Rogers v. Commissioner of Social Security
1:16-cv-00861
S.D. OhioAug 15, 2017Background
- James S. Rogers, Jr. filed for DIB and SSI (alleged onset Jan 10, 2012); benefits were denied by ALJ Kawalek on Aug 20, 2015 and Appeals Council denied review.
- Prior ALJ (Marceille) had found an RFC for light work in Jan 2012; ALJ Kawalek found new and material evidence and formulated a similar but slightly more restrictive RFC (added manipulative, kneeling, and hazard limitations) and concluded Rogers is not disabled.
- Severe impairments found: cervical/thoracic/lumbar degenerative disc disease with chronic pain, prior bilateral wrist fractures, and obesity.
- Treating physician Dr. Gary Ray opined the claimant was essentially limited to sedentary work, with significant manipulative limitations and frequent absences; ALJ gave Dr. Ray’s opinions little weight.
- ALJ discounted claimant credibility based on: objective medical findings (generally benign), inconsistencies with reported activities (walking, biking, caring for daughter), and documented instances of drug-seeking behavior.
- Magistrate Judge recommended affirming the Commissioner, concluding the ALJ’s explanations for departing from the prior RFC, for discounting Dr. Ray’s opinions, and for the credibility finding were supported by substantial evidence and correct legal standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of Drummond res judicata to prior RFC | Rogers: ALJ failed to identify the "new and material" evidence and gave inconsistent findings about change in condition | Commissioner: ALJ identified wrist fractures and explained why prior RFC was not binding and why added limits were imposed | ALJ adequately explained the basis (wrist fractures) and permissibly departed from prior RFC; claim overruled |
| Weight given to treating physician (Dr. Ray) | Rogers: ALJ erred by not giving controlling/good reasons for discounting treating opinion and relied on lay interpretation of raw medical data | Commissioner: ALJ applied treating-source factors, found Dr. Ray’s opinions unsupported by his own records and inconsistent with longitudinal record and objective findings | ALJ provided adequate, specific reasons supported by record; giving little weight to Dr. Ray was proper |
| Credibility of claimant’s symptom testimony | Rogers: ALJ improperly discounted pain testimony; no medical opinion established ability to do light work | Commissioner: ALJ relied on objective medical evidence, inconsistent daily activities, and drug-seeking records to discount credibility | Credibility finding upheld as supported by substantial evidence and properly articulated |
Key Cases Cited
- Rabbers v. Comm’r of Soc. Sec., 582 F.3d 647 (6th Cir.) (burden-shifting and five-step sequential evaluation)
- Drummond v. Comm’r of Soc. Sec., 126 F.3d 837 (6th Cir.) (prior ALJ RFC findings binding absent new and material evidence)
- Gayheart v. Comm’r of Soc. Sec., 710 F.3d 365 (6th Cir.) (requirements for treating-source opinion weight and explanation)
- Wilson v. Comm’r of Soc. Sec., 378 F.3d 541 (6th Cir.) (ALJ must give good reasons for discounting treating physician)
- Richardson v. Perales, 402 U.S. 389 (U.S.) (substantial-evidence standard for administrative findings)