McVickers v. Social Security Administration
1:11-cv-00098
M.D. Tenn.Jan 3, 2013Background
- McVickers seeks DIB under 42 U.S.C. § 405(g) challenging the Commissioner’s denial.
- ALJ Dougherty denied benefits on Feb. 5, 2010; Appeals Council denied review Sept. 22, 2011.
- ALJ found claimant had a RFC for the full range of light work and transferability of skills.
- Claimant born Dec 12, 1955; age category approaching advanced age; high school education; past police work.
- Record includes imaging, consultative exams, and VE testimony about available light jobs; no disabling condition found.
- Action filed Nov. 21, 2011; Magistrate Judge recommends denial and dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ properly weighed non-acceptable medical sources | Wilson and Harris opinions supported by evidence | ALJ properly weighed and attributed limited weight | ALJ properly weighed non-acceptable sources |
| Whether ALJ adequately evaluated credibility | Plaintiff’s pain and limitations not fully credited | Credibility supported by medical and daily activity record | Credibility determination supported by substantial evidence |
| Whether RFC for light work is supported by record | RFC incorrectly restricts work capacity | RFC consistent with medical evidence and VE | RFC for light work sustained by substantial evidence |
| Whether VE testimony supports past work transferability | Past police work transferable; includes mental demands | VE showed transferability only to light jobs with limitations | VE testimony supported finding of no disability at step five |
Key Cases Cited
- Moon v. Sullivan, 923 F.2d 1175 (6th Cir. 1990) (Commissioner may use grids if claimant matches profile and nonexertional limits are negligible)
- Walters v. Commissioner, 127 F.3d 525 (6th Cir. 1997) (ALJ credibility rulings deserve deference but must be supported by substantial evidence)
- Doud v. Commissioner, 314 F. Supp. 2d 671 (E.D. Mich. 2003) (credibility findings must be supported by substantial evidence)
- Hurst v. Secretary, 753 F.2d 517 (6th Cir. 1985) (record considered as a whole; substantive review of evidence)
- Wright v. Massanari, 321 F.3d 611 (6th Cir. 2003) (grids use as guide; require vocational evidence when nonexertional factors present)