 denied benefits; Appeals Council denial in September 2010 made the ALJ’s decision final.
- Plaintiff alleged carpal tunnel syndrome with hand/wrist restrictions, hypertension, cervical radiculopathy, and depression.
- Medical evidence included treating physician Dr. Garrison (RFC 2008) and consultative/other physicians (Dr. Silverman, etc.).
- VE testified that, with certain limitations, Plaintiff could not perform past work but could perform limited light work.
- Court granted Defendant’s Summary Judgment and affirmed the Commissioner’s decision; Plaintiff’s motion was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Stone severity standard applied | Jones argues ALJ used wrong severity standard. | ALJ proceeded beyond step two; Stone error harmless. | Stone error not reversible; ALJ’s analysis beyond step two suffices. |
| Whether ALJ properly weighed treating physician | Newton requires six-factor analysis when rejecting treating opinion. | ALJ gave less weight to Garrison’s RFC due to lack of support; some weight retained. | ALJ properly weighed treating opinion; Newton not triggered. |
| Step five determinations supported by substantial evidence | DOT conflicts with VE’s statements; Plaintiff cannot meet required handling/fingering. | DOT descriptions do not require bilateral frequent handling; VE testimony supports jobs. | Step five findings supported by substantial evidence; VE testimony valid. |
| Timeliness of period adjudication | ALJ allegedly evaluated onset from January 5, 2007 rather than December 14, 2006. | ALJ’s date is a scrivener’s error; substantial rights not affected. | Not reversible; substantial rights unaffected. |
Key Cases Cited
- Stone v. Heckler, 752 F.2d 1099 (5th Cir. 1985) (defines Stone severity standard and its non-automatic reversal.)
- Adams v. Bowen, 833 F.2d 509 (5th Cir. 1987) (no Stone error if ALJ proceeds beyond step two.)
- Reyes v. Sullivan, 915 F.2d 151 (5th Cir. 1990) (inference of severity if ALJ reaches later steps.)
- Mays v. Bowen, 837 F.2d 1362 (5th Cir. 1988) (implicit finding of severity when proceeding to fifth step.)
- Carey v. Apfel, 230 F.3d 131 (5th Cir. 2000) (VE testimony can support RFC despite DOT.)
- Newton v. Apfel, 209 F.3d 448 (5th Cir. 2000) (treating physician’s opinion requires six-factor analysis when rejected.)