Lyons v. Commissioner of Social Security, 1:17-cv-00601

Background

Tony Lyons (b.1974) applied for SSI on Nov 2, 2010 alleging disability from a left below-knee amputation and asthma; initial ALJ denial was vacated and remanded; ALJ Rini issued a second unfavorable decision on Apr 27, 2015 and the Appeals Council denied review.
Medical record: longstanding left BKA from 1988, intermittent prosthesis use (records show he wore a prosthesis at many post-2010 visits but he also reported it ‘‘wore out’’ and alternately used a walker/crutches); asthma; history of substance abuse and GI/hepatic issues; consultative examiners differed on functional limits.
Mental findings: consultative psychologist diagnosed borderline intellectual functioning and noted possible malingering/poor effort; claimant’s education ranged from 8th–11th grade in various statements.
Testimony: Lyons testified inconsistently about prosthesis use, substance use, and education; he appeared at hearings with mobility aids; medical expert (Dr. Kravitz) testified by phone and assumed no prosthesis and ongoing substance use when finding medical equivalence to listed impairment.
ALJ RFC: limited to less than full range of light work (stand ~4 hours/8-hour day, unlimited sitting, no left foot controls, no ladders/crawling/kneeling, occasional ramps/stairs/balance/stoop/crouch, various environmental and non-productive-pressured-work limits). ALJ found no listed impairment met or equaled and concluded jobs exist that Lyons can perform.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lyons was denied a full and fair hearing	ALJ delayed, continued hearings, refused interrogatories to consultative examiner, declined IQ/TBI testing, and prejudged amputation issue	ALJ acted within discretion; claimant had counsel; continuances and questioning justified; no evidence of TBI; consultative testing not required	ALJ did not deprive Lyons of a full and fair hearing
Whether ALJ erred at Step Three (Listing 1.05C equivalence)	Lyons contends stump complications and inability to use prosthesis meet or equal Listing 1.05C	Commissioner: record shows Lyons often used a prosthesis; ME’s equivalence finding assumed no prosthesis and uncredited claimant testimony; burden on claimant to prove listing criteria	ALJ did not err; substantial evidence supports finding that listing not met or equaled
Whether RFC is supported by substantial evidence	Lyons faults ALJ for not explicitly weighing all §416.927(c) factors, ignoring need for assistive device, relying on state agency reviewers who didn’t see all records	ALJ need not recite each regulatory factor; ALJ reasonably discounted need for cane/walker based on records and credibility findings; ALJ reviewed entire record including later evidence	RFC is supported by substantial evidence
Whether Commissioner met burden at Step Five (jobs in national economy)	Lyons argues VE’s job numbers insufficient and rest on flawed RFC	Commissioner contends VE identified substantial local and national jobs and RFC was proper	ALJ satisfied Step Five; identified jobs (226,000 national; >3,000 local) are significant and VE testimony was adequate

Key Cases Cited

Bowen v. Yuckert, 482 U.S. 137 (Sup. Ct.) (defines disability standard and five-step framework)
Walters v. Commissioner, 127 F.3d 525 (6th Cir.) (claimant’s burden at Steps One–Four; standards for substantial evidence review)
Besaw v. Secretary of Health & Human Servs., 966 F.2d 1028 (6th Cir.) (definition of substantial evidence)
Brainard v. Secretary of Health & Human Servs., 889 F.2d 679 (6th Cir.) (substantial-evidence standard)
Garner v. Heckler, 745 F.2d 383 (6th Cir.) (court must not reweigh evidence or decide credibility)
Lashley v. Secretary of Health & Human Servs., 708 F.2d 1048 (6th Cir.) (ALJ’s duty to develop record; heightened duty in limited circumstances)
Foster v. Halter, 279 F.3d 348 (6th Cir.) (ALJ discretion to order consultative examinations)
Landsaw v. Secretary of Health & Human Servs., 803 F.2d 211 (6th Cir.) (consultative exam discretion and development of the record)
Ealy v. Commissioner, 594 F.3d 504 (6th Cir.) (ALJ may rely on state agency reviewers if ALJ considers the full record)
Jones v. Commissioner, 336 F.3d 469 (6th Cir.) (substantial-evidence standard for upholding ALJ findings)
Taskila v. Commissioner, 819 F.3d 902 (6th Cir.) (what constitutes a significant number of jobs)
Harmon v. Apfel, 168 F.3d 289 (6th Cir.) (discussion of significant job numbers at the national level)
Blakley v. Commissioner, 581 F.3d 399 (6th Cir.) (ALJ’s obligation in articulating reasons for the weight given to opinions)
McPherson v. Kelsey, 125 F.3d 989 (6th Cir.) (issues perfunctorily raised are waived)