Flaherty v. Halter

182 F. Supp. 2d 824, 2001 U.S. Dist. LEXIS 24423, 2001 WL 391545
CourtDistrict Court, D. Minnesota
DecidedMarch 29, 2001
DocketCIV 00-788 ADM/RLE
StatusPublished
Cited by22 cases

This text of 182 F. Supp. 2d 824 (Flaherty v. Halter) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flaherty v. Halter, 182 F. Supp. 2d 824, 2001 U.S. Dist. LEXIS 24423, 2001 WL 391545 (mnd 2001).

Opinion

MEMORANDUM OPINION AND ORDER

MONTGOMERY, District Judge.

I. INTRODUCTION

This matter is before the undersigned United States District Judge pursuant to Plaintiff Barbara J. Flaherty's Objections [Doc. No. 17] to the Report and Recommendation (“R & R”) of United States Magistrate Judge Raymond L. Erickson [Doc. No. 16]. The R & R, dated February 16, 2001, recommends that Plaintiffs Motion for Summary Judgment [Doc. No. 6] be denied and that Defendant William A. Halter’s 1 Motion for Summary Judgment [Doc. No. 13] be granted. Plaintiff objects to the R & R’s conclusion that the Administrative Law Judge’s (“ALJ”) findings are supported by the record and the applicable law. For the reasons set forth below, the R & R is adopted in its entirety.

II. BACKGROUND

The factual background for this matter is set forth extensively in the R & R and is incorporated by reference for purposes of the present objections.

III. DISCUSSION

Plaintiff Barbara J. Flaherty (“Flaherty”) objects to the R & R on two specific grounds. First, she objects to Judge Erickson’s finding that substantial evidence existed for the ALJ to accord greater weight to the opinions of Dr. Adkins, Dr. Karayusuf, and Ms. Konke than to the opinion of Todd Mulliken, Flaherty’s treating therapist. Objections at 2. Second, Flaherty objects to Judge Erickson’s conclusion that substantial evidence existed for the ALJ to discredit the credibility of Flaherty’s testimony concerning her disability. Id. at 3-4.

A. Standard of Review for R & R

A district court must make an independent, de novo evaluation of those portions of an R & R to which objection is made and may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate judge. See 28 U.S.C. § 636(b)(1)(C); Minn. LR 72.1(c)(2).

B. Standard of Review for Commissioner’s Findings

The Commissioner’s decision to deny social security benefits must be affirmed if it conforms to the law and is supported by substantial evidence on the record as a whole. See 42 U.S.C. § 405(g); see also Qualls v. Apfel, 158 F.3d 425, 427 (8th Cir.1998). On review, a court must take into consideration the weight of the evidence and determine whether or not substantial evidence in the record as a whole supports the findings upon which a plaintiffs claims were granted or denied. See Loving v. Sec’y of Health and Human Servs., 16 F.3d 967, 969 (8th Cir.1994). “Substantial evidence” is a standard deferential to the agency and the ALJ. See Ostronski v. Chater, 94 F.3d 413, 416 (8th Cir.1996). “Substantial evidence is less than a preponderance, but enough so that a reasonable mind might find it adequate to support the conclusion.” Johnson v. Apfel, 240 F.3d 1145, 1147 (8th Cir.2001). The ALJ’s decision must be upheld if there is substantial evidence supporting it, even if there is substantial evidence of the opposite decision as well. See Terrell v. Apfel, 147 F.3d 659, 661 (8th Cir.1998). Thus, *828 neither the evidence nor the factual record is reviewed de novo. Flynn v. Chafer, 107 F.3d 617, 620 (8th Cir.1997).

C. Treating Source

Flaherty argues that Judge Erickson erred in concluding that there was substantial evidence to accord greater weight to the opinion of sources other than her therapist Todd Mulliken (“Mulliken”). In general, opinions from treating sources are to be afforded greater weight than non-treating sources. 20 C.F.R. § 404.1527(d). If the treating source’s opinion on the “nature and severity” of the impairment is “well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence” in the case, it will be given “controlling weight.” Id. § 404.1527(d)(2).

The opinion of a treating physician must be afforded substantial weight, but only where the opinion comes from an “acceptable medical source.” 20 C.F.R. § 404.1527; see also, Burress v. Apfel, 141 F.3d 875, 880 (8th Cir.1998). Acceptable medical sources are listed in 20 C.F.R. § 404.1513(a) and include licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists, and qualified speech-language pathologists.

The R & R concluded that Mulliken was a therapist or counselor who is not a recognized “acceptable medical source” as established by 20 C.F.R. § 404.1513(a). R & R at 37. Flaherty did not point to any evidence indicating otherwise in her R & R objections. As a counselor and not a licensed or certified physician or psychologist, Mulliken is not an “acceptable medical source” whose testimony must be afforded substantial weight by the ALJ. See Barnett v. Apfel, 231 F.3d 687, 689 (10th Cir.2000); Hartranft v. Apfel, 181 F.3d 358, 361-62 (3d Cir.1999); Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 530 (6th Cir.1997); Diaz v. Shalala, 59 F.3d 307, 313 (2d Cir.1995); Bird v. Apfel, 43 F.Supp.2d 1286, 1291 (D.Utah 1999) (social workers cannot be “treating source” worth deference because they are not included in the list of “acceptable medical sources”); cf. Cronkhite v. Sullivan, 935 F.2d 133, 134 (8th Cir.1991) (ALJ properly gave little weight to treating chiropractor because chiropractor was not “acceptable source”). Because Mulliken was not a “treating source”, the ALJ did not err by according his opinions less weight than other sources.

Even if Mulliken qualifies as a “treating source” under 20 C.F.R. § 404.1527, the ALJ’s conclusions that other opinions should be afforded greater weight are substantiated by the record. Treating sources opinions are not “conclusive in determining disability status, and the opinion must be supported by medically acceptable clinical or diagnostic data.” Rogers v. Chater, 118 F.3d 600, 602 (8th Cir.1997) (quoting Pena v. Chater, 76 F.3d 906, 908 (8th Cir.1996)); accord 20 C.F.R. § 404.1527(d)(2).

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Bluebook (online)
182 F. Supp. 2d 824, 2001 U.S. Dist. LEXIS 24423, 2001 WL 391545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flaherty-v-halter-mnd-2001.