Thompson v. Colvin
4:16-cv-00553
S.D. Tex.Feb 14, 2017Background
- Rebecca Thompson applied for DIB alleging fibromyalgia, rheumatoid arthritis, migraines, insomnia, and related symptoms with alleged onset April 13, 2012; SSA ALJ denied benefits and Appeals Council denied review; this is a §405(g) review.
- ALJ found severe impairments: fibromyalgia, migraines, obesity, insomnia; assessed an RFC for light work with limits (lifting up to 20 lbs occasionally/10 lbs frequently; sit/stand up to 6 hours each; frequent but not constant handling/fingering; avoid extreme heat/cold, unprotected heights, dangerous machinery, ladders/ropes/scaffolds).
- ALJ gave great weight to examining physiatrist Dr. William Culver and incorporated many of his limitations into the RFC; vocational expert testified such an RFC permits past relevant work as an administrative assistant.
- Thompson argued on appeal that the ALJ failed to consider (1) evidence of severe depression, (2) fully adopt Dr. Culver’s functional limitations, and (3) that the Appeals Council ignored new material evidence from psychiatrist Dr. Robert Harper.
- Magistrate Judge recommended granting the Commissioner's motion: ALJ did not err in record development concerning depression, properly considered and incorporated Dr. Culver’s opinions, and Dr. Harper’s post‑decision report was not shown to be likely to change the outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ALJ duty to develop record re: depression | Thompson: ALJ should have developed/considered depression evidence and included mental limitations in RFC | Colvin: Thompson never alleged depression to SSA; record lacked sufficient indicia to trigger ALJ duty to develop | Court: No duty to develop on unalleged mental impairment; ALJ not required to probe absent record indicia |
| Weight/incorporation of Dr. Culver’s opinion | Thompson: ALJ failed to adopt all of Culver’s limitations and improperly substituted his own opinion | Colvin: ALJ considered Culver, gave it great weight, and incorporated limitations consistent with the full record | Court: ALJ adequately considered Culver and reasonably incorporated limitations into RFC; supported by substantial evidence |
| Appeals Council review of Dr. Harper (new evidence) | Thompson: Harper’s 1/5/2015 psychiatric report shows major depression and is new, material evidence requiring remand | Colvin: Harper’s report post‑dates ALJ decision and is not material to the disability period | Held: Harper’s report may relate to the period but Thompson failed to show a reasonable probability it would change the outcome; no remand warranted |
| RFC and past‑work finding / substantial evidence | Thompson: Combined impairments and limitations preclude past work and competitive employment | Colvin: VE testimony and record support RFC and past‑relevant‑work finding | Held: ALJ’s RFC and finding that claimant can perform past relevant work are supported by substantial evidence |
Key Cases Cited
- Newton v. Apfel, 209 F.3d 448 (5th Cir. 2000) (explains five-step disability evaluation and burdens)
- Leggett v. Chater, 67 F.3d 558 (5th Cir. 1995) (ALJ’s duty to develop record and review standard; court will not reweigh evidence)
- Higginbotham v. Barnhart, 405 F.3d 332 (5th Cir. 2005) (Appeals Council denial after considering new evidence incorporates conclusion that ALJ’s findings remain correct)
- Castillo v. Barnhart, 325 F.3d 550 (5th Cir. 2003) (new evidence may warrant remand if it relates to the relevant period and could change the outcome)
- Bradley v. Bowen, 809 F.2d 1054 (5th Cir. 1987) (ALJ may reject an examining physician’s opinion for good cause)