Regina Young v. Nancy Berryhill, Acting Cmsnr
689 F. App'x 819
| 5th Cir. | 2017Background
- Regina Young applied for Supplemental Security Income alleging physical impairments (back pain, shoulder/rotator-cuff issues, carpal tunnel, etc.) and testified about limited standing, sitting, walking, and lifting (about 10 lbs).
- Medical record included exams, CT and MRI studies, neurosurgical evaluation (no surgery needed), and ongoing chiropractic treatment by Michael Ungerank since 2003.
- Ungerank (chiropractor) opined Young had a chronic lower back condition precluding lifting over 10 pounds or excessive bending.
- An ALJ found Young not disabled, concluding her residual functional capacity permitted light work (e.g., cleaner); the Appeals Council denied review.
- The district court granted summary judgment for the Commissioner; Young appealed to the Fifth Circuit challenging the ALJ’s weighting of the chiropractor’s opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ erred by giving Ungerank’s opinion little weight | Ungerank’s opinion establishes inability to lift >10 lbs and excessive bending; ALJ erred by discounting it because he is a chiropractor | ALJ permissibly gave little weight to an “other source” chiropractor opinion and relied on more persuasive medical evidence | Affirmed — ALJ’s RFC finding supported by substantial evidence; no reversible error |
Key Cases Cited
- Newton v. Apfel, 209 F.3d 448 (5th Cir. 2000) (standard for reviewing ALJ decisions: substantial evidence and correct legal standards)
- Villa v. Sullivan, 895 F.2d 1019 (5th Cir. 1990) (ALJ responsible for RFC assessment based on all medical findings)
- Greenspan v. Shalala, 38 F.3d 232 (5th Cir. 1994) (treating physician opinions usually entitled to considerable weight unless good cause exists)
- Thibodeaux v. Astrue, [citation="324 F. App'x 440"] (5th Cir. 2009) (only acceptable medical sources can give medical opinions entitled to controlling weight)
- Porter v. Barnhart, [citation="200 F. App'x 317"] (5th Cir. 2006) (opinions from "other sources" like chiropractors may be considered but are not treated as controlling)