Owens v. Social Security, Commissioner of
2:14-cv-10830
E.D. Mich.Dec 16, 2014Background
- Plaintiff Thomas Owens (filed 2011) alleged disability from chronic back pain, depression, and anxiety with onset in 2007; applications for DIB and SSI were denied and ALJ found him not disabled (Nov. 27, 2012); Appeals Council denied review.
- Medical history: 2008 lumbar surgery; post‑op imaging generally showed good alignment and no focal herniation or stenosis; a 2012 thoracic MRI showed mild spondylotic changes without focal stenosis.
- Symptoms/testimony: Owens reported severe, variable pain limiting sitting/standing to ~15–40 minutes, need for assistance with personal care, medication side effects, limited lifting and walking, and depression/panic symptoms treated with medication but minimal mental‑health care.
- Treating records: Primary care physician Dr. Dotson completed a restrictive medical source statement; neurosurgeon Dr. Palavali repeatedly documented largely normal strength, sensation, reflexes, gait, and negative straight‑leg raising on some exams.
- ALJ findings: severe impairments limited to post‑lumbar surgery/spondylotic thoracic changes; RFC for sedentary, unskilled work with sit/stand option every 30–60 minutes, limited walking, and occasional postural activities; claimant could not perform past work but could perform other jobs per VE testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of Owens’ symptom reports | Owens argues his testimony and medical complaints establish disabling pain and limitations | Commissioner/ALJ argue objective imaging, normal exam findings, gaps in treatment, and inconsistencies undermine full credibility | Court upheld ALJ: credibility determination supported by substantial evidence despite some partially invalid reasons; harmless error applies |
| Weight of treating physician (Dr. Dotson) opinion | Owens cites treating‑physician rule and relies on Dotson’s restrictive RFC | ALJ gave Dotson limited weight because opinion lacked objective support and was inconsistent with other records | Court affirmed limited weight to Dotson’s statement as supported by record and applied proper factors |
| Hypothetical to vocational expert (RFC framing) | If Owens fully credible, VE testimony would show inability to sustain full‑time work (attendance/concentration issues) | ALJ need only pose limitations he finds credible; VE testimony based on ALJ’s RFC was proper | Court held hypothetical adequate because it reflected ALJ’s RFC and credibility finding supported by substantial evidence |
| VE testimony and DOT codes | Owens faults VE for failing to cite DOT codes, arguing uncertainty about job exertional levels | Commissioner notes counsel did not object at hearing and ALJ confirmed VE testimony was DOT‑consistent | Court rejected challenge: ALJ asked VE about DOT consistency; no reversible error absent timely objection |
Key Cases Cited
- Colvin v. Barnhart, 475 F.3d 727 (6th Cir.) (definition and framework for disability determinations)
- Heston v. Comm’r of Soc. Sec., 245 F.3d 528 (6th Cir.) (scope of review and sequential evaluation)
- Walters v. Comm’r of Soc. Sec., 127 F.3d 525 (6th Cir.) (ALJ credibility determinations entitled to deference)
- Wilson v. Comm’r of Soc. Sec., 378 F.3d 541 (6th Cir.) (treating physician rule and reasons‑for‑weight requirement)
- Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir.) (substantial evidence standard; credibility/symptom evaluation)
- Blakely v. Comm’r of Soc. Sec., 581 F.3d 399 (6th Cir.) (factors for weighing treating source opinions)
- Varley v. Sec’y of Health & Human Servs., 820 F.2d 777 (6th Cir.) (use of vocational expert testimony in disability determinations)
- Cutlip v. Sec’y of Health & Human Servs., 25 F.3d 284 (6th Cir.) (affirmance if substantial evidence supports ALJ even when record may support opposite conclusion)