Zibble v. Social Security, Commissioner of
2:18-cv-12910
E.D. Mich.Jul 23, 2019Background
- Plaintiff Darrell Zibble applied for Title II Disability Insurance Benefits alleging disability beginning May 2015; ALJ denied benefits and Appeals Council denied review. Magistrate Judge Patricia T. Morris reviewed cross-motions for summary judgment and recommended affirming the Commissioner.
- ALJ found severe impairments: cervical degenerative disc disease, bilateral knee degenerative joint disease, diabetes with neuropathy, sleep apnea, and obesity; did not find a listing-level impairment.
- RFC: light work with frequent handling/fingering, frequent push/pull and overhead reach (right arm), frequent foot control use, frequent balance, occasional kneel/crouch/stoop/crawl/stairs, never ladders/ropes/scaffolds or exposure to vibrations/heights/moving machinery.
- ALJ concluded at step four that Zibble could perform his past relevant work (retail store manager and sales representative as performed), relying on a vocational expert’s testimony.
- Zibble challenged the decision on three main grounds: ALJ failed to account for narcotic medication side effects (dizziness, drowsiness, nausea); ALJ mischaracterized/overstated his daily activities; and ALJ improperly weighed Dr. Michael Papenfuse’s opinion (which noted methadone can cause sedation).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ failed to consider medication side effects in symptom evaluation | Zibble: ALJ ignored evidence that narcotics (methadone, Percocet) cause dizziness, sleepiness, nausea that reduce work capacity | Commissioner: ALJ considered medication use and balance complaints; medical record showed minimal objective findings and improvements (e.g., CPAP for apnea); no functional limitations shown from side effects | ALJ did not err; substantial evidence supports finding that medication side effects were not shown to impose additional functional limitations needing RFC changes |
| Whether ALJ misrepresented or over-relied on Zibble’s daily activities | Zibble: ALJ overstated activities (cooking, woodworking, folding, shopping) and ignored qualifiers (takes longer, needs help/encouragement) | Commissioner: ALJ’s characterization was nuanced, relied on record and medical evidence; omitted minor qualifiers that would not change RFC or outcome | ALJ’s use of daily activities as one factor was reasonable and not dispositive error; findings supported when read with medical evidence |
| Whether ALJ improperly gave "great weight" to Dr. Papenfuse while ignoring his note that methadone causes sedation | Zibble: Sedation noted by treating physician should have compelled limiting RFC or precluded reliance on opinion | Commissioner: Papenfuse noted sedation as a possible side effect but nonetheless opined no unscheduled breaks and not off-work; record showed no oversedation and physician’s conclusion was consistent with record | ALJ permissibly gave great weight to Papenfuse’s opinion; the notation about possible sedation did not create an inconsistency requiring a different RFC or remand |
Key Cases Cited
- Biestek v. Berryhill, 139 S. Ct. 1148 (2019) (defines substantial evidence as relevant evidence a reasonable mind accepts)
- Rogers v. Comm'r of Soc. Sec., 486 F.3d 234 (6th Cir. 2007) (explains substantial-evidence standard and step-five burden)
- Wilson v. Comm'r of Soc. Sec., 378 F.3d 541 (6th Cir. 2004) (treating-source opinion framework)
- Varley v. Sec'y of Health & Hum. Servs., 820 F.2d 777 (6th Cir. 1987) (discusses severity findings vs. functional limitation)
- Kornecky v. Comm'r of Soc. Sec., [citation="167 F. App'x 496"] (6th Cir. 2006) (ALJ need not address every piece of evidence explicitly)
- Essary v. Comm'r of Soc. Sec., [citation="114 F. App'x 662"] (6th Cir. 2004) (absence of reported medication side effects in medical records supports ALJ credibility finding)