Michael Davern v. Commissioner Social Security
660 F. App'x 169
| 3rd Cir. | 2016Background
- Claimant Michael Davern (48 at denial) stopped truck-driving after a 2003 lumbar injury, had surgery in 2006, and settled a workers’ compensation claim in 2007.
- Treating surgeon Dr. Laurence Schenk consistently assessed limited but improved function (e.g., could lift ~20–30 lbs, sit/stand in limited periods; July 2009: “stable back,” no gross neurologic deficits).
- Treating family physician Dr. Warren DeWitt later opined more restrictive limitations and, in 2013, concluded Davern was disabled; DeWitt’s 2010 RFC form reported inability to sit/stand/walk without interruption.
- Administrative record includes Davern’s self-reported activities (driving, shopping, mowing, routine chores) and a state-agency physician (2008) finding capacity for light work (lift 20 lbs; sit/stand/walk 6 hours).
- ALJ credited Dr. Schenk over Dr. DeWitt, found Davern capable of a limited range of light work during the insured period, obtained vocational expert testimony identifying available jobs, and denied benefits; District Court affirmed on judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight accorded treating physician opinions | Davern: ALJ improperly rejected or gave little weight to Dr. DeWitt’s opinions that he was disabled | Commissioner: ALJ permissibly gave more weight to specialist Dr. Schenk whose opinions were consistent with objective record and claimant’s activities | ALJ entitled to credit Dr. Schenk over Dr. DeWitt; substantial evidence supports RFC for light work |
| Hypothetical to vocational expert omitted neck limits | Davern: VE testimony unreliable because ALJ omitted medically undisputed neck impairments from hypothetical | Commissioner: ALJ’s questions reflected the record and cervical findings; issue waived on appeal for not preserved below | Waived; even on merits VE testimony was substantial and accounted for neck limits in light of record |
| Reliance on records remote to last-insured date / alleged worsening before 12/31/2009 | Davern: ALJ relied on stale or inconsistent reports and failed to account for documented worsening and neurological symptoms | Commissioner: ALJ properly considered whole record, including claimant’s own reports of activity and objective findings showing stability | Substantial-evidence review forecloses reweighing; ALJ reasonably assessed credibility and medical evidence; no reversible error |
| Alleged severe neurological impairments | Davern: Evidence showed dizziness, sleepiness, and neurologic impairment that should have altered RFC | Commissioner: Medical records, including Dr. Schenk’s notes, documented no gross neurologic deficits; ALJ permissibly found no severe neurologic limitations | ALJ’s finding that neurologic symptoms did not substantially limit function is supported by substantial evidence |
Key Cases Cited
- Burnett v. Comm’r of Soc. Sec., 220 F.3d 112 (3d Cir. 2000) (standard of review for ALJ findings and substantial evidence framework)
- Richardson v. Perales, 402 U.S. 389 (1971) (definition of substantial evidence)
- Chandler v. Comm’r of Soc. Sec., 667 F.3d 356 (3d Cir. 2011) (ALJ—not physicians—makes ultimate RFC determination and credibility of symptom claims)
- Burns v. Barnhart, 312 F.3d 113 (3d Cir. 2002) (need for a vocational expert to be posed a complete hypothetical reflecting medical evidence)
- Fargnoli v. Massanari, 247 F.3d 34 (3d Cir. 2001) (ALJ need not cite every piece of evidence but must support conclusions with substantial evidence)