Todd v. Commissioner of Social Security, 1:16-cv-00541

Background

Plaintiff Angela Todd applied for disability insurance benefits alleging multi-level cervical fusion (C5-6, C6-7), radiculopathy, back pain, headaches, and situational anxiety with an alleged onset of November 8, 2011; application filed August 6, 2012.
Her application was denied at initial levels, she had a de novo hearing before ALJ Penny Loucas, who denied benefits on November 19, 2014; the Appeals Council denied review.
ALJ found severe impairments: degenerative cervical disc disease status-post fusion and osteoarthritis, plus situational anxiety; did not find thoracic/lumbar conditions severe but considered them.
ALJ assessed an RFC for light work with multiple nonexertional restrictions (e.g., no ladders, limited overhead reaching, routine work only, off-task 10%) and found plaintiff could perform past relevant work (cosmetologist at light; title clerk at sedentary).
Plaintiff appealed alleging errors in (1) RFC without a supporting medical assessment and improper weighing of medical opinions, (2) failure to treat lumbar/thoracic radiculopathy as severe, (3) failure to give controlling weight to treating/examining physicians, and (4) improper credibility assessment.
Magistrate Judge recommended affirming the Commissioner, concluding the ALJ properly evaluated opinion evidence, did not err at step two, and gave supported reasons for discounting credibility.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ALJ erred in formulating RFC absent a single treating physician opinion endorsing light work	Todd: RFC unsupported; ALJ improperly credited non-examining state reviewers over treating/examining physicians	Commissioner: RFC is the ALJ's responsibility; ALJ permissibly weighed all evidence and relied on objective findings and state reviewers	Held: No error — ALJ reasonably evaluated opinions and RFC is supported by substantial evidence
Whether ALJ failed to give controlling weight to treating physician Dr. Khan and examining physician Dr. Wolf	Todd: ALJ should have given controlling/greater weight to Drs. Khan/Wolf, whose notes imply greater restrictions	Commissioner: Dr. Khan’s post-op discharge limits were temporary and not a medical opinion under §404.1527; Dr. Wolf’s opinions were inconsistent with exam, imaging, and claimant reports	Held: No error — the treating-physician rule did not require controlling weight; ALJ permissibly discounted/integrated those opinions
Whether ALJ erred by omitting thoracic/lumbar spine as a severe impairment at step two and failing to consider combined effects	Todd: Thoracic/lumbar radiculopathy and multiple ESIs show severity and should be treated as severe; combined effects not fully considered	Commissioner: ALJ recognized and discussed lumbar/thoracic treatment, found other severe impairments and proceeded to remaining steps, considering non-severe conditions in RFC	Held: No reversible error — any omission was harmless because ALJ considered those conditions later and applied the combination analysis
Whether ALJ improperly assessed credibility of claimant’s pain and limitations	Todd: ALJ failed to give specific, clear reasons and relied on SSR 96-7p incorrectly	Commissioner: ALJ cited objective imaging (mild findings), exam strength, active lifestyle, limited mental-health treatment, and other factors as reasons; SSR 96-7p standards (and later SSR 16-3p not retroactive) apply	Held: No error — ALJ’s credibility determination supported by substantial evidence and entitled to deference

Key Cases Cited

Rabbers v. Comm'r of Soc. Sec., 582 F.3d 647 (6th Cir. 2009) (describing the five-step sequential evaluation and burden allocation)
Wilson v. Comm'r of Soc. Sec., 378 F.3d 541 (6th Cir. 2004) (treating-physician rule and requirement to give good reasons when discounting treating opinions)
Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (standard that agency findings must be supported by substantial evidence)
Rogers v. Comm'r of Soc. Sec., 486 F.3d 234 (6th Cir. 2007) (definition and scope of substantial evidence)
Walters v. Comm'r of Soc. Sec., 127 F.3d 525 (6th Cir. 1997) (deference to ALJ credibility findings)
Warner v. Comm'r of Soc. Sec., 375 F.3d 387 (6th Cir. 2004) (medical source conclusions that a claimant is disabled are not dispositive)