Wiser v. Commissioner of Social Security

627 F. App'x 523
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 5, 2015
DocketNo. 15-3358
StatusPublished
Cited by12 cases

This text of 627 F. App'x 523 (Wiser 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
Wiser v. Commissioner of Social Security, 627 F. App'x 523 (6th Cir. 2015).

Opinion

RALPH B. GUY, JR., Circuit Judge.

Jessica Wiser brought this action for review of the final agency decision denying her application for Supplemental Security Income (SSI) disability benefits. See 42 [524]*524U.S.C. §§ 405(g) and 1383(c)(3). Finding that the “treating physician rule” had not been properly applied, the district court reversed the Commissioner’s finding of non-disability and ordered that the case be remanded for further review under sentence four of § 405(g). Wiser argues on appeal that the case should have been remanded for an immediate award of benefits instead. Because we agree that remand for an immediate award of benefits was not appropriate in this case, the district court’s judgment is AFFIRMED.

I.

Wiser applied for SSI benefits in January 2010, at age 21, alleging disability due to bipolar disorder, attention deficit hyperactivity disorder (ADHD), post-traumatic stress disorder (PTSD) and oppositional defiant disorder (ODD) with an onset date of September 30, 2006. Her application was denied initially, on reconsideration, and following a hearing before an administrative law judge (ALJ). The ALJ employed the familiar five-step sequential evaluation process required by 20 C.F.R. § 416.920(a), and concluded that Wiser was not disabled at the time of her application. See Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 543 (6th Cir.2004) (discussing five steps). Under the five-step process, the inquiry ends if the claimant is found disabled, or not disabled, at any step. Id. The claimant bears the burden of proof through step four, and the burden shifts to the Commissioner at step five. Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 474 (6th Cir.2003).

The ALJ found that Wiser had not engaged in substantial gainful activity since the date of application (step one), and that Wiser had severe impairments consisting of asthma, bipolar disorder, ADHD,, and PTSD (step two).1 Weighing the medical source evidence and testimony from Wiser and her mother, the ALJ concluded that her mental impairments, considered singly and in combination, did not meet or medically equal a listed impairment — including either Listing 12.04 (Affective Disorders) or Listing 12.06 (Anxiety Related Disorders) (step three). See 20 C.F.R., pt. 404, subpt. P, app. 1,12.04 and 12.06 (Listing of Impairments); 20 C.F.R. §§ 416.925 and 416.926. In reaching that conclusion, the ALJ gave “little weight” to the opinion of Wiser’s treating psychiatrist Katherine Hott, M.D., because “the record does not support it.” (Page ID #48.) The ALJ also discounted the opinion of examining psychologist Dr. Mary Ann Jones, while giving more weight to the opinions of the state agency’s non-examining psychologists Drs. Karla Voyten and Frank Orosz.

Assessing her residual functional capacity (RFC), the ALJ found that Wiser had the ability to perform medium work (with some limitations due to asthma) as long as the work was low stress; did not require tasks of more than one to three steps; involved only occasional decisionmaking, changes in work setting, or coworker interaction; and required no fast-paced production work or public interaction. (Page ID # 45.) Absent any prior relevant work, the ALJ relied on the vocational expert’s testimony to conclude that, considering her RFC, age, education and work experience, Wiser was able to perform unskilled work that existed in significant numbers in the national economy (ie., hand packaging, machine packer, and warehouse worker) (steps four and five). The ALJ’s determination that Wiser was not disabled within the meaning of the Social Security Act [525]*525became the final decision of the Commissioner when the Appeals Council denied Wiser’s request for review. This action followed.

The report and recommendation issued by the magistrate judge examined Wiser’s claims of error and concluded that reversal of the non-disability finding was required because the ALJ failed to follow the “treating physician rule” in assessing the opinions of Dr. Holt. See 20 C.F.R. § 416.927(c)(2). (Page ID # 521.) Reviewing the ALJ’s reasoning, the magistrate judge concluded that substantial evidence did not support the finding that the requirements of Listing 12.04 had not been met and that remand for an immediate award of benefits was warranted. (Page ID # 524.) The Commissioner objected to the report and recommendation, and Wiser responded.

The district court reviewed the record de novo, entered an order overruling' in part but sustaining in part the Commissioner’s objections, and vacated the ALJ’s finding of non-disability because, as the magistrate judge determined, “the ALJ did not apply the correct legal criteria.” (Page ID #541.) However, the district court concluded that remand for an immediate award of benefits was not appropriate because essential factual issues concerning the severity of Wiser’s impairments had not been resolved. (Page ID #541-42.) Judgment was entered accordingly, and Wiser filed this timely appeal.

II.

The Commissioner determines whether a claimant is disabled within the meaning of the Social Security Act, 42 U.S.C. § 405(h), 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)). A reviewing court will affirm a decision that is based on substantial evidence, “even if there is substantial evidence in the record that would have supported an opposite conclusion.” Blakley v. Comm’r of Soc. Sec., 581 F.3d 399, 406 (6th Cir.2009) (citation omitted). The district court’s conclusions on these issues are reviewed de novo. Id.

There is no question, as the Commissioner apparently now concedes, that reversal is required because the ALJ failed to comply with the “treating physician rule” in determining the weight to be given to the opinions of Dr. Hott. The regulations require an ALJ to give a treating source’s opinion concerning the nature and severity of a claimant’s impairments “controlling weight” if 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. § 416.927(c)(2); see also 20 C.F.R.

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627 F. App'x 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiser-v-commissioner-of-social-security-ca6-2015.