Shepard v. Commissioner of Social Security
705 F. App'x 435
| 6th Cir. | 2017Background
- Margaret Shepard (b. 1959) applied for Title II disability insurance benefits, alleging disability from Jan 30, 2002 through her date last insured, June 30, 2007; she later amended onset to June 1, 2007.
- Medical history relevant to the period: bilateral carpal tunnel syndrome and reflex sympathetic dystrophy (RSD), treated primarily by Dr. Narin Tanir through 2014; contemporaneous 2007 records show generally mild objective findings and symptom control with medication.
- Initial ALJ denied benefits; district court remanded for reconsideration of RFC. On remand a second ALJ found Shepard not disabled (Dec. 31, 2014), concluding she retained capacity for light work with limitations (sit/stand option, limited bilateral handling/fingering, no public contact, etc.).
- The ALJ gave Shepard’s symptom testimony only partial credibility and assigned little weight to Dr. Tanir’s retrospective opinion that Shepard could not perform light or sedentary work, citing inconsistency with the record and the opinion’s retrospective, conclusory nature.
- Appeals Council denied review; the district court affirmed the Commissioner. Shepard appealed to the Sixth Circuit raising four errors (SSR 03-2p application; weight to treating physician; credibility finding; RFC support).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether ALJ properly applied SSR 03-2p (RSD guidance) | ALJ failed to follow SSR 03-2p and ignored RSD’s unique features because the ruling was not explicitly cited | ALJ’s analysis followed SSR 03-2p’s sequential steps and evaluated symptoms/RSD consistent with the ruling | Court: No error — ALJ’s decision comports with SSR 03-2p despite not citing it explicitly |
| 2. Whether ALJ improperly discounted treating physician Dr. Tanir’s opinion | Dr. Tanir’s opinion should have controlling weight as treating source | Opinion rendered seven years after the period, was conclusory, and inconsistent with contemporaneous medical records | Court: ALJ gave permissible reasons supported by substantial evidence to afford little weight to the opinion |
| 3. Whether ALJ’s credibility finding lacks substantial evidence | ALJ selectively cited records and ignored evidence showing greater limitation | Medical records show conservative treatment, effective pain control, and daily activities inconsistent with extreme limitations | Court: Credibility determination supported by substantial evidence and entitled to deference |
| 4. Whether RFC determination is unsupported by substantial evidence | No physician opined Shepard could perform light work; conflicting evidence shows incapacity | ALJ resolved conflicting medical evidence, incorporated limitations (sit/stand, reduced handling) and based RFC on the record; ALJ may determine RFC | Court: RFC supported by substantial evidence; ALJ may make the RFC finding without a physician endorsing light work |
Key Cases Cited
- Gayheart v. Comm’r of Soc. Sec., 710 F.3d 365 (6th Cir.) (treating-source opinions require "good reasons" supported by record to be discounted)
- Crisp v. Sec’y of Health & Human Servs., 790 F.2d 450 (6th Cir.) (existence of substantial evidence supporting a different conclusion does not warrant reversal)
- Buxton v. Halter, 246 F.3d 762 (6th Cir.) (Commissioner’s findings not reversible merely because record supports another conclusion)
- Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir.) (standard of review: decision must be supported by substantial evidence and proper legal standards)
- Miller v. Comm’r of Soc. Sec., 811 F.3d 825 (6th Cir.) (ALJ must account for obesity and explain analysis where it affects functional capacity)
- Richardson v. Perales, 402 U.S. 389 (U.S.) (factfinder must resolve conflicting medical evidence)