Sellars v. Social Security Administration, Commissioner of (TV2)
3:16-cv-00339
E.D. Tenn.Jan 22, 2018Background
- Plaintiff Anna Leah Sellers applied for Title II and XVI benefits alleging disability from April 15, 2013; application denied and ALJ found not disabled on June 22, 2015; Appeals Council denied review.
- ALJ found severe impairments: obesity, degenerative disc disease, affective and anxiety disorders, personality disorder, and gout; RFC assigned: light work with limited climbing, occasional posturals, no concentrated exposure to hazards, simple routine tasks, and only occasional brief/superficial interaction.
- Consultative examiner Dr. Jeffery Summers (single exam, July 8, 2013) noted decreased cervical/lumbar ROM and stated plaintiff would have “difficulty” with reaching, elevating arms, pushing/pulling and various postural activities; opined plaintiff could perform seated clerical/retail work 8 hours/day.
- ALJ gave “great weight” to Dr. Summers’ findings regarding postural limits and lifting >20 lbs but did not adopt an explicit reaching limitation; ALJ also gave great weight to state agency reviewers who found no manipulative restrictions.
- At step five a vocational expert identified several jobs (office helper, textile checker, production assembler) requiring frequent reaching; ALJ relied on that testimony to find jobs exist that plaintiff can perform.
- Magistrate Judge recommended denying plaintiff’s motion and granting the Commissioner’s motion, concluding the ALJ reasonably weighed Dr. Summers’ opinion, was not required to adopt every suggested limitation, and substantial evidence supports the RFC and VE reliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ improperly omitted a reaching limitation from RFC | Sellers: Dr. Summers reported she would have difficulty reaching; ALJ relied on his opinion but failed to include or explain omission of reaching limit | Commissioner: ALJ properly limited RFC to what record supports, gave great weight only to parts of Dr. Summers’ opinion and to state reviewers who found no manipulative limits | Held: ALJ did not err; not required to adopt every consultant limitation; omission supported by state reviewer opinions and record evidence |
| Whether VE testimony conflicts with medical opinion | Sellers: Jobs identified require frequent reaching inconsistent with Dr. Summers’ opinion | Commissioner: Dr. Summers’ “difficulty” statement does not mandate a finding of only occasional reaching; VE hypothetical matched ALJ’s RFC | Held: VE testimony constitutes substantial evidence because hypothetical accurately reflected the RFC supported by the record |
| Whether ALJ adequately explained weight given to medical opinions | Sellers: ALJ failed to explain why reaching limitation was excluded | Commissioner: ALJ explained weight given to Summers’ postural and lifting findings and relied on state reviewers; not required to comment on every opinion detail | Held: Explanation adequate; ALJ reasonably articulated reasons for assigned weight |
| Whether RFC is supported by substantial evidence | Sellers: RFC inconsistent with consultative examiner and thus unsupported | Commissioner: RFC consistent with overall record, exam findings, state agency opinions, and claimant’s activities | Held: RFC is supported by substantial evidence; step five finding stands |
Key Cases Cited
- Blakley v. Commissioner of Social Security, 581 F.3d 399 (6th Cir. 2009) (standard of review for ALJ factual findings and substantial evidence)
- Wilson v. Commissioner of Social Security, 378 F.3d 541 (6th Cir. 2004) (procedural and legal standards for assessing ALJ decisions)
- Cutlip v. Secretary of Health & Human Services, 25 F.3d 284 (6th Cir. 1994) (definition and application of substantial evidence)
- Walters v. Commissioner of Social Security, 127 F.3d 525 (6th Cir. 1997) (five-step disability analysis and burden shifting)
- Smith v. Halter, 307 F.3d 377 (6th Cir. 2001) (vocational expert testimony may constitute substantial evidence when hypothetical accurately reflects impairments)
- Gayheart v. Commissioner of Social Security, 710 F.3d 365 (6th Cir. 2013) (factors for weighing medical opinions)
- Rudd v. Commissioner of Social Security, [citation="531 F. App'x 719"] (6th Cir. 2013) (ALJ not bound to adopt physician’s RFC opinions)
- Barker v. Shalala, 40 F.3d 789 (6th Cir. 1994) (limited weight of one-time consultative examiner)
- Boyes v. Secretary of Health & Human Services, 46 F.3d 510 (6th Cir. 1994) (claimant bears burden of proving entitlement to benefits)