Shelley v. Social Security Administration, Commissioner of
3:16-cv-00440
E.D. Tenn.Sep 29, 2017Background
- Plaintiff Damien Shelley applied for Title II disability benefits alleging hypertrophic cardiomyopathy with symptoms including chest pain, syncope, dyspnea, edema, and reduced ejection fraction; diagnosis and management were by cardiologist Dr. Gregory Brewer and confirmed by tertiary centers.
- Dr. Brewer treated Shelley from July 2012 through 2014, ordered and relied on multiple cardiac tests (echocardiogram, MRI, PET, catheterization), and completed four medical opinions/forms describing significant functional limitations (including inability to sustain a workday, frequent absences, need for inordinate supervision).
- The ALJ found Shelley not disabled and assigned "little weight" to Dr. Brewer’s May 9, 2013 medical source statement (the SSA mental-impairment form) because Brewer was a cardiologist opining on mental limitations; the ALJ did not discuss Brewer’s three other written opinions.
- The ALJ gave "great weight" to nonexamining state-agency physicians whose RFCs supported light work with environmental and nonexertional limitations, stating only they were "consistent with the medical evidence as a whole."
- The Appeals Council denied review; Shelley sued. The magistrate judge found the ALJ erred by failing to (1) evaluate and assign weight to all of Dr. Brewer’s written medical opinions and (2) give "good reasons" for discounting the May 9, 2013 opinion, and remanded for reweighting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ properly weighed treating physician opinions | Shelley: ALJ erred by failing to assign specific weight to Brewer’s attending statement and chest-pain questionnaires and by discounting the May 9, 2013 form without good reasons | Commissioner: ALJ permissibly discounted Brewer’s May 9, 2013 form because it addressed mental limitations outside his specialty and relied on state agency opinions | Court: ALJ erred—must consider every medical opinion, assign specific weight, and give "good reasons" when not giving controlling weight; remand required |
| Whether ALJ’s reason for discounting May 9, 2013 opinion satisfied treating-source rule | Shelley: Brewer’s limitations (missed work, need for supervision) can stem from physical cardiac impairment and Brewer was qualified to opine | Commissioner: Opinion purportedly concerned mental functioning and thus less persuasive from a cardiologist | Court: ALJ’s sole rationale (specialty mismatch) was inadequate; ALJ failed to apply §404.1527(c) factors and did not show inconsistency/support analysis |
| Whether failure to discuss other treating opinions was harmless error | Shelley: Omitting weight assignments harmed meaningful review | Commissioner: Error harmless because state-agency opinions and medical record support ALJ RFC | Court: Error not harmless—none of the harmless-error exceptions apply; remand required for full analysis |
| Whether ALJ properly relied on nonexamining opinions over treating source | Shelley: ALJ gave greater weight to nonexamining opinions without adequate comparison or explanation | Commissioner: State-agency opinions consistent with record justify weight | Court: ALJ failed to explain why nonexamining opinions were more consistent than treating opinions—required scrutiny lacking |
Key Cases Cited
- Blakley v. Comm’r of Soc. Sec., 581 F.3d 399 (6th Cir. 2009) (review limited to correct legal standards and substantial-evidence support)
- Wilson v. Comm’r of Soc. Sec., 378 F.3d 541 (6th Cir. 2004) (treating-source "good reasons" requirement; courts should remand when ALJ fails to follow rule)
- Cutlip v. Sec’y of Health & Human Servs., 25 F.3d 284 (6th Cir. 1994) (definition of substantial evidence)
- Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir. 2007) (purpose of good-reason rule: claimant must understand disposition when treating physician deems claimant disabled)
- Cole v. Comm’r of Soc. Sec., 661 F.3d 931 (6th Cir. 2011) (failure to assign specific weight to treating opinion is error; harmless-error framework)
- Gayheart v. Comm’r of Soc. Sec., 710 F.3d 365 (6th Cir. 2013) (ALJ must more rigorously scrutinize treating-source opinions than nonexamining opinions)