Franklin v. Commissioner of the Social Security Administration

Background

Michael W. Franklin sought judicial review of the Social Security Administration’s denial of his application for disability insurance benefits. He alleged disability beginning June 13, 2014, based primarily on problems involving his right shoulder, back, knees, and neck. An Administrative Law Judge (ALJ) denied the claim on June 6, 2018, and the Appeals Council declined review on February 19, 2019. Franklin then filed this case.

Franklin asked the court to remand the matter for additional administrative proceedings. The Commissioner moved for judgment on the pleadings, meaning a decision based on the parties’ written submissions and the administrative record.

The ALJ’s decision

The ALJ found that Franklin had severe impairments involving his upper right extremity, back, and both knees, but that none met or equaled an impairment listed in the Social Security regulations. The ALJ found that Franklin could perform sedentary-to-light work with significant restrictions on his dominant right arm: he could lift or carry up to two pounds with that arm, could lift or carry up to 10 pounds with his left arm, could only occasionally reach, handle, and finger with the right arm, and could not use it above chest height.

The ALJ found that Franklin could not return to his construction work but could perform other jobs existing in significant numbers in the national economy, including host or hostess, usher, and counter clerk. The ALJ therefore found that Franklin was not disabled under the Social Security Act.

Franklin’s arguments

Franklin argued that the ALJ’s residual functional capacity assessment—the finding about the work activities he could still perform—was not supported by substantial evidence. He challenged the stated sitting, standing, and walking abilities and argued that the ALJ relied too heavily on the opinion of Dr. Dinovitser, who examined him once. Franklin also argued that the ALJ improperly evaluated his back, knee, and pain complaints; failed to obtain an additional medical assessment; and relied on vocational-expert testimony that did not match the physical demands of the identified jobs.

Court’s analysis

The court explained that its review was limited to deciding whether the Commissioner applied the correct legal standard and whether substantial evidence supported the decision. Substantial evidence means relevant evidence that a reasonable person could accept as adequate to support a conclusion. The court was not deciding the disability question anew.

The court concluded that the ALJ reasonably relied on the medical evidence concerning Franklin’s knees and back. The record showed, among other things, normal or essentially normal examinations, some improvement in knee pain, and no medical opinion stating that those impairments prevented all work. The court also found that Dr. Dinovitser’s examination and opinion were detailed and consistent with other evidence, particularly concerning the right shoulder and the absence of restrictions on standing and walking.

The court held that the ALJ properly considered the workers’ compensation opinions. Those opinions addressed different legal standards and primarily concerned Franklin’s shoulder. The court also found no violation of the treating-physician rule because Dr. Uhorchak did not provide a Social Security disability opinion, and the opinion he did provide was prepared for workers’ compensation purposes.

The court determined that the record was complete and contained no obvious gaps requiring further development. It also rejected Franklin’s challenge to the vocational-expert testimony. Although the record was not perfectly clear about one job title, the court found no basis for remand and concluded that the vocational expert explained that she relied on her experience in addressing the remaining job requirements and Franklin’s right-arm restrictions.

Disposition

The court granted the Commissioner’s motion for judgment on the pleadings and denied Franklin’s motion for remand. It directed the Clerk to enter judgment and close the case.