Raines v. Kijakazi, 3:21-cv-00045

Donna M. Raines applied for Disability Insurance Benefits alleging onset September 24, 2017, citing diabetes (with neuropathy), back/hip/shoulder/ankle pain, asthma, psoriasis and depression.
Her claim was denied at reconsideration; ALJ Nathan Brown held a hearing May 7, 2020; ALJ issued an unfavorable decision June 22, 2020; Appeals Council denied review and the decision became final.
ALJ found multiple severe impairments (lumbar degenerative disc disease, right hip OA, diabetes with neuropathy, left ankle OA, left shoulder arthralgia, psoriasis, asthma) but that none met a Listing and assessed an RFC for a modified range of light work with specific postural, manipulative, bilateral lower-extremity and environmental limits.
ALJ relied on consultative exam, imaging, treating records, state agency reviewers, VE testimony and claimant testimony; he found Raines could perform her past relevant work.
Raines challenged (1) the ALJ’s duty to develop the record, (2) failure to consider combined impairments/Listings, (3) improper rejection of treating physician Dr. Bannister’s RFC and disability opinion, and (4) erroneous credibility/RFC assessment.
The magistrate judge recommended denial of Raines’s motion, affirmation of the Commissioner’s decision, and dismissal of the case; finding the ALJ’s decision supported by substantial evidence.

Issue	Plaintiff's Argument (Raines)	Defendant's Argument (Commissioner)	Held
ALJ duty to develop the record	ALJ failed to fully develop evidence for multiple impairments and ignored testimony/records	Record was complete, claimant had counsel who confirmed completeness, ALJ adequately developed evidence	ALJ satisfied development duty; no additional development required
Consideration of combined impairments / Listings	Combination of impairments meets or equals Listings; ALJ did not properly evaluate cumulative effects	ALJ considered combined effects, evaluated relevant Listings and supported findings with objective evidence	ALJ appropriately evaluated combined impairments and Listings; no error
Evaluation of treating physician opinion (Dr. Bannister)	ALJ improperly substituted his own judgment and rejected treating opinion that Raines was disabled	ALJ applied 20 C.F.R. §404.1520c factors (supportability, consistency) and reasonably found the treating opinions unpersuasive	ALJ permissibly discounted Dr. Bannister’s opinions as inconsistent with clinical findings and objective evidence
Credibility / RFC findings based on symptoms	ALJ ignored subjective complaints and mischaracterized evidence	ALJ considered testimony, symptom reports, objective findings, opinion evidence and VE input when forming RFC	Credibility/RFC analysis complied with law and is supported by substantial evidence

Blalock v. Richardson, 483 F.2d 773 (4th Cir. 1972) (defines substantial evidence standard)
Bowen v. Yuckert, 482 U.S. 137 (U.S. 1987) (allocates burdens in sequential evaluation)
Cook v. Heckler, 783 F.2d 1168 (4th Cir. 1986) (ALJ duty to develop the record)
Arakas v. Commissioner, Social Security Admin., 983 F.3d 83 (4th Cir. 2020) (ALJ must not cherry-pick evidence; claimant may rely on subjective symptom testimony)
Reid v. Commissioner of Social Security, 769 F.3d 861 (4th Cir. 2014) (no rigid requirement to cite every piece of evidence if whole record is considered)
Mascio v. Colvin, 780 F.3d 632 (4th Cir. 2015) (need for explanation sufficient for meaningful judicial review)
Craig v. Chater, 76 F.3d 585 (4th Cir. 1996) (court will not reweigh evidence; ALJ evaluates credibility)
Gross v. Heckler, 785 F.2d 1163 (4th Cir. 1986) (diagnoses alone do not establish disability)
Oppenheim v. Finch, 495 F.2d 396 (4th Cir. 1974) (courts must scrutinize the record as a whole)
Hays v. Sullivan, 907 F.2d 1453 (4th Cir. 1990) (ALJ resolves conflicts in evidence)