Summary
The United States District Court for the Eastern District of Tennessee reviewed the denial of Joseph Pierce’s application for Social Security disability insurance benefits. The court held that the administrative law judge’s step-three and residual functional capacity findings were supported by substantial evidence, denied the plaintiff’s request for relief, granted the Commissioner’s request, and affirmed the decision.
Holdings
- The ALJ did not err by failing to discuss Listing 2.07 because Pierce did not identify evidence demonstrating every requirement of that listing, particularly vestibular or caloric testing showing disturbed function of the vestibular labyrinth.
- The ALJ's residual functional capacity assessment was supported by substantial evidence and adequately accounted for Pierce's reported dizziness, balance problems, hearing loss, and headaches.
Questions Presented
- Whether the ALJ erred by failing to specifically evaluate Listing 2.07, concerning disturbance of labyrinthine-vestibular function.
- Whether substantial evidence supported the ALJ's residual functional capacity assessment despite Pierce's claimed vertigo, dizziness, hearing loss, nausea, tinnitus, fatigue, and headaches.
Disposition
affirmed
Cases Cited (23)
- Abbot v. Sullivan, 905 F.2d 918, 923 (6th Cir. 1990)(followed)
- Skinner v. Sec'y of Health & Human Servs., 902 F.2d 447, 449-50 (6th Cir. 1990)(followed)
- Richardson v. Sec'y of Health and Human Servs., 735 F.2d 962, 964 (6th Cir. 1984)(followed)
- Noe v. Weinberger, 512 F.2d 588, 595 (6th Cir. 1975)(followed)
- Richardson v. Perales, 402 U.S. 389, 401 (1971)(followed)
- Landsaw v. Sec'y of Health and Human Servs., 803 F.2d 211, 213 (6th Cir. 1986)(followed)
- Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019)(followed)
- Ross v. Richardson, 440 F.2d 690, 691 (6th Cir. 1971)(followed)
- Felisky v. Bowen, 35 F.3d 1027, 1035 (6th Cir. 1994)(followed)
- Mullen v. Bowen, 800 F.2d 535, 548 (6th Cir. 1986)(followed)
Showing top 10 of 23.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…