Ruger v. Commissioner of Social Security
2:11-cv-00969
| S.D. Ohio | Feb 6, 2013Background
- Ruger applied for supplemental security income, alleging neck/shoulder injuries with prior tibia/fibula fracture and COPD.
- ALJ denied benefits; Appeals Council declined review, final decision issued June 10, 2011.
- Plaintiff, age 50 at filing, has 9th-grade education and logger work history; unlikely transferable to light work.
- Evidence shows cervical spine surgery and left shoulder issues; MDs provided conflicting restrictions.
- State agency physicians opined light work with various postural limitations; VE identified some light jobs.
- ALJ found RFC for light work with left-hand restrictions and non-overhead reaching; found sufficient jobs exist in the national economy.
- This action seeks review of the Commissioner's decision under 42 U.S.C. § 405(g); plaintiff moves for reversal/remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bursitis/tendinopathy and hypertension are severe impairments | Ruger seeks inclusion of these conditions as severe impairments. | Limited impact; not more than slight abnormalities. | No error: these impairments considered non-severe. |
| Whether the ALJ properly evaluated treating physicians' opinions | Khosrovi and Roth opinions should be controlling. | ALJ may credit some but not all treating opinions with substantial evidence. | ALJ properly weighed opinions; no reversible error. |
| Whether vocational evidence supports the RFC and disability finding | Ambiguity in RFC due to left-arm limitations affecting jobs. | Jobs identified exist in significant numbers; RFC supported. | Record ambiguity requires remand for further consideration. |
Key Cases Cited
- Smith v. Comm'r of Soc. Sec., 482 F.3d 873 (6th Cir. 2007) (treating physician's opinion not controlling if unsupported)
- Bass v. McMahon, 499 F.3d 506 (6th Cir. 2007) (ALJ not bound by conclusory claim claimant cannot work)
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (judicial review limited to substantial evidence)
- Longworth v. Comm'r of Soc. Sec., 402 F.3d 591 (6th Cir. 2005) (substantial evidence standard; defer to ALJ if supported)
- Jones v. Comm'r of Soc. Sec., 336 F.3d 469 (6th Cir. 2003) (substantial evidence review and credibility considerations)
- Kinsella v. Schweiker, 708 F.2d 1058 (6th Cir. 1983) (deference to administrative findings if supported by record)
- Tyra v. Sec'y of Health & Human Servs., 896 F.2d 1024 (6th Cir. 1990) (clarifies substantial evidence standard on review)
- Farris v. Secretary of Health and Human Services, 773 F.2d 85 (6th Cir. 1985) (impairments must have more than minimal effect to be severe)
- Brady v. Heckler, 724 F.2d 914 (11th Cir. 1984) (definition of severe impairment as minimal effect on ability to work)