Opinions and documents
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:25-CV-00669-RSE
MICHAEL G. PLAINTIFF
VS.
FRANK BISIGNANO,
Commissioner of Social Security DEFENDANT
MEMORANDUM OPINION
AND ORDER
The Commissioner of Social Security denied Claimant Michael G.’s (“Claimant’s”)
application for disability insurance benefits. Claimant seeks judicial review of the Commissioner’s
denial pursuant to 42 U.S.C. § 405(g). (DN 1). Claimant filed a Fact and Law Summary and Brief.
(DN 14; DN 15). The Commissioner filed a responsive Fact and Law Summary (DN 16). And
Plaintiff filed a Reply brief. (DN 17).
The Parties have consented, under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, to the
undersigned United States Magistrate Judge conducting all further proceedings in this case,
including issuance of a memorandum opinion and entry of judgment, with direct review by the
Sixth Circuit Court of Appeals in the event an appeal is filed. (DN 10; DN 11).
I. Background
Michael G. (“Claimant”) applied for disability insurance benefits under Title II of the
Social Security Act on April 3, 2024, alleging disability beginning on September 22, 2023.
(Transcript, hereinafter, “Tr.” 167-73). He alleged disability based on the following impairments:
panic disorder, anxiety, irritable bowel syndrome, ankle injury, restless legs, flat feet, high blood
pressure, high cholesterol, degenerative disc disease, and GERD. (Tr. 216). Claimant’s application
was denied at the initial review level on June 14, 2024 (Tr. 99-102) and again at the reconsideration
review level on August 5, 2024 (Tr. 105-07).
At Claimant’s request (Tr. 110-11), Administrative Law Judge Susan Brock conducted a
remote administrative hearing on December 4, 2024. (Tr. 42-72). Claimant appeared by phone
with his attorney. (Id.). An impartial vocational expert also participated. (Id.). Claimant provided
the following relevant testimony during his hearing.
Claimant lives with his wife and three children and is able to drive a car. (Tr. 48). He last
worked in September of 2023 as a training specialist for the Army. (Tr. 48-50). He is retired from
the military and receives 100% Veterans Affairs disability, 70% of which is for neurosis,
generalized anxiety disorder. (Tr. 49, 63). According to Claimant, he cannot sustain full-time work
due to the combination of his irritable bowel syndrome (IBS) and anxiety. (Tr. 46-47, 51). Had he
worked for another year and eight months, he could have earned Department of Army civilian
retirement with “great financial benefit.” (Tr. 64-65).
His IBS began several years ago and causes gas, frequent bathroom trips, and knots/bubbles
in his stomach. (Tr. 52-53). When he was teaching, he would need to take bathroom breaks at least
six times a day. (Tr. 54-55). He has only talked to one or two doctors about these issues because
he is embarrassed. (Tr. 56).
His anxiety started around 2010. (Tr. 51). He reports having a racing heart and suffering
crippling panic attacks. (Tr. 51). He has visited the emergency room several times with these
symptoms. (Tr. 61-62). Since he quit working and started medication, his panic attacks have
improved. (Tr. 56-57). The medication, however, can give him a “foggy brain” and he does not
feel as mentally sharp as he used to. (Tr. 57). Claimant minimizes his time outside of the house to
avoid big crowds and loud noises but attends some of his kids’ school activities. (Id.). He
complains of difficulty with memory but notes he has a routine with taking his medicine in the
morning and afternoon and has only missed one doctor’s appointment when he put it in the
calendar incorrectly. (Tr. 58). His stress levels are unpredictable; sometimes he reacts to big things
calmly or gets “pretty stressed” about little things. (Id.).
Although he “lack[s] motivation to do anything meaningful,” Claimant can help with
household chores on good days and groom himself. (Tr. 59). His hobbies have also shifted. He
used to love running, hiking, and archery. (Tr. 59-60). Now, he watches a lot of TV, tries to read,
and listens to podcasts. (Id.). His former hobbies are too painful or “too much trouble now.” (Tr.
60).
After considering Claimant’s testimony and the medical records submitted, ALJ Brock
issued an unfavorable decision on March 11, 2025. (Tr. 25-37). She applied the five-step sequential
analysis for evaluating adult disability claims from 20 C.F.R. § 404.1520 and found as follows.
First, Claimant has not engaged in substantial gainful activity since September 22, 2023, his
alleged onset date. (Tr. 27). Second, Claimant has the following severe impairments: degenerative
disc disease, osteoarthritis, post-traumatic stress disorder, anxiety, and panic attacks. (Tr. 28-29).
Third, Claimant does not have an impairment or combination of impairments that meets or
medically equals the severity of one of the listed impairments in 20 C.F.R. Pt. 404, Subpt. P, App’x
1. (Tr. 29-31).
At Step Four, ALJ Brock found Claimant has the residual functional capacity to perform
“medium work” as defined in 20 CFR 404.1567(c) but with the following limitations:
[Claimant can] frequently climb ramps and stairs; occasionally climb ladders,
ropes, and scaffolds; frequently stoop, kneel, crouch, and crawl; occasional
exposure to unprotected heights; can understand, remember, and carry out simple
and detailed instructions; can sustain concentration in two hour segments for simple
and detailed tasks; can tolerate frequent interaction with co-workers, supervisors,
and the general public; and can tolerate routine changes in the workplace.
(Tr. 31-35). Additionally at Step Four, ALJ Brock found Claimant cannot perform his past relevant
work. (Tr. 35). Fifth and finally, considering Claimant’s age, education, work experience, and
RFC, ALJ Brock found there are jobs that exist in significant numbers in the national economy
that Claimant can perform. (Tr. 36). ALJ Brock concluded that Claimant was not under a disability,
as defined in the Social Security Act, from September 22, 2023, through the date of the decision.
(Tr. 37).
Claimant administratively appealed ALJ Brock’s denial (Tr. 161-62), but the Appeals
Council declined review (Tr. 16-18). At that point, ALJ Brock’s denial became the final decision
of the Commissioner, and Claimant sought judicial review from this Court pursuant to § 405(g).
(DN 1).
II. Standard of Review
Administrative Law Judges make determinations as to social security disability by
undertaking the five-step sequential evaluation process mandated by the regulations. Vance v.
Comm’r of Soc. Sec., 260 F. App’x 801, 803-04 (6th Cir. 2008) (citing Abbott v. Sullivan, 905 F.2d
918, 923 (6th Cir. 1990)); 20 C.F.R. §§ 404.1520(b), 416.920(b). Throughout this process, the
claimant bears the overall burden of establishing they are disabled; however, the Commissioner
bears the burden of establishing the claimant can perform other work existing in significant
numbers in the national economy. Id. at 804 (quoting Wilson v. Comm’r of Soc. Sec., 378 F.3d
541, 548 (6th Cir. 2004)).
When reviewing the Administrative Law Judge’s decision to deny disability benefits, the
Court may “not try the case de novo, nor resolve conflicts in the evidence, nor decide questions of
credibility.” Cutlip v. Sec’y of Health & Human Servs., 25 F.3d 284, 286 (6th Cir. 1994) (citations
omitted). Instead, the Court’s review of the Administrative Law Judge’s decision is limited to an
inquiry as to whether the Administrative Law Judge’s findings were supported by substantial
evidence, 42 U.S.C. § 405(g); Foster v. Halter, 279 F.3d 348, 353 (6th Cir. 2001) (citations
omitted), and whether the Administrative Law Judge employed the proper legal standards in
reaching his conclusion. See Landsaw v. Sec’y of Health & Human Servs., 803 F.2d 211, 213 (6th
Cir. 1986). Substantial evidence exists “when a reasonable mind could accept the evidence as
adequate to support the challenged conclusion, even if that evidence could support a decision the
other way.” Cotton v. Sullivan, 2 F.3d 692, 695 (6th Cir. 1993). The Supreme Court has clarified
“whatever the meaning of ‘substantial’ in other contexts, the threshold for such evidentiary
sufficiency is not high[.]” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (citations omitted).
III. Analysis
Claimant makes two challenges that involve ALJ Brock’s Step Four RFC determination.
A. ALJ Brock’s incorporation of mental limitations from Step Three to Step Four
Claimant first alleges that ALJ Brock failed to incorporate two mental limitations she found
at Step Three into her RFC analysis at Step Four. (DN 15, at PageID # 816-22). At Step Three, in
analyzing whether Claimant’s mental impairments met or equaled a listed impairment, ALJ Brock
considered the four broad functional areas known as the “Paragraph B” criteria. For two of these
functional areas, understanding, remembering, or applying information and concentrating,
persisting, or maintaining pace, ALJ Brock found Claimant had “mild limitation.” (Tr. 30). For
the remaining two functional areas, interacting with others and adapting or managing oneself, ALJ
Brock determined Claimant had “moderate limitation.” (Id.). As to Claimant’s “moderate
limitation” in interacting with others, ALJ Brock discussed Claimant’s allegations of not getting
along with others and his episodes of being irritable but also noted Claimant’s use of breathing
techniques and positive self-talk, as well as his cooperative and normal behavior at exams. (Id.).
As to Claimant’s “moderate limitation” in adapting and managing himself, ALJ Brock discussed
Claimant’s reports of anxiety, depression, intrusive memories, difficulty sleeping, and panic
attacks. (Id.). Despite these reports, ALJ Brock considered Claimant repeatedly appearing in no
acute distress, having normal mood and affect, driving a car, shopping in stores, using a computer,
and having normal insight and judgment. (Id.).
Then, in the RFC, ALJ Brock considered Claimant’s subjective function reports and
testimony, the objective medical records, and the medical opinions of record and added four mental
limitations: that Claimant could (1) understand, remember, and carry out simple and detailed
instructions; (2) sustain concentration in two-hour segments for simple and detailed tasks; (3)
tolerate frequent interaction with co-workers, supervisors, and the public; and (4) tolerate routine
changes in the workplace. (Tr. 31).
Claimant does not dispute ALJ Brock’s “Paragraph B” conclusions at Step Three to the
extent that Claimant cannot meet the requirements of a listed impairment. (DN 15, at PageID #
817). But he argues that some limitations in ALJ Brock’s RFC are inconsistent with her findings
at Step Three and that ALJ Brock failed to provide a reasonable explanation for the inconsistencies.
(Id., at PageID # 817). Specifically, Claimant urges that ALJ Brock’s Step Three finding that
Claimant was moderately limited in interacting with others is inconsistent with her RFC restriction
that he can tolerate frequent interaction with co-workers, supervisors, and the public. Likewise,
Claimant insists ALJ Brock’s Step Three finding that Claimant was moderately limited in adapting
and managing himself is inconsistent with her RFC limitation that Claimant can tolerate routine
changes in the workplace. (Id. at PageID # 818). These “slight” RFC restrictions, according to
Claimant, would only make sense if ALJ Brock had found he was mildly limited in those domains
at Step Three. (Id.).
The Commissioner responds that no error results from the alleged “inconsistency” because
ALJs evaluate “moderate limitations” on a case-by-case basis. (DN 16, at PageID # 834 (citing
Bohn-Morton v. Comm’r of Soc. Sec., 389 F. Supp. 2d 804, 807 (E.D. Mich. 2005))). As to the
RFC restriction that Claimant can tolerate frequent interaction with co-workers, supervisors, and
the public, the Commissioner says Claimant has pointed to no evidence showing greater limitation
is warranted. (Id.). And although Claimant points to his hearing testimony regarding his alleged
social difficulties, the Commissioner emphasizes that he makes no challenge to ALJ Brock’s
evaluation of his subjective complaints in the RFC. (Id.). The Commissioner concludes that since
ALJs are not required to accept a claimant’s subjective complaints as support for a more restrictive
RFC, the ALJ’s decision should be affirmed.
In reply, Claimant clarifies that an ALJ assessing evidence on a case-by-case basis does
not give them license “to make illogical RFC findings that do not correspond to the rest of [the]
decision.” (DN 17, at PageID # 841).
Nothing in the regulations requires an ALJ to adopt verbatim their Step Three limitations
in the subsequent RFC assessment. Travis T. v. Bisignano, No. 3:25-CV-00138-RSE, 2025 WL
3281431, at *4 (W.D. Ky. Nov. 25, 2025). That is because Step Three and the RFC serve different
functions. Step Three regulates a “narrow category of adjudicatory conduct.” Combs v. Comm'r of
Soc. Sec., 459 F.3d 640, 649 (6th Cir. 2006) (en banc). It “governs the organization and evaluation
of proof of listed impairments that, if supported, renders entitlement to benefits a foregone
conclusion.” Id. The RFC is a subsequent determination distinct from Step Three. See Turbeville
v. Colvin, No. 1:12-CV-00061, 2014 WL 6605483, at *10 (M.D. Tenn. Nov. 19, 2014) (“[Step 3
and the RFC] are separate steps and a finding at one step does not necessarily equate to the same
finding being made at a later step.”). The RFC “requires a more detailed assessment by itemizing
the various functions contained in the broad categories found in Paragraphs B and C.” SSR 96-8p,
1996 WL 374184, at *4. ALJ Brock’s decision recognized this distinction, noting that her
assessment of the Paragraph B criteria at Step Three was “not a residual functional capacity
assessment” and that “the mental residual functional capacity assessment used at steps 4 and 5 of
the sequential evaluation process requires a more detailed assessment of the areas of mental
functioning.” (Tr. 31).
It follows that an ALJ’s determination that a claimant has moderate limitations in the
Paragraph B criteria at Step Three does not necessarily correlate to identical limitations in the RFC.
Travis T., 2025 WL 3281431, at *4 (citing Thorpe v. Comm’r of Soc. Sec., No. 4:23-CV-2-CEA-
DCP, 2023 WL 8705497, at *9 (E.D. Tenn. Nov. 20, 2023) (“[T]he ALJ is not required to provide
specific RFC accommodations for limitations in the paragraph B criteria.”); Pinkard v. Comm'r of
Soc. Sec. Admin., No. 1:13CV1339, 2014 WL 3389206, at *10 (N.D. Ohio July 9, 2014) (finding
that “the ALJ does not have to include paragraph B finding in his RFC finding” and concluding
that “the ALJ was correct in finding that Plaintiff had moderate limitations in evaluating her mental
impairment under the listings at step three of the sequential evaluation process, and in not including
a ‘moderate limitation in concentration, persistence, and pace’ in his residual functional capacity
finding at steps four and five”)).
ALJ Brock was not required to incorporate her “moderate” Paragraph B limitations as to
Claimant’s ability to interact with others and adapt and manage himself into the RFC. Instead, ALJ
Brock was required to consider the effect of Claimant’s moderate limitations in interacting with
others and adapting and managing himself in the mental limitations adopted in the RFC. The Court
finds she did.
ALJ Brock evaluated both subjective and objective evidence relating to Claimant’s ability
to interact with others and adapt and manage himself in the RFC. She discussed Claimant’s
function reports noting his irritability and difficulty with others and not wanting to be around
people, as well as his hearing testimony that he “tries to avoid people.” (Tr. 31-32). ALJ Brock
further discussed Claimant’s use of breathing techniques and positive self-talk, as well as using
medication, which he reported was working well, and attending therapy. (Tr. 32-33). Moreover,
ALJ Brock considered that Claimant appeared at medical visits with normal mood and affect,
normal insight and judgment, and that “[d]espite his reported difficulties interacting with others,
he was cooperative and had normal behavior.” (Tr. 33). Considering Claimant’s reported activities,
ALJ Brock highlighted him being able to drive a car, shop in stores, use a computer, pay bills, and
count change. (Tr. 33). After evaluating this evidence, ALJ Brock concluded: “[g]iven his reported
mental health symptoms, his panic, the reported irritability and difficulty interacting with others,
and the exported difficulties at the hearing, . . . [Claimant] can tolerate frequent interaction with
co-workers, supervisors, and the general public; irritability/panic around others in public, and can
tolerate routine changes in the workplace.” (Tr. 33).
This analysis provides an accurate and logical roadmap between the evidence and ALJ
Brock’s conclusions. Recognizing Claimant had some limitation in interacting with others, she
limited him to frequent interaction in the RFC but found greater limitations were not supported by
the record. And recognizing that Claimant had some limitation in adapting and managing himself,
ALJ Brock limited him to tolerating routine changes in the workplace in the RFC but found no
greater limitation was supported by the record. These determinations are supported by substantial
evidence, and the Court finds no error.
Claimant additionally alleges that ALJ Brock’s Paragraph B analysis of his interactive
difficulties ignores much of his testimony and inappropriately reasoned that his interactive
limitations were not even more severe because he was cooperative and had normal behavior at
most exams. (Id. at PageID # 819-20 (citing Tr. 30)). In response, the Commissioner states that
Claimant has provided no authority that an ALJ cannot rely on a claimant’s behavior at
examinations as part of “all relevant evidence in the case record.” (DN 16, at PageID # 834-35).
Claimant replies that no logical connection exists between his ability to interact properly at brief
and infrequent doctor’s appointments and a moderately impaired capacity to interact frequently in
a full-time work setting. (DN 17, at PageID # 842).
As previously stated, in considering Claimant’s ability to interact with others at Step Three,
ALJ Brock noted that Claimant alleged limitations with getting along with others and experienced
episodes of being irritable. (Tr. 30). However, ALJ Brock also noted Claimant’s ability to use
breathing techniques and positive self-talk, as well as his cooperative and normal behavior at most
exams. (Id.). In weighing this evidence, ALJ Brock determined Claimant had moderate limitation
in interacting with others. No error stems from this analysis. ALJ Brock did not solely discount
evidence of Claimant’s social impairment based on his appearance at medical exams, as Claimant
would have us believe. Instead, ALJ Brock considered evidence that both supported and
undermined his level of limitation to reach his conclusion.
Nor does the Court find ALJ Brock prejudicially ignored Claimant’s testimony regarding
his interaction with others. It is well established that ALJs “need not discuss every piece of
evidence in the record for the [ALJ’s] decision to stand.” Thacker v. Comm’r of Soc. Sec., 99 F.
App’x 661, 665 (6th Cir. 2004); see also Loral Def. Sys.-Akron v. NLRB, 200 F.3d 436, 453 (6th
Cir. 1999) (“An ALJ can consider all the evidence without directly addressing in his written
decision every piece of evidence submitted by a party.”). And looking beyond Step Three, ALJ
Brock thoroughly considered Claimant’s testimony in evaluating the RFC. See Forrest v. Comm’r
of Soc. Sec., 591 F. App’x 359, 366 (6th Cir. 2014) (finding no error in Step Three analysis where
ALJ “made sufficient factual findings elsewhere in the record to support his conclusion at step
three.”).
Lastly, Claimant argues ALJ Brock failed to consider how his IBS symptoms impacted his
mental condition, specifically through his embarrassment and tendencies to self-isolate, which
speak to his interactive difficulties. (DN 15, at PageID # 820). Because ALJs are required to
consider both a Claimant’s severe and non-severe impairments from Step Three in the RFC,
Claimant argues ALJ Brock’s failure to consider IBS in the RFC constitutes reversible error. (Id.
at PageID # 820-21). The Commissioner counters that Claimant has cited no evidence to support
his IBS exacerbating his ability to interact with others and does not identify any specific restriction
that should have been included in the RFC. (DN 16, at PageID # 835).
Contrary to Claimant’s position, ALJ Brock considered both subjective and objective
evidence of Claimant’s IBS in the RFC assessment. She noted Claimant’s testimony regarding his
IBS “kick[ing] in” and resulting in long bathroom breaks, embarrassment over whether he had an
odor, needing special wipes, and suppositories. (Tr. 32). ALJ Brock later indicated that despite
Claimant’s reported difficulties of using the restroom frequently, “the record does not show any
specialist care or even discussion of it in the records.” (Tr. 33). ALJ Brock also noted that Claimant
reported having no gastrointestinal issues at several exams. (Id. (citing Ex 4F, pp. 90, 105, 102,
138)). ALJ Brock, therefore, discussed the evidence relating to Claimant’s IBS, or lack thereof,
and appropriately considered both his severe and non-severe impairments in the RFC. Likewise,
Claimant fails to cite any evidence or demonstrate how additional consideration of his IBS requires
further limitation on his ability to interact in the workplace in the RFC. No error results.
B. ALJ Brock’s evaluation of State agency psychologist Dr. Sinkhorn’s administrative
findings
Next, Claimant asserts ALJ Brock failed to properly articulate her assessment of State
agency psychologist Dr. Sinkhorn’s prior administrative findings. (DN 15, at PageID # 822-29).
Claimant argues it was error for ALJ Brock to find Dr. Sinkhorn’s assessment to be “partially
persuasive,” but then fail to adopt the limitations Dr. Sinkhorn assessed in the RFC. (Id.).
In formulating a claimant’s RFC, the ALJ must evaluate the persuasiveness of the medical
opinions in the record. 20 C.F.R. §§ 404.1520c, 404.1529(a). The regulations specify that an ALJ
will not give any specific evidentiary weight to any medical opinion. Id. ALJs instead evaluate the
“persuasiveness” of medical opinions using five factors: (1) supportability; (2) consistency; (3)
relationship to the claimant; (4) specialization; and (5) other factors. § 404.1520c(c)(1)-(5). Of
these factors, supportability and consistency are the most important. Id. at (a), (b)(2). The
regulations, accordingly, require ALJs to explain how they considered the supportability and
consistency factors in their determination, which is known as the “articulation requirement.” Id. at
(b)(2). Comparatively, ALJs “may, but are not required to, explain” their consideration of factors
(3)-(5). Id.
In assessing a medical opinion’s “supportability,” “[t]he more relevant the objective
medical evidence and supporting explanations presented by a medical source are to support his or
her medical opinion(s) . . . the more persuasive the medical opinions . . . will be.” 20 C.F.R. §
404.1520c(c)(1). And the “consistency” factor denotes the extent to which the medical opinion is
“consistent . . . with the evidence from other medical sources and nonmedical sources in the
claim[.]” Id. at (c)(2). To further illuminate this distinction, “supportability” relates to the objective
medical evidence and supporting explanation provided by a medical source to bolster their own
opinion; by contrast, “consistency” relates to the relationship of a medical source’s opinion to
other medical opinions and evidence of record. 20 C.F.R. § 416.920c(c)(1)-(2).
The Sixth Circuit has not defined a specific standard to determine whether an ALJ
sufficiently complied with the “articulation requirement.” However, courts in this Circuit have
applied the requirement literally. See, e.g., Hardy v. Comm’r of Soc. Sec., 554 F. Supp. 3d 900,
909 (E.D. Mich. Aug. 13, 2021) (“The administrative adjudicator has the obligation in the first
instance to show his or her work, i.e., to explain in detail how the factors actually were applied in
each case, to each medical source. Resorting to boilerplate language to support a finding of
unpersuasiveness does not satisfy that obligation.”) (emphasis in original); White v. Comm’r of
Soc. Sec., No. 1:20-CV-00588-JDG, 2021 WL 858662, at *21 (N.D. Ohio Mar. 8,
2021) (“Although the new standards are less stringent in their requirements for the treatment of
medical opinions, they still require that the ALJ provide a coherent explanation of [her]
reasoning.”); Lester v. Saul, No. 5:20-CV-01364, 2020 WL 8093313, at *14 (N.D. Ohio Dec. 11,
2020), report and recommendation adopted sub nom. Lester v. Comm’r of Soc. Sec., No. 5:20-
CV-1364, 2021 WL 119287 (N.D. Ohio Jan. 13, 2021) (finding that “the [new] regulations do
require that the ALJ clearly explain his consideration of the opinions and identify the evidence
supporting his conclusions”).
Dr. Sinkhorn assessed the evidence at the Agency’s initial stage of review and submitted
findings on May 11, 2024. (Tr. 76-77, 79-81). As to social interaction limitations, Dr. Sinkhorn
opined that Claimant was “moderately limited” in his ability to interact appropriately with the
general public, to accept instructions and respond appropriately to criticism from supervisors, and
to get along with coworkers or peers without distracting them or exhibiting behavioral extremes.
(Tr. 80). As to Claimant’s ability to sustain concentration and persistence, Dr. Sinkhorn determined
Claimant had no significant limitations except that he was “moderately limited [in] the ability to
work in connection with or in proximity to others without being distracted by them.” (Id.). Based
on these findings, Dr. Sinkhorn concluded, in relevant part, that Claimant is able to: “[u]nderstand
and remember simple and detailed instructions;” and “tolerate occasional (not more than 1/3 of the
time) contact with coworkers, supervisors, and the public[.]” (Tr. 80-81).
At Step Four, ALJ Brock evaluated Dr. Sinkhorn’s opinion and found it to be “partially
persuasive.” (Tr. 34). Broadly, ALJ Brock explained that Dr. Sinkhorn “has program knowledge
and cites to the record in support.” (Id.). More specifically, ALJ Brock found Dr. Sinkhorn’s
limitation to simple and detailed instructions was consistent with the evidence because Claimant
had normal memory and concentration on exam. (Id. (citing Exs 4F, pp. 37, 51, 62; 9F, at p. 34)).
But ALJ Brock assessed Dr. Sinkhorn’s limitation to occasional interaction as inconsistent with
the evidence since “at most exams [Claimant] was cooperative and had normal behavior.” (Id.
(citing Exs. 1F, at pp. 10, 13; 4F, at pp.34-35; 11F, at p. 10)). ALJ Brock concluded “the evidence
is more consistent with a frequent limitation regarding interacting with others.” (Id.).
Claimant argues that ALJ Brock’s “cursory” analysis fails to meet the regulatory
articulation standard because she did not evaluate Dr. Sinkhorn’s opinion based on the evidence
presented by Dr. Sinkhorn. (DN 15, at PageID # 824-25). Claimant again takes issue with ALJ
Brock using Claimant’s normal behavior at exams to discount Dr. Sinkhorn’s limitation of
occasional interaction, stating that ALJ Brock’s simply pointing to a few instances of Claimant not
causing a scene or losing control at a medical visit is not a sufficient assessment of consistency.
(Id. at PageID # 825). According to Claimant, ALJ Brock disregarded medical evidence from Dr.
Sinkhorn and relied on her own lay opinion to discount Dr. Sinkhorn’s occasional-interaction
limitation. (Id. at PageID # 826). Because there is “no evidence within the written decision to
support a finding that [ALJ Brock] met the supportability/consistency articulation standard with
respect to Dr. Sinkhorn’s prior findings,” Claimant concludes remand is required. (Id. at PageID
# 826-29).
The Commissioner responds that ALJ Brock clearly assessed the supportability of Dr.
Sinkhorn’s findings by concluding Dr. Sinkhorn cited evidence to support her findings. (DN 16,
at PageID # 837). The Commissioner likewise concludes ALJ Brock’s consistency analysis was
appropriate, and no error resulted from her consideration of Claimant’s normal behavior at exams.
(Id.). Nor did ALJ Brock make lay opinions in evaluating Dr. Sinkhorn’s assessment, according
to the Commissioner, because ALJ Brock did not improperly interpret raw medical data in finding
that Claimant’s normal behavior at exams was inconsistent with a limitation to occasional
interaction. (Id. at PageID # 837-38).
Claimant’s reply reiterates that ALJ Brock’s single-sentence regarding Dr. Sinkhorn’s
review of the record does not constitute an appropriate supportability analysis because it does not
reveal anything substantive regarding the persuasiveness of the opinion. (DN 17, at PageID # 843-
44). Per Claimant, ALJ Brock performed a “competing review” of the evidence reviewed by Dr.
Sinkhorn to ultimately determine her opinion trumped that of the State agency psychologist. (Id.
at PageID # 845).
ALJ Brock properly evaluated Dr. Sinkhorn’s assessment pursuant to the regulations. First,
as to “supportability,” the Court notes that opinions of state agency consultants are “uniquely
situated” because these consultants do not examine claimants. See Kenneth B. v. Comm’r of Soc.
Sec., No. 3:22-CV-00672-CHL, 2024 WL 1199025, at *6-7 (W.D. Ky. Mar. 20, 2024) (quoting
Tyrone H. v. Comm’r of Soc. Sec., No. 2:22cv-3652, 2023 WL 2623571, at *6-7 (S.D. Ohio Mar.
24, 2023)). Any failure by ALJ Brock to discuss the internal supportability of Dr. Sinkhorn’s
assessment came with good reason: Dr. Sinkhorn did not perform objective diagnostic testing and
did not observe Claimant. Accordingly, ALJ Brock’s discussion of the record evidence and
notation that Dr. Sinkhorn cited the record in support can be understood to touch upon both
supportability and consistency, as required by the regulations. See Mary E. O. v. O'Malley, No.
3:23-CV-00344-CRS, 2024 WL 3876477, at *7 (W.D. Ky. July 24, 2024).
The Court likewise finds ALJ Brock’s consistency analysis was sufficient. She found Dr.
Sinkhorn’s assessment to be partially persuasive and then specified one restriction that was
consistent with the evidence and another that was not. ALJ Brock cited evidence of Claimant’s
cooperation and normal behavior at medical exams to demonstrate inconsistency with Dr.
Sinkhorn’s limitation of occasional interaction. Because the regulations specify that an ALJ’s
consistency evaluation relates to the relationship of a medical source’s opinion with other medical
opinions and evidence, the Court finds ALJ Brock’s analysis was both appropriate and sufficient.
See 20 C.F.R. § 416.920c(c)(1)-(2). Such analysis allows the Court to trace ALJ Brock’s path of
reasoning. For these same reasons, ALJ Brock did not improperly “play doctor” or determine that
her own opinion of Claimant’s limitations trumped those opined by Dr. Sinkhorn. The Court,
accordingly, finds no error.
IV. Order
IT IS THEREFORE ORDERED that the final decision of the Commissioner is
AFFIRMED. This is a final and appealable Order and there is no just cause for delay.
Copies: Counsel of Record
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