Theresa Aguiniga v. Carolyn W. Colvin
833 F.3d 896
| 8th Cir. | 2016Background
- Aguiniga, a 44-year-old woman, was in a Sept 2007 motorcycle accident causing pelvic fractures and a left wrist fracture.
- January 2008 MRI showed bulging lumbar and cervical discs with widespread pain complaints and numbness/tingling.
- She attenuated therapy in fall 2008, later used pain meds; mental health issues arose but she paused therapy for several months.
- First SSA disability application denied in Jan 2008 and reconsidered in June 2008; she filed a new application May 2009 with an April 28, 2009 onset date.
- 2009 disability evaluation denied; an unfavorable 2010 ALJ decision awarded benefits only for April 28, 2009 onset; 2013 district court remanded for a new decision addressing the entire period from Sept 7, 2007 onward.
- Appeals Council vacated the prior favorable decision on remand; a new ALJ hearing occurred Nov 2013, with a Dec 23, 2013 decision finding Aguiniga not disabled through Sept 30, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral estoppel/law of the case applicability | Aguiniga argues the first ALJ findings should preclude reconsideration. | The prior favorable decision was vacated and law-of-the-case collateral estoppel does not apply. | Collateral estoppel and law of the case do not apply; remand required新的决策. |
| Adverse credibility assessment | Aguiniga challenges the ALJ's adverse credibility finding. | The ALJ appropriately discounted inconsistencies and noncompliance. | Substantial evidence supports the ALJ's adverse credibility finding. |
| Weight given to treating source opinions (Stubblefield, Heims) | Treating opinions should receive controlling weight. | Drs. Stubblefield and Heims opinions were considered and weighed against the record. | ALJ properly weighed treating opinions and provided substantial support for the conclusions. |
| Kinney's status as treating source | Kinney, a licensed social worker, should be treated as a treating source per SSR 06-03p. | Regulations do not classify social workers as treating sources. | Kinney's opinion was considered; the ALJ considered concentration/stress factors without misclassifying Kinney. |
| Entire relevant period and remand scope | Should have considered disability status from Sept 7, 2007. | Remand required addressing the entire period; benefits not retroactively awarded. | ALJ addressed the entire period on remand; substantial evidence supports the decision. |
Key Cases Cited
- Rucker v. Chater, 92 F.3d 492 (7th Cir. 1996) (collateral estoppel applicable only with final judgment and same period)
- Hardy v. Chater, 64 F.3d 405 (8th Cir. 1995) (collateral estoppel not revived when decision not final)
- Juszczyk v. Astrue, 542 F.3d 626 (8th Cir. 2008) (de novo review; substantial evidence standard for ALJ)
- Martise v. Astrue, 641 F.3d 909 (8th Cir. 2011) (treating-source opinions may be discounted when not supported by evidence)
- Cline v. Colvin, 771 F.3d 1098 (8th Cir. 2014) (ALJ not required to scour record to support opinion; weigh evidence)