Owens v. Apfel
Owens v. Apfel
Opinion of the Court
Appellant Judith Owens challenges the lower court’s affirmance of the Social Security Administration’s decision to deny her disability benefits.
Owens was born on May 9, 1952. She is forty-eight years old. Owens claims she became disabled on August 2, 1994 because of degenerative disc disease, fibromyalgia, Chronic Fatigue Syndrome (“CFS”),
There are two observations harmful to Owens’ case. First, none of the treating or examining physicians set forth a residual functional capacity, nor did any of them state that she was totally disabled. Second, Owens was not seen, or even examined, by any physician between December of 1995 and April of 1997 when she testified at the administrative hearing. Indeed, all of the medical evidence since the alleged date of disability is concentrated between January 30, 1995, when Owens was examined by Dr. Cochran, and December 4, 1995, when she was last examined by Dr. Minich. This period is less than 12 months. Relevant to this action the term “disability” is defined as follows (42 U.S.C. § 423(d)(1)(A)):
Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
There is substantial evidence to support the Commissioner. Judgment shall be entered for Commissioner.
Owens v. Apfel, No. 98cv1867, Memorandum and Order, at 7-8 (N.D.Ohio August 25, 1999). Owens timely appealed on October 15, 1999.
“The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.” 42 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). “Even if that evidence could support a decision the other way,” Casey v. Secretary of Health & Human Servs., 987 F.2d 1230, 1233 (6th Cir. 1993), this court must affirm the ALJ’s decision. See id.
Owens challenges one of the magistrate’s stated reasons for affirmance as being contrary to law. Owens argues that she need not see a doctor every year to qualify for disability benefits; rather, to qualify under the statute, she must have a disability that has lasted or is expected to last for at least twelve months. See 42 U.S.C. § 423(d)(1)(A). Owens is correct that the benefits analysis is not dependent on when she went to see doctors about her condition, but rather it is dependent upon how long the impairment was expected to last. See Sierakowski v. Weinberger, 504 F.2d 831, 834-35 (6th Cir. 1974). The magistrate was incorrect to rely on this rationale as a basis for affirmance. Nevertheless, the magistrate’s error does not assist Owens in obtaining her sought-after reversal for two reasons: (1) the magistrate listed other reasons for affirming the ALJ’s decision; and (2) the magistrate’s error was harmless because the ALJ had not relied on the improper basis and the magistrate’s rationale was not a basis for reversing the otherwise proper ALJ findings. See Maziarz v. Secretary of Health & Human Services, 837 F.2d 240, 244 (6th Cir. 1987).
Sensing that the ALJ’s unfavorable credibility determination is fatal to her case, Owens next argues that the ALJ did not use the correct factors to guide his credibility inquiry. Owens correctly points out that no one denies that she
Because the ALJ’s findings are supported by substantial evidence, the lower court’s judgment is AFFIRMED.
. Chronic Fatigue Syndrome ("CFS”) is "a systemic disorder that may vary in incidence, duration, and severity. It is characterized, in part, by prolonged fatigue that lasts six months or more and that results in substantial reduction in previous levels of occupational, educational, social, or personal activities." Social Security Ruling 99-2p, "Evaluating Cases Involving Chronic Fatigue Syndrome.”
Reference
- Full Case Name
- Juduth M. OWENS v. Kenneth S. APFEL, Commissioner of Social Security
- Status
- Published