Miller v. Colvin
Civil Action No. 2015-0382
| D.D.C. | Sep 30, 2016Background
- Monte Miller applied for SSI and DI (claims filed May 26, 2010), alleging disability from May 7, 2010; applications were denied and he requested a hearing before an ALJ.
- ALJ hearing occurred October 22, 2012; ALJ issued an unfavorable decision October 26, 2012 finding Miller not disabled. Appeals Council denied review; Miller sued in district court.
- Central contested evidence: an August 17, 2012 opinion from treating physician Dr. Kamara stating Miller could sit/stand/walk <2 hours/day and lift <10 lbs; ALJ gave that opinion little or no weight.
- ALJ relied on other evidence contradicting Dr. Kamara: state agency RFC assessments (lifting 10–20 lbs; standing 2–4 or 4 hours; sitting 6 hours), GWU neurosurgery note advising avoidance of heavy lifting, and Miller’s own February 2011 Adult Function Report stating he could lift 15–20 lbs.
- Magistrate Judge Kay recommended affirming the ALJ; district judge adopted the Report and denied Miller’s motion to reverse, finding substantial evidence supported the ALJ’s weighing of medical opinions and credibility findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ erred by not giving controlling weight to treating physician Dr. Kamara’s August 2012 opinion | Miller: ALJ wrongly discounted Dr. Kamara because the ALJ (and Magistrate) misread the record; Dr. Kamara had been "following" him and should be credited | SSA: Dr. Kamara’s opinion contradicted other substantial evidence and record shows no in-person exam after June 2010, so it need not be controlling | ALJ did not err; substantial evidence contradicted treating opinion and record supports finding no recent exam |
| Whether ALJ improperly discredited Miller’s hearing testimony about lifting limits | Miller: His testimony that he could not lift >10 lbs was credible and consistent with worsening condition | SSA: Miller’s hearing statements conflicted with earlier Adult Function Report and other records showing ability to lift 15–20 lbs; no objective support for worsening with limiting findings | ALJ reasonably found testimony not entirely credible based on inconsistencies and other medical evidence |
| Whether absence of contemporaneous treatment notes is an invalid reason to discount treating opinion | Miller: Lack of contemporaneous notes is not a proper basis to discredit a treating physician | SSA: ALJ’s rationale focused on lack of recent exam and inconsistency with other records, not merely missing notes | Court: No record support that ALJ relied solely on missing notes; ALJ’s stated reason (no exam since June 2010) is supported and other contradictions suffice |
| Whether substantial evidence supports denial of benefits given RFC and VE testimony | Miller: If Dr. Kamara’s limits credited, disability would be found | SSA: Even assuming more restrictive limits, vocational expert testimony showed non-disability for jobs in national economy | Court: Substantial evidence supports ALJ’s RFC and reliance on VE; denial stands |
Key Cases Cited
- Butler v. Barnhart, 353 F.3d 992 (D.C. Cir. 2004) (ALJ duty to develop record and standard for reviewing substantial evidence)
- Williams v. Shalala, 997 F.2d 1494 (D.C. Cir. 1993) (treating physician’s report is binding unless contradicted by substantial evidence)
- Brown v. Bowen, 794 F.2d 703 (D.C. Cir. 1986) (SSA five-step framework and allocation of burdens)
- Smith v. Bowen, 826 F.2d 1120 (D.C. Cir. 1987) (review limited to whether ALJ findings are supported by substantial evidence and free of legal error)
- Espinosa v. Colvin, 953 F. Supp. 2d 25 (D.D.C. 2013) (discussion of RFC determination and record use between steps three and four)