LaShawna Payne v. Commissioner of Social Security

402 F. App'x 109
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 18, 2010
Docket08-4706
StatusUnpublished
Cited by32 cases

This text of 402 F. App'x 109 (LaShawna Payne 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
LaShawna Payne v. Commissioner of Social Security, 402 F. App'x 109 (6th Cir. 2010).

Opinions

GRIFFIN, Circuit Judge.

Plaintiff LaShawna Payne appeals the Social Security Commissioner’s denial of her application for Social Security Disability Insurance Benefits. The administrative law judge (ALJ) found that Payne was not disabled within the meaning of the Social Security Act and therefore denied her claim for benefits. After Payne filed a complaint seeking review of the ALJ’s ruling in the district court, a magistrate judge filed a report and recommendation (R & R) to (1) reverse the denial of benefits on the ground that the ALJ’s decision was not supported by substantial evidence, and (2) remand the case to the ALJ with instructions to immediately award Payne benefits. The Commissioner filed objections to the R & R, and the district judge sustained the objections, declined to adopt the magistrate judge’s R & R, and affirmed the ALJ’s denial of benefits. Plaintiff La-Shawna Payne timely appeals. After thorough review, we affirm.

I.

Plaintiff bears the burden of proving the extent of her impairments so as to qualify [111]*111for disability benefits. Her v. Comm’r of Soc. Sec., 203 F.3d 388, 391 (6th Cir.1999); 20 C.F.R. § 404.1520(a)(4). “This court must affirm the [Commissioner of Social Security’s] conclusions unless the Commissioner failed to apply the correct legal standard or made findings of fact that are unsupported by substantial evidence.” McClanahan v. Comm’r of Soc. Sec., 474 F.3d 830, 833 (6th Cir.2006). 42 U.S.C. § 405(g) mandates: “The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.... ”

“Substantial evidence is more than a scintilla of evidence but less than a preponderance and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” McClanahan, 474 F.3d at 833 (citation omitted). In other words, the evidence “ ‘must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.’ ” LeMaster v. Sec. of Health & Human Servs., 802 F.2d 839, 840 (6th Cir.1986) (per curiam) (quoting NLRB v. Columbian Enameling & Stamping Co., 306 U.S. 292, 300, 59 S.Ct. 501, 83 L.Ed. 660 (1939)). The Commissioner’s findings may not be reversed “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.” McClanahan, 474 F.3d at 833 (citations and internal quotation marks omitted). This court reviews questions of law de novo. Id.

II.

The dissent would remand to the Commissioner for reconsideration of the weight given to the opinion of Ernesto Tan, M.D. and, if Dr. Tan’s opinion is not given controlling weight, “good reasons” for its rejection. We respectfully disagree.

First, a remand for reconsideration of the weight given Dr. Tan’s opinion is a futile and superfluous exercise because the ALJ correctly determined (expressly and implicitly) that Dr. Tan’s opinion regarding Payne’s psychological limitations is not well supported, is inconsistent with the evidence of record, and is thus not entitled to controlling weight; Payne concedes as much. The second proposed instruction concerns an issue that was not raised or argued by the parties and should therefore not be considered by this court. Even if it were considered, we disagree that the ALJ did not supply good reasons for refusing to give controlling weight to Dr. Tan’s opinion that Payne was unable to work, and we agree with the district judge that substantial evidence supports the ALJ’s denial of benefits.

Regarding the first proposed remand instruction, the ALJ stated:

The Administrative Law Judge rejects Dr. Tan’s opinion that the claimant is unable to work or sustain work activity based on the combination of her physical and mental impairments because the objective evidence and his treatment notes do not support the limitations he reported.

The ALJ’s findings thus make clear that she did not give Dr. Tan’s opinion controlling weight. Payne concedes this. See Appellant’s Br. 12 (“The ALJ and the District Judge erred in the weight give[n] to Dr. Tan[.]”); 17 (“The Administrative Law Judge and the District Judge erred in not giving Dr. Tan the most weight[.]”). A remand would merely operate as an order to reconsider and would not resolve the dispute.

Regarding the second proposed remand instruction, Payne did not raise as an issue [112]*112or argue in her appellate brief that the ALJ failed to provide good reasons under 20 C.F.R. § 404.1527(d)(2) for refusing to give controlling weight to Dr. Tan’s opinion; rather, Payne merely disagrees (in a single paragraph) with the reasons provided by the ALJ. Thus, the issue raised sua sponte by the dissent is forfeited. Moreover, as discussed below, we submit that the ALJ provided good reasons sufficient to satisfy the substantial evidence standard.

If the un-raised and un-argued issue of whether the ALJ gave “good reasons” under 20 C.F.R. § 404.1527(d)(2) for refusing to give controlling weight to Dr. Tan’s opinion is not forfeited, the applicable law is as follows: Even where a reviewing court finds that substantial evidence supports the ALJ’s decision, the agency’s regulations require the ALJ to give “good reasons” for a decision not to give controlling weight to a treating physician’s opinion. Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 545 (6th Cir.2004); 20 C.F.R. § 404.1527(d)(2). In Wilson, this court explained the purposes underlying the “good reasons” rule:

The requirement of reason-giving exists, in part, to let claimants understand the disposition of their cases, particularly in situations where a claimant knows that his physician has deemed him disabled and therefore might be especially bewildered when told by an administrative bureaucracy that she is not, unless some reason for the agency’s decision is supplied. The requirement also ensures that the ALJ applies the treating physician rule and permits meaningful review of the ALJ’s application of the rule.

Wilson, 378 F.3d at 544 (internal citations and quotation marks omitted). If the ALJ fails to give good reasons for rejecting the opinion of a treating physician, the error is reversible and requires a remand for further proceedings, unless the error is harmless. Id.

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402 F. App'x 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lashawna-payne-v-commissioner-of-social-security-ca6-2010.