Michael Griffin v. Commissioner of Social Security
560 F. App'x 837
11th Cir.2014Background
- Griffin filed a second SSA disability application on May 20, 2008, alleging onset December 31, 2002; he was last insured June 30, 2004.
- Medical history includes a 1996 car accident with ongoing back pain and tinnitus; treatments by Dr. Lakdawala (mental health), Dr. Martinez (neurology), and Dr. Moorthy (MRI showing C3-4 protrusion but no deficits).
- The 2001 ALJ decision found Griffin not disabled and did not appeal.
- The 2010 ALJ found a severe impairment of degenerative disc disease, did not find tinnitus as a severe impairment, and concluded Griffin could perform a full range of light work, with past relevant work as an insurance manager.
- Griffin challenged tinnitus as a severe impairment, the credibility determination, and whether the 2001 decision should have res judicata effect; the district court and this court affirmed the ALJ’s decision.
- The ALJ’s consideration of tinnitus was deemed harmless error, and res judicata was correctly not applied to the 2001 decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tinnitus as a severe impairment | Griffin argues tinnitus should be severe | Griffin fails to show tinnitus significantly limits basic work activities | Tinnitus not a severe impairment; harmless error if any |
| Credibility of Griffin's subjective complaints | Griffin's symptoms credible based on medical records | Credibility supported by sporadic treatment and inconsistent statements | ALJ’s credibility finding supported by substantial evidence |
| Res judicata effect of the 2001 decision | 2001 decision should have res judicata effect on current period | Res judicata inapplicable due to different time period | ALJ properly declined res judicata; 2001 decision did not preclude current analysis |
Key Cases Cited
- Jamison v. Bowen, 814 F.2d 585 (11th Cir. 1987) (severe-impairment filter and consideration of combined impairments)
- Jones v. Dep’t of Health & Human Servs., 941 F.2d 1529 (11th Cir. 1991) (combination of impairments considered at step 3)
- Diorio v. Heckler, 721 F.2d 728 (11th Cir. 1983) (harmless-error application in SSA reviews)
- Dyer v. Barnhart, 395 F.3d 1206 (11th Cir. 2005) (substantial evidence standard; deferential review)
- Foote v. Chater, 67 F.3d 1553 (11th Cir. 1995) (requirement to articulate credibility reasoning or provide substantial evidence)
- Heckler v. Campbell, 461 U.S. 458 (1983) (standard for evaluating impairment and credibility)