Owens v. Commissioner of Social Security
Filing
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Memorandum Opinion and Order that the Commissioner's decision denying Owens's applications for disability insurance benefits and supplemental security income be reversed and remanded for further administrative proceedings. (Related Doc. 1 ). Signed by Magistrate Judge William H. Baughman, Jr., on 11/29/2018. (S,MD)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOHNNIECE OWENS,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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CASE NO. 1:17 CV 2453
MAGISTRATE JUDGE
WILLIAM H. BAUGHMAN, JR.
MEMORANDUM OPINION &
ORDER
Introduction
Before me1 is an action for judicial review of the final decision of the Commissioner
of Social Security denying the applications of the plaintiff, Johnniece Owens, for disability
insurance benefits and supplemental security income.2 The Commissioner has answered3
and filed the transcript of the administrative record.4 Under my initial5 and procedural6
1
ECF No. 23. The parties have consented to my jurisdiction.
ECF No. 1.
3
ECF No. 9.
4
ECF No. 10.
5
ECF No. 6.
6
ECF No. 11.
2
orders, the parties have briefed their positions7 and filed supplemental charts8 and the fact
sheet.9 They have participated in oral argument.10
For the reasons set forth below, I conclude that the RFC findings as to all limitations
except interaction with others is affirmed, but the RFC finding regarding interaction with
others must be reversed and remanded for reconsideration as to that limitation.
Facts
A.
Background facts and decision of the Administrative Law Judge (“ALJ”)
Owens, who was 44 years old at the administrative hearing, graduated high school
and had a STNA certification.11 She was not married and lived with two of her children.12
Her past relevant employment history includes work as a nurse assistant, phlebotomist,
hand packager, small business owner, and home attendant.13
The Administrative Law Judge (“ALJ”), whose decision became the final decision
of the Commissioner, found that Owens had severe impairments consisting of:
hemigianoma, status post resection and radiation; epilepsy; asthma; bipolar disorder;
depression; post-traumatic stress disorder; and general anxiety disorder.14 The ALJ found
7
ECF No. 18 (Commissioner’s brief); ECF Nos. 16 and 19 (Owens’s briefs).
ECF No. 18, Attachment 1 (Commissioner’s charts); ECF No. 16, Attachment 2
(Owens’s charts).
9
ECF No. 17.
10
ECF No. 22.
11
ECF No. 17 at 1.
12
ECF No. 10, Transcript (“Tr.”) at 214.
13
Id. at 194.
14
Id. at 187.
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Owens had the residual functional capacity (“RFC”) to perform light work as defined in
the regulations, with additional limitations.15
The ALJ decided that this residual functional capacity precluded Owens from
performing her past relevant work. 16 Based on testimony by the vocational expert
(“VE”) at the hearing, the ALJ determined that a significant number of jobs existed
nationally that Owens could perform.17 The ALJ, therefore, found Owens not under a
disability.18
B.
Issues on judicial review
Owens asks for reversal of the Commissioner’s decision on the ground that it does
not have the support of substantial evidence in the administrative record. Specifically,
Owens presents the following issues for judicial review:
$
Whether the ALJ properly considered the medical opinion of consultative
examiners Michael Faust, Ph.D., and Pamela Corrigan, M.A.
$
Whether the ALJ properly considered the medical opinions of state agency
psychological consultants Tonnie Hoyle, Psy.D., and Kristen Haskins, Psy.D.
15
Id. at 190.
Id. at 194.
17
Id. at 195.
18
Id.
16
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Analysis
A.
Applicable legal principles
1.
Substantial evidence
The Sixth Circuit in Buxton v. Halter reemphasized the standard of review
applicable to decisions of the ALJs in disability cases:
Congress has provided for federal court review of Social Security
administrative decisions. However, the scope of review is limited under
42 U.S.C. § 405(g): “The findings of the Secretary as to any fact, if
supported by substantial evidence, shall be conclusive. . . .” In other
words, on review of the Commissioner’s decision that claimant is not
totally disabled within the meaning of the Social Security Act, the only
issue reviewable by this court is whether the decision is supported by
substantial evidence. Substantial evidence is “‘more than a mere
scintilla. It means such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.’”
The findings of the Commissioner are not subject to reversal merely
because there exists in the record substantial evidence to support a
different conclusion. This is so because there is a “zone of choice” within
which the Commissioner can act, without the fear of court interference.19
Viewed in the context of a jury trial, all that is necessary to affirm is that reasonable
minds could reach different conclusions on the evidence. If such is the case, the
Commissioner survives “a directed verdict” and wins.20 The court may not disturb the
19
Buxton v. Halter, 246 F.3d 762, 772-73 (6th Cir. 2001) (citations omitted).
LeMaster v. Sec’y of Health & Human Servs., 802 F.2d 839, 840 (6th Cir. 1986);
Tucker v. Comm’r of Soc. Sec., No. 3:06cv403, 2008 WL 399573, at *1 (S.D. Ohio
Feb. 12, 2008).
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Commissioner’s findings, even if the preponderance of the evidence favors the
claimant.21
I will review the findings of the ALJ at issue here consistent with that deferential
standard. The relevant evidence from the administrative record will be discussed in
detail as part of the following analysis.
B.
Application of standards
The dispositive issue relates to the opinions of the State agency reviewing sources
and the ALJ’s treatment thereof.
The ALJ gave the opinions of a consulting examiner and the state agency reviewing
sources great weight. These opinions support a limitation in the RFC to superficial
interactions with others and away from the distractions of others. The RFC
contains a limitation for frequent interaction with supervisors and occasional
interaction with co-workers and the public. The ALJ did not explain why he did
not incorporate the greater limitation opined by the state agency sources into the
RFC. Does substantial evidence support the lesser limitation adopted?
The ALJ’s analysis assigning great weight to the opinions of the state agency
reviewing sources has the support of substantial evidence. Owens challenges not the
weight assigned to those opinions but rather the ALJ’s unexplained failure to adopt the
state agency sources’ limitations to infrequent contact with supervisors and the need to
work in an environment with minimal distractions. As the agency’s own interpretation
of the regulations makes plain, “[t]he RFC assessment must always consider and address
medical source opinions. If the RFC assessment conflicts with an opinion from a medical
21
Rogers v. Comm’r of Soc. Sec., 486 F.3d 234, 241 (6th Cir. 2007).
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source, the adjudicator must explain why the opinion was not adopted.” 22 The ALJ
considered and addressed the state agency source opinions. He had not however, explain
why he did not adopt the limitations on those opinions despite the great weight assigned
to them.
At oral argument, counsel for the Commissioner conceded that the ALJ’s decision
contains no explanation for the adoption of less limitations than opined by the state agency
sources. Nevertheless, she argued that the lesser limitations are consistent with the
agency function report (a report the state agency reviewing sources had as part of the
administrative record when they gave their opinions and which predated the onset of
Owens’s brain tumors). Counsel also argued that the jobs identified by the VE had DOT
numbers that provided for minimal interaction with others, while conceding the VE, ALJ,
and counsel herself did not reference this in their respective testimony, decision, or brief.
This is, therefore, post hoc rationalization on the Commissioner’s part.
SOCIAL SECURITY ADMINISTRATION, SOCIAL SECURITY RULING 96-8P, POLICY
INTERPRETATION RULING TITLES II AND XVI: ASSESSING RESIDUAL FUNCTIONAL
CAPACITY IN INITIAL CLAIMS, 1996 WL 374184, at *7 (July 2, 1996) (“SSR 06-03p”).
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Conclusion
While substantial evidence supports most of the limitations in the ALJ’s RFC
findings, the RFC finding regarding interaction with supervisors and the absence of any
provision for a work environment without distractions lack substantial evidence. As to
those limitations, the decision is reversed and remanded for consideration of whether
such limitations should be incorporated into the RFC and, if so, whether there are a
significant number of jobs in the national economy that Owens can perform with those
limitations. 23
IT IS SO ORDERED.
Dated: November 29, 2018
s/ William H. Baughman, Jr.
United States Magistrate Judge
Neither the ALJ nor Owens’s attorney posed a hypothetical to the VE incorporating the
limitation to superficial interaction away from distractions. The record is silent, therefore,
as to whether there is a significant number of jobs in the national economy that Owens
could perform under the greater limitation
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