Tiffany v. Commissioner of Social Security
Filing
16
MEMORANDUM OPINION AND ORDER by Senior Judge John G. Heyburn, II on 5/13/2014. 13 Report and Recommendation of USMJ adopted in full; Commissioner's decision is affirmed and this matter is DISMISSED WITH PREJUDICE. This is a final order. cc:counsel (TLB)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:13-CV-839-H
TRAVIS R. TIFFANY
PLAINTIFF
v.
CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL SECURITY
DEFENDANT
MEMORANDUM OPINION & ORDER
Mr. Tiffany is before the Court on appeal of Defendant Commissioner’s denial of
disability insurance benefits. After the Commissioner denied Tiffany’s application for benefits,
Tiffany requested and received a hearing before an Administrative Law Judge. The ALJ found
that Tiffany is not disabled for purposes of the Social Security Act but retains residual functional
capacity and can do jobs that exist in the economy with certain specified modifications. The
Appeals Council denied Tiffany’s subsequent request for review. Having exhausted his
administrative remedies, Tiffany filed the present lawsuit.
Specifically, Tiffany objects that:
1. The ALJ did not abide by applicable federal regulations and case law in assessing the
credibility of his hearing testimony about various symptoms, including headache pain;
2. The ALJ did not give appropriate weight to the fact that the Veterans Administration
(VA) determined Tiffany to be totally disabled as a result of chronic headaches, anxiety,
depression, and tinnitus resulting from traumatic brain injuries incurred in April, May and
August 2006 when he was serving in Iraq and exposed to explosives; and
3. The ALJ did not give proper consideration or appropriate weight to the opinions of
several treating physicians.
The matter was referred to Magistrate Judge Whalin, who recommends affirming the
Commissioner. Having reviewed that report carefully, the Court is convinced that substantial
evidence supports the Commissioner’s decision and that the ALJ employed appropriate legal
standards. The ALJ did consider the VA’s 100% disability rating but noted that it appeared to be
based largely on Tiffany’s subjective reports and not on “the overall longitudinal record . . . .”
The ALJ made his own credibility determination of Tiffany’s complaints of debilitating pain in
line with the applicable guidelines, and federal courts are to accord “great deference to that
credibility determination.” Warner v. Comm’r, 375 F.3d 387, 392 (6th Cir. 2004). Further, the
Court is satisfied that the ALJ did not fail to take into account or give appropriate weight and
deference to the opinions of Tiffany’s various physicians.
The ALJ’s oversight regarding
Tiffany’s having seen a physical therapist is harmless error.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that the Magistrate’s recommendation is adopted in full (DN
13).
The Commissioner’s decision is affirmed and this matter is DISMISSED WITH
PREJUDICE.
This is a final order.
May 13, 2014
cc:
Counsel of Record
Magistrate Judge Dave Whalin
2
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