Brian B. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Ohio reviewed the Commissioner of Social Security’s denial of Brian B.’s applications for Disability Insurance Benefits and Supplemental Security Income under 42 U.S.C. § 405(g). The court overruled the plaintiff’s arguments concerning Listing 5.08, the residual functional capacity findings, and evaluation of a treatment provider’s opinion, and affirmed the Commissioner’s decision.

Holdings

1. The ALJ properly determined that Plaintiff did not meet Listing 5.08 because he failed to establish that a digestive disorder caused his weight loss and failed to establish adherence to prescribed treatment, even though some of his BMI measurements may have satisfied the BMI-duration criterion.
2. The ALJ did not err by declining to further investigate whether IBS-related diarrhea caused Plaintiff's weight loss.
3. The ALJ's RFC determination and finding that Plaintiff could perform his past relevant work as a material handler were supported by substantial evidence.
4. The ALJ's alternative finding that Plaintiff could perform other jobs existing in significant numbers in the national economy was supported by substantial evidence.
5. The ALJ properly evaluated Dr. Tran's opinion for supportability and consistency and reasonably found it unpersuasive.

Questions Presented

1. Whether the ALJ erred at Step Three by failing to find that Plaintiff's weight loss met or medically equaled Listing 5.08.
2. Whether the ALJ's residual functional capacity determination and Step Four finding that Plaintiff could perform his past relevant work were supported by substantial evidence.
3. Whether the ALJ's alternative Step Five finding that Plaintiff could perform other work in the national economy was supported by substantial evidence.
4. Whether the ALJ properly evaluated Dr. Huong-Thao Thy Tran's medical opinion for supportability and consistency under 20 C.F.R. §§ 404.1520c and 416.920c.

Disposition

affirmed