Sullivan v. Commissioner Social Security Administration
5:13-cv-00701
N.D. OhioMar 24, 2014Background
- Sullivan filed for SSI on December 2, 2009 alleging physical and mental impairments; ALJ denied in 2011 and Appeals Council denied review in 2013.
- The ALJ found multiple physical impairments and gave a sedentary RFC with sit/stand option and other limitations, but deemed mental impairments non-severe at Step Two.
- Dr. John Comley, Psy.D., opined marked limitations in several work-related mental functions after Sullivan sought treatment in 2011, while state agency doctors Bergsten and Castro had found no severe mental impairments in 2010.
- Sullivan began mental health treatment in January 2011 at the Counseling Center of Wayne and Holmes Counties, with ongoing therapy through September 2011.
- Magistrate Burke recommends reversal and remand because the ALJ inadequately discounted Comley’s opinion using pre-treatment opinions and failed to adequately incorporate mental health limitations into the RFC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly discounted Dr. Comley’s opinion | Sullivan argues ALJ’s discount relies on pre-treatment opinions | Sullivan contends ALJ’s reasoning is consistent with record | Remand required; discount not supported by substantial evidence |
| Whether the RFC properly accounts for Sullivan’s mental impairments | RFC omits substantial mental-health limitations | RFC based on physical impairments; mental limits not clearly required | Remand required to re-evaluate RFC with mental health findings |
Key Cases Cited
- Chenery Corp. v. Securities and Exchange Commission, 332 U.S. 194 (U.S. 1947) (administrative grounds required; court may not substitute grounds on review)
- Wilson v. Comm’r of Soc. Sec., 378 F.3d 541 (6th Cir. 2004) (adequacy of the ALJ’s reasoning must allow meaningful review)
- Besaw v. Sec’y of Health & Hum. Servs., 966 F.2d 1028 (6th Cir. 1992) (substantial evidence standard for disability determinations)
- Simpson v. Comm’r of Soc. Sec., 344 F. App’x 181 (6th Cir. 2009) (remand when ALJ’s reasoning insufficient for review)
- White v. Comm’r of Soc. Sec., 312 F. App’x 779 (6th Cir. 2009) (remand when ALJ fails to explain discounting of treating source)