Wendy Lou Blair v. Commissioner of Social Security

430 F. App'x 426
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 14, 2011
Docket10-5104
StatusUnpublished
Cited by2 cases

This text of 430 F. App'x 426 (Wendy Lou Blair 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
Wendy Lou Blair v. Commissioner of Social Security, 430 F. App'x 426 (6th Cir. 2011).

Opinion

RALPH B. GUY, JR., Circuit Judge.

Plaintiff Wendy Lou Blair appeals pro se from the judgment affirming the decision of the Commissioner of Social Security denying her applications for social security disability and supplemental security income benefits. Blair argues that the Com *427 missioner erred by not giving proper weight to the opinions of her treating physician and nurse practitioner. The district court rejected this claim, which was argued through counsel in objections to the magistrate judge’s report and recommendation. After review of the record, we affirm.

I.

Plaintiff, born in 1967, was 34 years old on the date of alleged disability in August 2002. She is a high-school graduate, attended two years of college, and completed training as a medical assistant. Plaintiff worked previously as a hospital ward and billing clerk, and doing customer service surveys as a “mystery shopper.” Although plaintiff continued to work as a mystery shopper after the alleged onset of disability, the work during that period was part-time, from home, and resulted in earnings of less than $4,000 annually. Plaintiff testified that she stopped working completely in November 2004, although she later applied for a secretarial job for which she was not hired. Plaintiff was insured for purposes of the Social Security Act through September 30, 2005.

Plaintiff testified that she lived with her husband and three children (ages 9, 12, and 16), drove a car every day, picked up her children from the bus stop, went to church, and visited relatives and friends. Plaintiff would walk a couple of blocks at her doctor’s instructions, managed her own self care, did household chores with her son, and shopped for groceries. Although plaintiff said she used a cane at times, she did not have or use it during the hearing. Plaintiff, who was 5' 8" tall and weighed 256 pounds, claimed to be disabled due to obesity, diabetes, and fibromyalgia, and had a history of repeated surgery to repair an abdominal hernia.

Plaintiff applied for disability insurance benefits on December 23, 2004, alleging that she had been disabled since August 18, 2002. The Commissioner denied the application initially and upon reconsideration, and a hearing was conducted at plaintiffs request on March 10, 2006. The administrative law judge (ALJ) denied the application on June 28, 2006, but the Appeals Council remanded to the ALJ for further consideration on May 24, 2007. On remand, the application was consolidated with plaintiff’s separate application for supplemental security income benefits. On September 24, 2008, after a second hearing, the ALJ denied both applications.

The ALJ undertook the required sequential evaluation process and determined at the fourth of five steps that plaintiff was not disabled for purposes of the Social Security Act. See Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 543 (6th Cir.2004) (describing five-step process); 20 C.F.R. §§ 404.1520, 416.920. First, the ALJ found that plaintiff had not engaged in any substantial gainful employment since the alleged onset of disability. Second, the ALJ determined that plaintiff suffered from severe medically determinable physical impairments of obesity, insulin dependent diabetes mellitus, lupus/fibromyalgia, and had a history of repeated surgery to repair an abdominal hernia. Third, there is no dispute that plaintiffs impairments did not meet or medically equal one of the “listed” impairments. At the fourth step, the ALJ determined that plaintiff had a residual functional capacity for medium work with limitations, and concluded that plaintiff was capable of performing her past relevant work because it required only light exertion. This obviated the need to reach the fifth step of the analysis. The claimant bears the burden of proof on all except the fifth step of the analysis. Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 474 (6th Cir.2003).

*428 The Appeals Council denied plaintiffs request for review on April 14, 2009, and plaintiff, still represented by counsel, filed this action seeking review of the Commissioner’s decision pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). On October 28, 2009, the magistrate judge rejected plaintiffs claims and recommended affirmance. On December 4, 2009, the district court overruled plaintiffs objections, adopted the magistrate judge’s findings and conclusions, and affirmed the final agency decision. This pro se appeal followed.

II.

The decision of the ALJ, which became the final agency decision in this case, is reviewed under the same standard applied by the district court: namely, whether substantial evidence in the record supports the ALJ’s findings. Rogers v. Comm’r of Soc. Sec., 486 F.3d 234, 241 (6th Cir.2007). Substantial evidence is more than a scintilla, but less than a preponderance of evidence. Id.

On appeal, plaintiff reiterates her contention that the ALJ failed to give proper weight to the opinions of her treating physician concerning the severity of her impairments. The Commissioner’s regulations require that the opinion of a claimant’s treating physician be given “controlling weight” if that opinion is “ ‘well-supported by medically acceptable clinical and laboratory diagnostic techniques’ and ‘not inconsistent with the other substantial evidence in [the] case record.’ ” Wilson, 378 F.3d at 544 (citation omitted) (alteration in original); 20 C.F.R. §§ 404.1527(d)(2), 416.927(d)(2). Even if not entitled to controlling weight, the ALJ must decide how much weight to give to a treating physician’s opinions taking into account the length of the treatment relationship, frequency of examination, extent of the physician’s knowledge about the impairments, amount of relevant evidence supporting that opinion, extent to which the opinion is consistent with the record as a whole, whether or not the physician is a specialist, and any other relevant factors tending to support or contradict the opinion. 20 C.F.R. §§ 404.1527(d)(2)-(6), 416.927(d)(2)-(6). No special significance is given to an opinion on issues reserved for the Commissioner, however, including opinions about whether the claimant meets the statutory definition of disability. 20 C.F.R. §§ 404.1527(e), 416.927(e).

Here, plaintiff relied on a fibromyalgia questionnaire and residual functional capacity assessment completed by Nurse Practitioner Sharon Benson in December 2005, and later initialed by her treating physician John Kilgallin, MD, in March 2006.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
430 F. App'x 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wendy-lou-blair-v-commissioner-of-social-security-ca6-2011.