Powell v. Astrue
2013 U.S. Dist. LEXIS 26121
W.D.N.C.2013Background
- Plaintiff applied for disability benefits and SSI with an onset date of Oct 1, 2005, alleging Hepatitis C, leg swelling, depression, fatigue, back pain, bronchitis, constipation, headaches; claims denied in March and June 2008 and/heard by ALJ Oct 20, 2009; ALJ denial Feb 23, 2010; Appeals Council denied Aug 8, 2011; Plaintiff timely sought judicial review on Oct 7, 2011.
- ALJ found no substantial gainful activity since onset (Step 1) and identified severe impairments: low back pain with radiculopathy, Hepatitis C, depression, cirrhosis (Step 2).
- RFC established as medium work with simple, routine tasks; can lift/carry up to 25 lbs frequently and up to 50 lbs occasionally; can sit/stand/walk six hours in an eight-hour day; Plaintiff could perform past relevant work as a food service attendant (Step 4).
- Disputed issues include whether fatigue was properly considered in RFC; credibility of Plaintiff’s fatigue symptoms; evaluation and weight given to Baker (GAF) and Marcus opinions; and whether any asserted failure to find chronic fatigue as a severe impairment was reversible error but not prejudicial.
- Court grants Defendant’s Summary Judgment and affirms Commissioner; Plaintiff’s Motion for Judgment on the Pleadings denied; case dismissed and judgment entered against Plaintiff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RFC accuracy re: chronic fatigue | Plaintiff contends fatigue is disabling. | Evidence does not support disabling fatigue; objective medical evidence insufficient. | ALJ properly weighed evidence; fatigue not disabling. |
| Credibility of Plaintiff | Plaintiff alleges credibility damaged by inconsistencies. | Evidence supported credibility findings; ALJ not reweighing facts. | Court defers to ALJ on credibility; no reversible error. |
| Weight of Baker and Marcus opinions | ALJ improperly discounted Baker’s GAF; Criticizes Marcus as credible. | Baker’s GAF treated as initial/limited relationship; Marcus was non-treating consultative examiner; opinions weighed per regulations. | ALJ properly weighed non-treating opinions; substantial weight given to consistent consultative opinions. |
| Severe impairment at Step 2 | Chronic fatigue should be a severe impairment. | Even if not found severe, it is harmless given other severe impairments and continued evaluation. | Any error at Step 2 was harmless; steps proceeded with proper analysis. |
Key Cases Cited
- Johnson v. Barnhart, 434 F.3d 650 (4th Cir. 2005) (substantial evidence standard; deferential review of ALJ findings)
- Craig v. Chater, 76 F.3d 585 (4th Cir. 1996) (application of substantial evidence standard; credibility and weighing evidence methods)
- Mastro v. Apfel, 270 F.3d 171 (4th Cir. 2001) (impairment evidence requires objective medical evidence; not solely claimant's statements)
- Pass v. Chater, 65 F.3d 1200 (4th Cir. 1995) (claimant bears burden to produce substantial evidence of impairment and its severity)
- Hancock v. Astrue, 667 F.3d 470 (4th Cir. 2012) (judge’s deference to ALJ; substantial evidence standard in credibility and RFC determinations)