Jones v. Commissioner of Social Security
Filing
16
DECISION AND ENTRY: (1) REVERSING THE ALJS NON-DISABILITY FINDING AS UNSUPPORTED BY SUBSTANTIAL EVIDENCE; (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) TERMINATING THIS CASE ON THE COURTS DOCKET. Signed by Magistrate Judge Michael J. Newman on 9/22/15. (pb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TOBY JONES
Plaintiff,
Case No.: 3:14-cv-161
vs.
COMMISSIONER OF
SOCIAL SECURITY,
Magistrate Judge Michael J. Newman
(Consent Case)
Defendant.
DECISION AND ENTRY: (1) REVERSING THE ALJ’S NON-DISABILITY FINDING
AS UNSUPPORTED BY SUBSTANTIAL EVIDENCE; (2) REMANDING THIS CASE
TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g)
FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) TERMINATING
THIS CASE ON THE COURT’S DOCKET
This Social Security disability benefits appeal is presently before the undersigned for
disposition based upon the parties’ consent. Doc. 5. At issue is whether the Administrative Law
Judge (“ALJ”) erred in finding Plaintiff not “disabled” and therefore unentitled to Disability
Insurance Benefits (“DIB”). This case is before the Court upon Plaintiff’s Statement of Errors
(doc. 12), the Commissioner’s memorandum in opposition (doc. 13), Plaintiff’s reply (doc. 15),
the administrative record (docs. 7-8),1 and the record as a whole.
I.
A.
Procedural History
Plaintiff filed for DIB on March 14, 2011 alleging a disability onset date of August 26,
2008. PageID 48. Plaintiff claims disability as a result of a number of impairments including,
inter alia, degenerative disc disease. PageID 51.
1
Hereafter, citations to the electronically-filed administrative record will refer only to the
PageID number.
After initial denial of his application, Plaintiff received a hearing before ALJ Kim S.
Nagle on October 10, 2012. PageID 68. The ALJ issued a written decision thereafter finding
Plaintiff not disabled at Step Four of the sequential benefits analysis. See infra (explaining Step
Fourt); see also PageID 48-62. Specifically, the ALJ’s findings were as follows:
1.
The claimant meets the insured status requirements of the Social
Security Act through March 31, 2009.
2.
The claimant did not engage in substantial gainful activity during
the period from his alleged onset date of August 26, 2008 through
his date last insured of March 31, 2009 (20 CFR 404.1571 et seq.).
3.
Through the date last insured, the claimant had the following
severe impairments: degenerative disc disease, history of lumbar
fusion (2007), and history of cervical discectomy and fusion (2005
and 2008) (20 CFR 404.1520(c)).
4.
Through the date last insured, the claimant did not have an
impairment or combination of impairments that met or medically
equaled one of the listed impairments in 20 CFR Part 404, Subpart
P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526).
5.
After careful consideration of the entire record, I find[] that,
through the date of last insured, the claimant had the residual
functional capacity [“RFC”] to perform a range of medium work as
defined in 20 CFR 404.1567(c),[2] except the claimant can lift up to
20 pounds frequently and 50 pounds occasionally. He can never
climb ladders, ropes, or scaffolds. The claimant can only
occasionally balance, stoop, kneel, crouch, and climb ramps or
stairs. The claimant can tolerate no more than frequent exposure to
workplace hazards, such as like dangerous, moving machinery and
unprotected heights.
6.
Through the date last insured, the claimant was capable of
performing past relevant work as a production worker and material
handler. This work did not require the performance of work
related activities precluded by the claimant’s [RFC] (20 CFR
404.1565).
“Medium work” involves the occasional lifting of 50 pounds at a time, and frequent lifting or
carrying of objects weighing up to 25 pounds. 20 C.F.R. § 404.1567. Medium work can require standing
and walking as much as six hours during any given eight-hour workday. Id. It may also involve frequent
stooping, grasping, holding, and turning objects. Id. “The functional capacity to perform medium work
includes the functional capacity to perform sedentary, light, and medium work.” 20 C.F.R. § Pt. 404,
Subpt. P, App. 2, § 203.00(a).
2
2
7.
The claimant has not been under a disability, as defined in the
Social Security Act, at any time from August 26, 2008, the alleged
onset date, through March 31, 2009, the date last insured (20 CFR
404.1520(f)).
PageID 51-61.
Thereafter, the Appeals Council denied Plaintiff’s request for review, making the ALJ’s
non-disability finding the final administrative decision of the Commissioner. PageID 35-37.
Plaintiff then filed this timely appeal. Cook v. Comm’r of Soc. Sec., 480 F.3d 432, 435 (6th Cir.
2007) (noting that, “[u]nder the Federal Rules of Appellate Procedure, [claimant] had 60 days
from the Appeals Council’s notice of denial in which to file his appeal”).
B. Evidence of Record
In her decision, the ALJ set forth a detailed recitation of the underlying medical evidence
in this case. PageID 51-60. Plaintiff, in his Statement of Errors, sets forth a summary of the
record evidence. Doc. 12 at PageID 1223-31. The Commissioner presents no specific objection
to Plaintiff’s summary. Doc. 13 at PageID 1241-42. Accordingly, except as otherwise noted in
this Decision and Entry, the undersigned incorporates Plaintiff’s summary and the ALJ’s
recitation of the evidence.
II.
A. Standard of Review
The Court’s inquiry on a Social Security appeal is to determine (1) whether the ALJ’s
non-disability finding is supported by substantial evidence, and (2) whether the ALJ employed
the correct legal criteria. 42 U.S.C. § 405(g); Bowen v. Comm’r of Soc. Sec., 478 F.3d 742, 74546 (6th Cir. 2007). In performing this review, the Court must consider the record as a whole.
Hephner v. Mathews, 574 F.2d 359, 362 (6th Cir. 1978).
3
Substantial evidence is “such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971). When
substantial evidence supports the ALJ’s denial of benefits, that finding must be affirmed, even if
substantial evidence also exists in the record upon which the ALJ could have found Plaintiff
disabled. Buxton v. Halter, 246 F.3d 762, 772 (6th Cir. 2001). Thus, the ALJ has a “‘zone of
choice’ within which he [or she] can act without the fear of court interference.” Id. at 773.
The second judicial inquiry -- reviewing the correctness of the ALJ’s legal analysis -may result in reversal even if the ALJ’s decision is supported by substantial evidence in the
record. Rabbers v. Comm’r of Soc. Sec., 582 F.3d 647, 651 (6th Cir. 2009). “[A] decision of the
Commissioner will not be upheld where the [Social Security Administration] fails to follow its
own regulations and where that error prejudices a claimant on the merits or deprives the claimant
of a substantial right.” Bowen, 478 F.3d at 746.
B.
“Disability” Defined
To be eligible for disability benefits, a claimant must be under a “disability” as defined
by the Social Security Act. 42 U.S.C. § 423(d)(1)(A). Narrowed to its statutory meaning, a
“disability” includes physical and/or mental impairments that are both “medically determinable”
and severe enough to prevent a claimant from (1) performing his or her past job and (2) engaging
in “substantial gainful activity” that is available in the regional or national economies. Id.
Administrative regulations require a five-step sequential evaluation for disability
determinations. 20 C.F.R. § 404.1520(a)(4). Although a dispositive finding at any step ends the
ALJ’s review, see Colvin, 475 F.3d at 730, the complete sequential review poses five questions:
1.
Has the claimant engaged in substantial gainful activity?
2.
Does the claimant suffer from one or more severe impairments?
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3.
Do the claimant’s severe impairments, alone or in combination, meet or
equal the criteria of an impairment set forth in the Commissioner’s Listing
of Impairments (the “Listings”), 20 C.F.R. Subpart P, Appendix 1?
4.
Considering the claimant’s RFC, can he or she perform his or her past
relevant work?
5.
Assuming the claimant can no longer perform his or her past relevant
work -- and also considering the claimant’s age, education, past work
experience, and RFC -- do significant numbers of other jobs exist in the
national economy which the claimant can perform?
20 C.F.R. § 404.1520(a)(4); see also Miller v. Comm’r of Soc. Sec., 181 F.Supp.2d 816, 818
(S.D. Ohio 2001). A claimant bears the ultimate burden of establishing that he or she is disabled
under the Social Security Act’s definition. Key v. Comm’r of Soc. Sec., 109 F.3d 270, 274 (6th
Cir. 1997).
III.
In his Statement of Errors, Plaintiff alleges the ALJ erred by: (1) failing to properly
weigh treating source opinions; (2) misinterpreting the vocational expert’s (“VE”) testimony in
finding that he can perform his past relevant work despite his physical limitations; and (3)
finding him not credible.
A.
Treating Physicians
The Court first addresses Plaintiff’s contention that the ALJ erroneously weighed the
opinions of: (1) Scott West, D.O., his treating neurosurgeon; and (2) Robert Kominiarek, M.D.,
his treating family physician. PageID 1233-37. “[T]he Commissioner’s regulations establish a
hierarchy of acceptable medical source opinions[.]” Snell v. Comm’r of Soc. Sec., No. 3:12-cv119, 2013 WL 372032, at *9 (S.D. Ohio Jan. 30, 2013). Treating physicians and psychologists
top the hierarchy. Id. “Next in the hierarchy are examining physicians and psychologists, who
often see and examine claimants only once.” Id. “[N]on-examining physicians’ opinions are on
the lowest rung of the hierarchy of medical source opinions.” Id. “The regulations provide
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progressively more rigorous tests for weighing opinions as the ties between the source of the
opinion and the individual [claimant] become weaker.” Id. (citing SSR 96-6p, 1996 WL 374180,
at *2 (July 2, 1996)).
“An ALJ is required to give controlling weight to ‘a treating source’s opinion on the
issue(s) of the nature and severity of [the claimant’s] impairment(s)’ if the opinion ‘is wellsupported by medically acceptable clinical and laboratory diagnostic techniques and is not
inconsistent with the other substantial evidence in [the] case record.’” LaRiccia v. Comm’r of
Soc. Sec., 549 F. App’x 377, 385 (6th Cir. 2013) (citation omitted) (alterations in original). This
requirement is known as the “treating physician” rule. Blakley v. Comm’r of Soc. Sec., 581 F.3d
399, 406 (6th Cir. 2009) (citations omitted). Greater deference is given to treating source
opinions “since these sources are likely to be the medical professionals most able to provide a
detailed, longitudinal picture of [the claimant’s] medical impairment(s) and may bring a unique
perspective to the medical evidence that cannot be obtained from the objective medical findings
alone or from reports of individual examinations[.]”
20 C.F.R. § 404.1527(c)(2); see also
Blakely, 581 F.3d at 406. An ALJ must give controlling weight to a treating source’s opinion if
the ALJ finds it well-supported by medically acceptable evidence and not inconsistent with other
substantial evidence in the record. Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 544 (6th Cir.
2004).
Closely associated with the treating physician rule is the “good reasons rule,” which
“require[s] the ALJ to always give good reasons in [the] notice of determination or decision for
the weight given to the claimant’s treating source’s opinion.” Blakley, 581 F.3d at 406-07.
“Those good reasons must be ‘supported by the evidence in the case record, and must be
sufficiently specific to make clear to any subsequent reviewers the weight the adjudicator gave to
the treating source’s medical opinion and the reasons for that weight.’” Id. Thus, when the ALJ
6
declines to give controlling weight to a treating physician’s assessment, “the ALJ must still
determine how much weight is appropriate by considering a number of factors, including the
length of treatment relationship and the frequency of examination, the nature and extent of the
treatment relationship, supportability of the opinion, consistency of the opinion with the record
as a whole, and any specialization of the treating physician.” Id. at 406; see also 20 C.F.R.
§ 404.1527(c). Unless the opinion of the treating source is entitled to controlling weight, an ALJ
must “evaluate all medical opinions according to [these] factors, regardless of their source[.]”
Walton v. Comm’r of Soc. Sec., No. 97-2030, 1999 WL 506979, at *2 (6th Cir. June 7, 1999).
Here, Dr. West opined that Plaintiff could only stand and sit for thirty minutes at a time;
work only four hours per day; lift twenty pounds occasionally; lift five pounds frequently; and
only occasionally bend, stoop, and balance. PageID 1200-01. Dr. Kominiarek opined that
Plaintiff could only stand and sit fifteen minutes at a time; work no hours per day; lift no weight
even occasionally; and could never bend, stoop, or balance. PageID 1202-03. The ALJ declined
to give controlling weight to theses treaters’ opinions because she found that they are
“inconsistent with other substantial evidence in the record; specifically, the opinion evidence of
the reviewing physicians, the opinion of the consultative examiner, the objective signs evidence
in the consultative examiner’s report and the objective imaging studies in [the] record.” PageID
58. Plaintiff argues that the ALJ’s finding concerning inconsistent clinical signs and objective
imaging studies “is entirely unsubstantiated,” and points to numerous records indicating “the
presence of a significant pathology in both Plaintiff’s lumbar and cervical spine.” Doc. 12 at
PageID 1234.
However, the records cited by Plaintiff mostly predate the alleged onset date of August
26, 2008, with some dating as far back as 1992. See, e.g., PageID 399-411, 575. On the other
hand, the ALJ relied significantly on objective testing and clinical findings found closer in time
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to Plaintiff’s alleged onset date, including: (1) a note from March 26, 2008 stating that Plaintiff’s
lumbar “x-rays look excellent with evidence of a solid fusion[,]” PageID 386; and (2) an imaging
report from January 23, 2009, noting that an x-ray of Plaintiff’s cervical spine, following
surgery, revealed a stable fusion and no other remarkable findings, PageID 468. Accordingly,
the Court finds that the ALJ appropriately assessed the relevant objective evidence, and her
conclusion -- to not accord controlling weight to Plaintiff’s treaters -- is supported by substantial
evidence.
“[I]n all cases there remains a presumption, albeit a rebuttable one, that the opinion of a
treating physician is entitled to great deference, its non-controlling status notwithstanding.”
Rogers v. Comm’r of Soc. Sec., 486 F.3d 234, 242 (6th Cir. 2007) (citing Soc. Sec. Rul. 96–2p,
1996 WL 374188, at *4). The ALJ’s analysis of the factors set forth in 20 C.F.R. § 404.1527(c)
in determining the ultimate weight accorded, however, presents some issues. See PageID 58-59.
Notably, the ALJ afforded “little weight” to the treaters’ opinions because they were issued years
after Plaintiff’s date last insured and, therefore, were “retroactive.”3 PageID 58-59. The ALJ,
however, gave “great weight” to the opinions of record reviewing physicians Jerry McCloud,
M.D. and Maria Congbalay, M.D., who also offered “retroactive” opinions in May 2011 and
October 2011, respectively. PageID 57-58, 111, 121.
The “regulations do not allow the application of greater scrutiny to a treating-source
opinion as a means to justify giving such an opinion little weight.” Gayheart v. Comm’r of Soc.
Sec., 710 F.3d 365, 380 (6th Cir. 2013). In fact, the regulations specifically state that, “[w]hen
In order to qualify for DIB, a claimant must “establish the onset of disability prior to the
expiration or his [or her] insured status.” Garner v. Heckler, 745 F.2d 383, 390 (6th Cir. 1984) (citation
omitted) (emphasis in original). “Evidence of disability obtained after the expiration of insured status is
generally of little probative value.” Strong v. Soc. Sec. Admin., 88 F. App’x 841, 845 (6th Cir. 2004)
(citation omitted). To be relevant to the disability decision, “[p]ost-expiration evidence must relate back
to the claimant's condition prior to the expiration of her [or his] date last insured.” Wirth v. Comm’r of
Soc. Sec., 87 F. App’x 478, 480 (6th Cir. 2003) (citing King v. Sec’y of Health & Human Servs., 896 F.2d
204, 205–06 (6th Cir. 1990)).
8
3
the treating source has reasonable knowledge of [Plaintiff’s] impairment(s),” which, without
dispute, the treaters in this case do, the Commissioner “will give the source’s opinion more
weight than we would give it if it were from a nontreating source.”
20 C.F.R.
§ 404.1527(c)(2)(ii). Here, the Court finds that the ALJ’s critique, regarding the treaters’
“retroactive” opinions, applies equally to the opinions of the state agency physicians -- who
never had the opportunity to personally examine Plaintiff at any time4 -- and, therefore, such
critique is not a “good reason” for discounting the weight accorded to the treaters’ opinions in
this case.
Further, in analyzing Dr. West’s opinion, the ALJ found that his treatment relationship
with Plaintiff was “short-term.” PageID 58. Dr. West performed three separate spinal surgeries
on Plaintiff over a six year period. PageID 426-27, 459-60; doc. 12 at PageID 1236. The
Commissioner acknowledges the length and nature of Plaintiff’s treating relationship with Dr.
West, but argues that such treatment was “for short intervals over that span, most of which were
related to surgeries, evaluations for surgeries, and follow-up appointments[,]” and that such
“evidence of sporadic treatment[] does not undermine the ALJ’s conclusion.” Doc. 13 at PageID
1248. The ALJ, however, never provided such an explanation in her opinion.
The Court finds that, at best, the ALJ’s statement regarding a “short-term” relationship is
not a “good reason” because, in the absence of further explanation, such reason is ambiguous and
not “sufficiently specific to make clear to [the Court] . . . the reasons for [the] weight” given.
See Gayheart, 710 F.3d at 376. At worst, such reason is one wholly unsupported by the record,
i.e., a treatment relationship that included three separate surgeries spanning a period of six years
The same analysis applies to any suggestion by the ALJ that the weight accorded to Dr. West’s
opinion should be lessened because it was offered a year or more after his last examination of Plaintiff.
See PageID 58. Such a critique rings hollow when the ALJ gave “great weight” to the record reviewing
physicians who never examined Plaintiff at any time prior to rendering an opinion. See Gayheart, 710
F.3d at 380.
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4
cannot reasonably be considered “short-term.”
Finally, the Court notes, again, the record
reviewing physicians had no treatment relationship with Plaintiff and their opinions, nonetheless,
were given “great weight.” PageID 57-58.
The Court does note, however, that other reasons set forth by the ALJ in diminishing the
weight accorded to the treaters’ opinions are supported by the record, namely: medical findings
from the relevant time period noting improvement in Plaintiff’s condition and increased activity,
see PageID 58, 286, 412, 428, 1096; and the opinion of examining physician Lynn Richardson,
D.O.,5 PageID 1204-10 (concluding that Plaintiff could lift up to 20 pounds continuously, and
21-50 pounds occasionally).
Thus, there may be some suggestion as to whether the
aforementioned errors are harmless. Under the circumstances here, where Plaintiff would be
disabled as a matter of law under the relevant Medical-Vocational Guidelines (“Grid”) if limited
to even light work, see 20 C.F.R. Part 404, Subpart P, Appendix 2, Rule 202.06, and the
disabling opinions of the two treating physicians of record, see PageID 1200-04, the Court finds
that the ALJ’s errors are not harmless, and warrant remand. See infra.
B.
Vocational Expert Testimony
Plaintiff also alleges that the vocational expert’s (VE) testimony contradicts the ALJ’s
conclusion that Plaintiff can perform his past relevant work despite his physical limitations.
PageID 1231. During the administrative hearing, the VE testified that Plaintiff would be able to
perform his past work as a production worker or materials handler if he could perform medium
exertional work and could frequently bend, twist, turn, push, pull, squat, kneel, and reach below
the knee. PageID 98-99. In her decision, the ALJ found that Plaintiff could perform medium
As noted by the ALJ, Dr. Richardson “is a board certified physical medicine and rehabilitation
expert[,]” a specialization the ALJ noted favorably in weighing her opinion. PageID 57. Dr. West, on the
other hand, is a Plaintiff’s treating neurosurgeon, a specialty the ALJ failed to note in weighing his
opinion. Page 58-59. Further, it is “clearly established law that the opinion of a non-treating ‘one-shot’
consultative physician or of a medical advisor cannot constitute substantial evidence to overcome the
properly supported opinion of a physician who has treated a claimant over a period of years.” Pickett v.
Astrue, No. 3:10-CV-177, 2011 WL 1626559, at *5 (S.D. Ohio Apr. 28, 2011) (citations omitted).
10
5
exertional work with only occasional balancing, stooping, kneeling, crouching, and climbing.
PageID 53. Notably, although the ALJ, in her decision, states that she relied on the VE’s
testimony in finding that Plaintiff could perform his past relevant work, the VE never testified
that Plaintiff could perform such work if limited to medium work and only occasional balancing,
stooping, kneeling, crouching, and climbing. See id. The Court, therefore, finds the VE’s
testimony does not support the ALJ’s conclusion that Plaintiff can perform his past relevant
work.
An ALJ is “not required to solicit testimony from a VE in reaching his [or her]
conclusion” as to whether a claimant is “capable of performing past relevant work[.]” WrightHines v. Comm’r of Soc. Sec., 597 F.3d 392, 395 (6th Cir. 2010). Instead, the regulations state
that an ALJ “may use the services of vocational experts . . . to obtain evidence . . . to help . . .
determine whether [the claimant] can do . . . past relevant work, given [his or her] [RFC].” 20
C.F.R. § 404.1560(b)(2). Nevertheless, remand is appropriate where “the ALJ used the [VE’s]
testimony to assist him in deciding whether plaintiff could perform his past relevant work[,]” and
“the VE’s testimony is somewhat confusing.” See D’Angelo v. Comm’r of Soc. Sec., 475 F.
Supp. 2d 716, 724 (W.D. Mich. 2007). Here, it is not clear from the VE’s testimony that
Plaintiff is capable of performing his past relevant work based upon the RFC determined by the
ALJ. Accordingly, “on remand, the Commissioner should re-evaluate the evidence to determine
whether plaintiff can perform his past relevant work[.]” Id.
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Plaintiff also argues that the VE’s testimony establishes that he is incapable of medium
work” and, therefore, he is disabled as a matter of law under the Grid.6 Doc. 12 at PageID 1232.
The ALJ considers the Grid “in the fifth and final stage of the disability determination, after it
has been determined that the claimant has not met the requirements of a listed impairment but is
nevertheless incapable of performing past relevant work.” Abbott v. Sullivan, 905 F.2d 918, 926
(6th Cir. 1990). Here, because the ALJ found, at Step Fourt, Plaintiff capable of performing his
past relevant work, the Grid never came into the analysis. See Boggess v. Astrue, No. 1:09CV70,
2010 WL 2010811, at *4 (E.D. Tenn. Apr. 27, 2010).
Further, Grid “Rule 202.06 directs a finding of disabled if the claimant falls within the
‘advanced age’ category and is limited to light work.” Maher v. Comm’r of Soc. Sec., No. 1:11CV-1330, 2012 WL 3258099, at *8 (N.D. Ohio Aug. 8, 2012) (citing 20 C.F.R. Pt. 404, Subpt.
P, App. 2 § 202.06). Here, however, the RFC determined by the ALJ does not limit Plaintiff to
“light work” and, instead, limits him to a reduced range of medium work. See 20 C.F.R.
§ 404.1567. The VE’s testimony does not change this fact. See Anderson v. Comm’r of Soc.
Sec., 406 F. App’x 32, 35 (6th Cir. 2010) (stating that “[t]he VE does not testify as to what the
claimant is physically capable of doing,” and, instead, “the VE’s testimony depends upon the
RFC and not the other way around”). Simply put, “Plaintiff’s inability to perform the full range
of medium work does not mean that he only has the RFC to perform light work.” Obispo v.
Astrue, No. CV 11-9381-SP, 2012 WL 4711763, at *3 (C.D. Cal. Oct. 3, 2012)
For the foregoing reasons, the Court finds that the ALJ erred in relying on the VE’s
testimony to conclude Plaintiff is capable of performing his past relevant work. The Court
6
The Grid considers the vocational factors of age, education, work experience, and maximum
sustained work capability. See 20 C.F.R. Pt. 404, Subpt. P, App. 2, Rule 200.00(a). A plaintiff’s
“maximum sustained work capability” is categorized as one of five “exertional levels” -- including the
medium, light and sedentary exertional levels -- and is defined as “[t]he highest functional level a person
can perform on a regular work basis[.]” Soc. Sec. Ruling 83-10, 1983 WL 31251, at *6 (1983). These
exertional levels are defined “in terms of the primary strength activities required.” Id.; see also 20 C.F.R.
§ 404.1567.
12
further finds, however, that application of the Grid, at this point, does not direct a disability
finding.
C.
Credibility
In his final assignment of error, Plaintiff argues that the ALJ’s credibility findings are
unreasonable. PageID 1237-39. Given the Court’s determination -- that the ALJ failed to
properly weigh all medical source opinions of record, and erroneously relied on the testimony of
the VE in determining that Plaintiff is capable of performing his past relevant work -- the Court
makes no finding with regard to this alleged error. Instead, upon remand, the ALJ shall analyze
Plaintiff’s alleged symptoms and determine his credibility anew.
IV.
When the ALJ’s non-disability determination is unsupported by substantial evidence, the
Court must determine whether to remand the matter for rehearing or to order an award of
benefits. Generally, benefits may be awarded immediately “if all essential factual issues have
been resolved and the record adequately establishes a plaintiff’s entitlement to benefits.”
Faucher v. Sec’y of Health & Human Servs., 17 F.3d 171, 176 (6th Cir. 1994). The Court may
only award benefits where proof of disability is strong and opposing evidence is lacking in
substance, so that remand would merely involve the presentation of cumulative evidence, or
where proof of disability is overwhelming. Id.
In this instance, evidence of disability is not overwhelming in light of differing medical
opinion evidence. See PageID 451-61. Accordingly, the Court concludes that a remand for
further proceedings is necessary for the ALJ to: (1) fully assess and meaningfully explain the
weight to be accorded all medical source opinions; (2) determine whether Plaintiff is capable of
performing his past relevant work and, if necessary, other work in the national economy, in light
of his limitations; and (3) evaluate Plaintiff’s credibility anew.
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V.
For the foregoing reasons: (1) the Commissioner’s non-disability finding is found
unsupported by substantial evidence, and REVERSED; (2) this matter is REMANDED to the
Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with
this opinion; and (3) this case is TERMINATED on the Court’s docket.
IT IS SO ORDERED.
Date: September 22, 2015
s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge
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