Dillan Lucus Keeney v. Commissioner of Social Security

Summary

This document contains findings and recommendations in a Social Security disability benefits action brought by Dillan Lucus Keeney against the Commissioner of Social Security. The magistrate judge recommends denying Plaintiff's motion for summary judgment, affirming the Commissioner's decision, and directing entry of judgment for the Commissioner. The analysis addresses the ALJ's evaluation of medical opinions, residual functional capacity, subjective complaints, and the materiality of Plaintiff's substance use disorder.

Holdings

1. The ALJ reasonably discounted Dr. Portnoff's marked limitations because they were unsupported by his own examination findings and inconsistent with the longitudinal treatment record, while accepting the limitation to simple, repetitive tasks.
2. The ALJ reasonably accepted the moderate limitations in Dr. Arnold's opinion but rejected the marked limitation concerning completion of a normal workday or workweek without psychiatric interruptions.
3. Plaintiff waived his challenge to the ALJ's evaluation of subjective complaints by failing to identify specific testimony, findings, or harmful error; alternatively, the challenge failed because the RFC reasonably accounted for the supported limitations.
4. The ALJ properly determined that plaintiff's substance use disorder was a contributing factor material to the disability determination because plaintiff would not be disabled absent that disorder.

Questions Presented

1. Whether the ALJ properly evaluated the medical opinions of Dr. Portnoff and Dr. Arnold under the applicable supportability and consistency factors.
2. Whether the ALJ's residual functional capacity determination was supported by substantial evidence.
3. Whether plaintiff waived, or alternatively failed on the merits, his challenge to the ALJ's evaluation of his subjective symptom testimony.
4. Whether the ALJ properly determined under 20 C.F.R. § 416.935 that plaintiff's substance use disorder was a material contributing factor to disability.

Disposition

affirmed