Summary
A United States magistrate judge issued a Report and Recommendation in a Social Security disability action reviewing the Commissioner’s denial of the plaintiff’s application for disability insurance benefits. The court concluded that the administrative law judge properly evaluated the plaintiff’s subjective symptoms and that the decision was supported by substantial evidence. The Report and Recommendation recommends overruling the plaintiff’s Statement of Errors and affirming the Commissioner’s decision.
Holdings
- The ALJ did not reversibly err in finding that Plaintiff's allegations of disabling symptoms were not entirely consistent with the record evidence. The ALJ adequately considered physical examinations, imaging, medical opinions, treatment response, medication compliance, treatment history, and Plaintiff's reported ability to care for herself.
- The issue was forfeited because Plaintiff mentioned it only perfunctorily and failed to develop an argument explaining why the ALJ erred.
Questions Presented
- Whether the ALJ reversibly erred in evaluating the intensity, persistence, and limiting effects of Plaintiff's subjective symptoms.
- Whether the ALJ's failure to find myofascial pain syndrome to be a severe impairment required reversal, where Plaintiff did not develop that argument.
Disposition
other
Cases Cited (23)
- McPherson v. Kelsey, 125 F.3d 989, 996-96 (6th Cir. 1997)(followed)
- Hollon v. Comm'r of Soc. Sec., 447 F.3d 477, 490-91 (6th Cir. 2006)(followed)
- Colvin v. Barnhart, 475 F.3d 727, 730 (6th Cir. 2007)(followed)
- Henley v. Astrue, 573 F.3d 263, 264 (6th Cir. 2009)(followed)
- Foster v. Halter, 279 F.3d 348, 354 (6th Cir. 2001)(followed)
- DeLong v. Comm'r of Soc. Sec., 748 F.3d 723, 726 (6th Cir. 2014)(followed)
- Moats v. Comm'r of Soc. Sec., Moats v. Comm'r of Soc. Sec., 42 F.4th 558, 561 (6th Cir. 2022)(followed)
- Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019)(followed)
- Golden Living Ctr.-Frankfort v. Sec'y of Health & Hum. Servs., 656 F.3d 421, 425 (6th Cir. 2011)(followed)
- Universal Camera Corp. v. NLRB, 340 U.S. 474, 487 (1951)(followed)
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Cited In (0)
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Court Document
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