Melanie S. v. Commissioner of Social Security

District Court, E.D. Michigan·Decided June 8, 2026·No. 1:25-cv-12147·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MELANIE S., Case No. 25-cv-12147 Plaintiff, Magistrate Judge Elizabeth A. Stafford v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT (ECF NOS. 11, 12)

I. Introduction Plaintiff Melanie S. appeals the final decision of defendant Commissioner of Social Security (Commissioner), which denied her application for disability insurance benefits (DIB) and supplemental security income (SSI) under the Social Security Act. Plaintiff’s application concerns a closed period of alleged disability spanning from August 10, 2015, through July 31, 2020. ECF No. 7-2, PageID.1408. Both parties have consented to the undersigned conducting all proceedings under 28 U.S.C. § 636(c) and move for summary judgment. ECF No. 9; ECF No. 11; ECF No. 12.

After a hearing below, an administrative law judge (ALJ) found: 1. Plaintiff had the severe impairments of “degenerative disc disease of the lumbar spine with scoliosis and radiculopathy, status-post surgical fixation at L4-5; degenerative disc disease of the cervical spine with scoliosis and stenosis; and obesity.” ECF No. 7-2, PageID.1412.

2. Plaintiff had no impairments that met or medically equaled a listed impairment. Id., PageID.1415.

3. Plaintiff had the residual functional capacity (RFC) to perform light work except: “she must avoid work at unprotected heights or around dangerous moving machinery; she cannot climb ladders, ropes, or scaffolds; she can occasionally balance, stoop, kneel, crouch, crawl, and climb ramps or stairs; she can occasionally reach in all directions, push, or pull with the upper extremities; she cannot drive in the course of employment; she can have no exposure to vibration; she can frequently handle or feel bilaterally; and she can have no exposure to temperature extremes.” Id. Relying on the testimony from a vocational expert (VE), the ALJ found that there were jobs in significant numbers that plaintiff could perform, including positions as a children’s attendant, usher, and school bus monitor. Id., PageID.1423. II. Analysis A.

Under § 405(g), this Court’s review is limited to determining whether the Commissioner’s decision is supported by substantial evidence1 and conformed with proper legal standards. Gentry v. Comm’r of Soc. Sec.,

741 F.3d 708, 722 (6th Cir. 2014). Under the substantial-evidence standard, a court looks to an existing administrative record and asks whether it contains sufficient evidence to support the agency’s factual determinations. And whatever the meaning of substantial in other contexts, the threshold for such evidentiary sufficiency is not high. Substantial evidence, this Court has said, is more than a mere scintilla. It means—and means only—such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Biestek v. Berryhill, 587 U.S. 97, 102-03 (2019) (cleaned up). The substantial-evidence standard does not permit the Court to independently weigh the evidence. Hatmaker v. Comm’r of Soc. Sec., 965 F. Supp. 2d 917, 930 (E.D. Tenn. 2013) (“The Court may not reweigh the evidence and substitute its own judgment for that of the Commissioner merely because substantial evidence exists in the record to support a different conclusion.”); see also Cutlip v. Sec’y of Health & Hum. Servs., 25 F.3d 284, 286 (6th Cir.

1 Only the evidence in the record below may be considered when determining whether the ALJ’s decision is supported by substantial evidence. Bass v. McMahon, 499 F.3d 506, 513 (6th Cir. 2007). 1994) (“If the Secretary’s decision is supported by substantial evidence, it must be affirmed even if the reviewing court would decide the matter

differently, and even if substantial evidence also supports the opposite conclusion.”). Under these standards, the Court denies plaintiff’s motion and grants

the Commissioner’s. B. Plaintiff contends that the ALJ failed to adequately consider medical opinions from treating physicians Eric Kovan, D.O., and Abdulhassan

Saad, M.D. ECF No. 11, PageID.2591-2599. The “treating physician rule” requires an ALJ to give controlling weight to a treating physician’s opinions about the nature and severity of a

claimant’s condition when those opinions are well-supported by medically acceptable clinical and diagnostic evidence, and not inconsistent with other substantial evidence.2 Gentry, 741 F.3d at 723, 727-29; Rogers v. Comm’r of Soc. Sec., 486 F.3d 234, 242-43 (6th Cir. 2007). “Even when not

controlling, however, the ALJ must consider certain factors, including the

2 The Court applies the treating physician rule since plaintiff filed her disability application before March 27, 2017. See Wolfe v. Comm'r of Soc. Sec., 16-13620, 2017 WL 6627044, at *7 n.4 (E.D. Mich. Nov. 26, 2017), adopted, 2017 WL 6621538 (E.D. Mich. Dec. 28, 2017). length, frequency, nature, and extent of the treatment relationship; the supportability of the physician’s conclusions; the specialization of the

physician; and any other relevant factors,” and give appropriate weight to the opinion. Gentry, 741 F.3d at 723. In all cases, a treating physician’s opinion is entitled to great deference. Id.

An ALJ who gives less than controlling weight to a treating physician’s opinion must provide “good reasons” for doing so 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.” Rogers,

486 F.3d at 242 (quoting Social Security Ruling (SSR) 96-2p). This procedural safeguard permits “meaningful appellate review” and ensures that claimants “understand the disposition of their cases.” Id. at 242-43

(cleaned up). The Court considers the ALJ’s evaluation of Dr. Kovan’s and Dr. Saad’s medical opinions in turn. 1.

The ALJ accurately summarized Dr. Kovan’s December 2015 opinion that plaintiff’s spinal conditions, chronic pain, depression, and anxiety—as well as sedation from her medications—resulted in an inability to

concentrate and rendered her “unemployable.” ECF No. 7-2, PageID.1420 (citing ECF No. 7-1, PageID.432-433). Dr. Kovan also reported that even a sit-down job would cause significant spasm in the lumbar spine. Id. The

ALJ accorded this opinion little weight, reasoning: Although Dr. Kovan’s treatment reports reflect some significant issues with depression and anxiety, other evidence from [plaintiff’s] mental health provider shows she was generally making good progress at that time and a subsequent consultative psychological examiner found in April 2016 that she had no difficulty comprehending and carrying out simple directions, performing repetitive routine, simple tasks, or comprehending complex tasks. The statement about even a sit-down job causing significant spasm of the lumbosacral spine is also belied by evidence that she was providing childcare for her own son and babysitting 2 other young children on a regular basis during that period. Id. (cleaned up).3 Plaintiff first argues that the ALJ did not consider the required factors—namely, the length of her treatment relationship with Dr.

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