Schloesser v. Berryhill

Record contained sufficient evidence to support Appeals Council’s determination that claimant, who applied for Social Security disability benefits, was not disabled as of last insured date, even though ALJ had previously found that claimant was disabled based on claimant’s cervical radiculopathy, major joint dysfunction, history of shoulder impairment and obesity. Appeals Council could properly find that claimant could perform range of light work, and that claimant’s various impairments were not as severe as found by ALJ, since record showed that: (1) claimant never discussed neck or shoulder pain at any of his relevant doctor visits; (2) claimant’s disc herniation was only mild at relevant time; and (3) there were never any evidence showing that claimant’s neck pain was debilitating on or before his last insured date. Fact that claimant’s condition(s) may have worsened after last insured date was immaterial. Also, Appeals Council was not required to accept ALJ’s credibility findings with respect to claimant’s contention that he had limitations of being more than 10 percent off-task and needing unscheduled breaks during work day, since although ALJ’s findings may have been supported by substantial evidence, Appeals Council’s contrary findings were also supported by substantial evidence. Moreover, Appeals Council’s focus on fact that claimant had only infrequent treatments prior to his last insured date was not improper, where record did not support claimant’s claim that he lacked insurance to see his treating physician during relevant time period.