Jerry Glasgow v. Comm of Social Security

Filing

Per Curiam OPINION filed : AFFIRMED. Decision not for publication. Damon J. Keith, Alice M. Batchelder, and Richard Allen Griffin, Circuit Judges.

Case: 16-4213

Document: 14-2

Filed: 06/19/2017

Page: 1

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0342n.06
No. 16-4213
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED
JERRY A. GLASGOW,
Plaintiff-Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.

)
)
)
)
)
)
)
)
)

Jun 19, 2017
DEBORAH S. HUNT, Clerk
ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF
OHIO

BEFORE: KEITH, BATCHELDER, and GRIFFIN, Circuit Judges.

PER CURIAM. Jerry A. Glasgow appeals the district court’s judgment affirming the
denial of his applications for disability insurance benefits and supplemental security income
benefits.
In 2011, Glasgow filed applications for disability insurance benefits and supplemental
security income benefits, alleging that he became disabled on April 15, 2006. After the Social
Security Administration denied the applications, Glasgow requested a hearing before an
administrative law judge (ALJ). The ALJ conducted a hearing and denied Glasgow relief. The
Appeals Council remanded for further consideration. The ALJ conducted a second hearing and
again denied Glasgow relief. The Appeals Council declined to review the case. The district
court affirmed the denial of Glasgow’s applications.

Case: 16-4213

Document: 14-2

Filed: 06/19/2017

Page: 2

No. 16-4213, Glasgow v. Comm’r of Soc. Sec.
On appeal, Glasgow makes two arguments:

(1) the ALJ erred by discounting the

opinions of three examining psychologists and crediting the opinions of two reviewing
psychologists and the testimony of a medical expert; and (2) the ALJ erred in assessing the
medical opinion of an examining physician. “Our review of the ALJ’s decision is limited to
whether the ALJ applied the correct legal standards and whether the findings of the ALJ are
supported by substantial evidence.” Blakley v. Comm’r of Soc. Sec., 581 F.3d 399, 405 (6th Cir.
2009). Substantial evidence exists if a reasonable mind might accept the relevant evidence as
adequate to support a conclusion. Id. at 406. We review de novo the district court’s conclusions
on each issue. Id.
Glasgow first argues that the ALJ erred by discounting the medical opinions of
examining psychologists Dr. Gary Wolfgang, Dr. James Spindler, and Dr. Elvin Coblentz and
crediting the opinions of reviewing psychologists Dr. Paul Tangeman and Dr. Tonnie Hoyle and
the testimony of Dr. Douglas Pawlarczyk, an impartial medical expert.

The examining

psychologists opined that Glasgow has numerous work-preclusive functional limitations,
including impairments to his ability to understand and carry out instructions, interact with others,
maintain concentration and pace, and respond to pressure in a work setting. In contrast, the
reviewing psychologists concluded that Glasgow could perform simple, repetitive tasks in a
static work environment where interaction with others is superficial. Dr. Pawlarczyk similarly
testified that Glasgow could perform simple, low-stress work that involves no more than
occasional interaction with coworkers and supervisors and no interaction with the public.
Substantial evidence supports the ALJ’s weighing of the opinions at issue. The ALJ
reasonably gave little weight to the opinions of Dr. Wolfgang and Dr. Spindler on the basis that
nothing in their examination notes supported the severity of their proposed limitations aside from

-2-

Case: 16-4213

Document: 14-2

Filed: 06/19/2017

Page: 3

No. 16-4213, Glasgow v. Comm’r of Soc. Sec.
Glasgow’s subjective complaints, which the ALJ found to be unreliable given the inconsistencies
between Glasgow’s statements and other evidence concerning his prior drug use, his legal and
educational history, and his daily activities. In addition, the severity of the proposed restrictions
conflicted with the conclusion of a vocational evaluator, who determined that Glasgow was
prepared for community employment based on his performance of several jobs over an eight-day
assessment period. The ALJ also reasonably discounted Dr. Coblentz’s opinion on the basis that
he relied in part on Glasgow’s unreliable subjective complaints, Glasgow was not taking his
psychiatric medication at the time of the examination, and Glasgow was able to testify and
answer questions at his hearing without any of the psychological symptoms that were present
during his interview with Dr. Coblentz. And the ALJ reasonably credited the testimony of Dr.
Pawlarczyk and the opinions of the reviewing psychologists, despite the fact that they did not
have access to the entire record, because their conclusion that Glasgow retained the capacity to
work was supported by the totality of the medical and vocational evidence in the record. See
McGrew v. Comm’r of Soc. Sec., 343 F. App’x 26, 32 (6th Cir. 2009) (concluding that an ALJ
may rely on a state agency physician’s opinion that is not based on all of the medical evidence in
the record if the ALJ takes into account any evidence that the physician did not consider).
Glasgow also argues that the ALJ erred in assessing the opinion of examining physician
Judith Brown. Dr. Brown reported that Glasgow was unable to stand on his right leg alone, walk
on his heels, walk on his toes, walk heel-to-toe, or squat and that Glasgow’s muscle testing
results were unreliable because of “too much variation.” Dr. Brown opined that, based on her
findings, Glasgow’s ability to perform work-related activities such as squatting would be at least
mildly affected and that Glasgow could probably perform sedentary work. Glasgow contends
that the ALJ failed to adequately explain the extent to which he credited Dr. Brown’s opinion

-3-

Case: 16-4213

Document: 14-2

Filed: 06/19/2017

Page: 4

No. 16-4213, Glasgow v. Comm’r of Soc. Sec.
and erred by failing to take into account Dr. Brown’s determination that Glasgow is limited to
sedentary work and cannot squat.
Despite Glasgow’s argument to the contrary, the ALJ adequately explained that he was
accepting Dr. Brown’s personal observations during the examination but discounting her opinion
because it was based in part on Glasgow’s unreliable subjective complaints and his inconsistent
effort during the examination. And substantial evidence supports the ALJ’s decision. Given Dr.
Brown’s determination that Glasgow’s muscle testing results were unreliable due to too much
variation, the ALJ could reasonably conclude that Glasgow was not putting forth a consistent
effort during the examination, thereby undermining Dr. Brown’s conclusions concerning
Glasgow’s functional limitations.
Accordingly, we AFFIRM the district court’s judgment.

-4-