Edwards v. Commissioner of Social Security

636 F. App'x 645
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 19, 2016
DocketNo. 15-3546
StatusPublished
Cited by6 cases

This text of 636 F. App'x 645 (Edwards v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. Commissioner of Social Security, 636 F. App'x 645 (6th Cir. 2016).

Opinion

RALPH B. GUY, JR., Circuit Judge.

Angela Edwards brought this action for review of the Commissioner’s final decision denying her applications for Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). See 42 U.S.C. §§ 405(g) and 1383(c)(3). Edwards argues that the decision failed to properly weigh certain treating source medical opinions and, therefore, was not supported by substantial evidence. The district court rejected plaintiffs contentions, and we affirm.

I.

Edwards applied for DIB and SSI in October 2007, alleging disability beginning April 1, 2006, at age 41, due to physical and mental impairments. Edwards, who did not complete 12th grade or obtain a GED, had past relevant work experience as a customer service representative, telemarketer, housekeeper, and factory packer. After her applications were denied initially and upon reconsideration, a hearing was held before an administrative law judge (ALJ) on January 26, 2010. The ALJ issued a partially favorable decision finding that Edwards was not disabled pri- or to January 14, 2010, but that her worsened mental condition rendered her disabled as of January 14, 2010. Granting Edwards’ request for review, the Appeals Council vacated that decision and remanded for further consideration and reassessment of her residual functional capacity. In doing so, the Appeals Council stated that it was “not clear in light of the medical evidence of record that the residual functional capacity assessment in the hearing decision represented] the most the claimant can do despite her impairments.”

A second hearing was held before a different ALJ on April 4, 2012. Further medical evidence was provided, Edwards testified again, and testimony was received from another medical expert and a different vocational expert. Employing the familiar five-step sequential evaluation process required by 20 C.F.R. §§ 404.1520 and 416.920, the ALJ concluded that Edwards had not been under a disability within the meaning of the Social Security Act since the date of her applications for DIB and SSI.

In that decision, the ALJ found Edwards had severe impairments consisting of degenerative joint disease in the knees (status post-bilateral arthroscopic surgeries), obesity (post-gastric bypass surgery), lumbar spondylosis, affective disorder, anxiety disorder, and estimated borderline intelligence. Edwards has not challenged the .AL J’s determination that her impairments, considered singly and in combination, did not meet or equal the severity of any listed impairment. See 20 C.F.R., pt. 404, subpt. P, app. 1, 1.04A (spine), 1.02A (knees), 1.00(B)(2)(b) (inability to ambulate effectively), 12.04 (affective disorders), and 12.06 (anxiety disorders); 20 C.F.R. [648]*648§§ 404,1525-1526, 416.925-926.1

After weighing the evidence, the ALJ determined that Edwards retained the physical capacity to perform work activities that required her to lift/carry or push/ pull no more than 20 pounds occasionally and 10 pounds frequently; stand/sit/walk for six hours in an eight-hour day with normal breaks; never crawl, climb ladders or scaffolds, or work at unprotected heights or around hazardous machinery; and only occasionally stoop, kneel, crouch, or climb ramps or stairs. In addition, the ALJ found that Edwards could only per-, form work that involved simple, routine, or repetitive tasks that did not require a rapid pace, more than ordinary changes in setting or duties, or more than minimal interaction with coworkers, supervisors or the public. Finally, given her age, limited education, and residual functional capacity, the ALJ concluded that Edwards could perform both her past relevant work as a factory packer and other unskilled light work that exists in the national economy (ie., inspector, folder/stacker, and machine tender). That became the final.decision of the Commissioner when the Appeals Council denied review, and this action followed.

The magistrate judge reviewed Edwards’ claims of error and recommended reversal on the grounds that the ALJ had failed to comply with" the “treating source rule.” Concluding otherwise, however, the district court sustained the Commissioner’s objections, declined to adopt the magistrate judge’s report and recommendation, and affirmed the Commissioner’s denial of Edwards’ applications for DIB and SSI. Edwards appealed.

II.

The Commissioner determines whether a claimant is disabled within the meaning of the Social Security Act, and judicial review is limited to “whether the Commissioner’s decision ‘is supported by substantial evidence and was made pursuant to proper legal standards.’ ” Ealy v. Comm’r of Soc., Sec., 594 F.3d 504, 512 (6th Cir.2010) (quoting Rogers v. Comm’r of Soc., Sec., 486 F.3d 234, 241 (6th Cir.2007)). Failure to follow the agency’s own rules and regulations denotes a lack of substantial evidence, although violation of a procedural requirement may be deemed harmless error. Cole v. Astrue, 661 F.3d 931, 940 (6th Cir.2011). On appeal, the district court’s conclusions on these issues are reviewed de novo. Id. at 937.

The agency’s regulations require that a treating source’s medical opinion concerning the nature and severity of a claimant’s impairments be given “controlling weight” as long as it “[1] is well-supported by medically acceptable clinical and laboratory diagnostic techniques and [2] is not inconsistent with the other substantial evidence in [the] case record[.]” 20. C.F.R. §§ 404.1527(c)(2), 416.927(c)(2). If a treating source’s opinion is not found controlling, the ALJ must determine the weight that it should be given based on a number of factors, including the length, frequency, nature, and extent of the treatment relationship, as well as the “area of specialty and the degree to which the opinion is consistent with the record as a whole and is supported by relevant evidence.” Gayheart v. Comm’r of Soc., Sec., 710 F.3d 365, 376 (6th Cir.2013);. see 20 C.F.R. §§ 404.1527(c)(2)-(6), 416.927(c)(2)-(6).

[649]*649As a procedural requirement, the ALJ must also provide “good reasons” for discounting the weight to be given to a treating source’s opinion. Gayheart, 710 F.3d at 376, The reasons must be supported by the evidence in the reeord and sufficiently specific to ensure that the rule is applied and to permit meaningful review. Id. Edwards contends that the ALJ’s reasons for discounting certain treating source opinions were insufficient because, as we explained in Gayheart, an ALJ may not apply more rigorous scrutiny to a treating source’s opinion than to an examining or reviewing source’s opinion “as a means to justify giving such an opinion little weight.”

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636 F. App'x 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-commissioner-of-social-security-ca6-2016.