Benavides v. Saul

• Decision Date: 24 August 2020
• Docket Number: Case No. 19-22669-MARTINEZ/AOR
• Parties: PATRICIA BENAVIDES, Plaintiff, v. ANDREW SAUL, Commissioner for, Social Security Administration, Defendant.
• Court: U.S. District Court — Southern District of Florida

PATRICIA BENAVIDES, Plaintiff, v. ANDREW SAUL,¹ Commissioner for, Social Security Administration, Defendant.

Case No. 19-22669-MARTINEZ/AOR

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

August 24, 2020

REPORT AND RECOMMENDATION

THIS CAUSE came before the Court upon Plaintiff Patricia Benavides' ("Claimant") Motion for Summary Judgment (hereafter, "Claimant's Motion for Summary Judgment") [D.E. 22] and Defendant Andrew Saul, Commissioner of the Social Security Administration's ("Commissioner") Motion for Summary Judgment (hereafter, "Commissioner's Motion for Summary Judgment") [D.E. 24]. The administrative transcript (hereafter, "TR.") has been filed [D.E. 11].² For the reasons stated below, the undersigned respectfully recommends that Claimant's Motion for Summary Judgment be DENIED, the Commissioner's Motion for Summary Judgment be GRANTED, and the Commissioner's decision be AFFIRMED.

PROCEDURAL HISTORY

In February 2016, Claimant filed applications for a period of disability and disability insurance benefits ("DIB") and supplemental security income ("SSI"), alleging a disability onsetdate of June 17, 2015. TR. 258-66. The applications were denied initially and upon reconsideration. Id. at 104-61. Pursuant to a written request, a hearing was held on April 25, 2018 before Administrative Law Judge Norman Hemming ("ALJ Hemming") at which Claimant and Vocational Expert Lorin Lovely ("VE Lovely") testified. Id. at 48-102. On July 24, 2018, ALJ Hemming issued an Unfavorable Decision, finding that:

(1) Claimant met the insured status requirements of the Social Security Act through December 31, 2020. Id. at 22.

(2) Claimant had not engaged in substantial gainful activity since June 17, 2015, the alleged onset date (20 C.F.R. §§ 404.1571 et seq. and 416.971 et seq.). Id.

(3) Claimant had the following severe impairments: fracture of the upper extremity and disorders of the muscle, ligament, and fascia (20 C.F.R. §§ 404.1520(c) and 416.920(c)). Id.

(4) Claimant did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926). Id. at 25.³

(5) Claimant had the residual functional capacity ("RFC") to perform light work subject to additional limitations. Id. at 25-26.⁴

(6) Claimant was unable to perform any past relevant work (20 C.F.R. §§ 404.1565 and 416.965). Id. at 29.⁵

(7) Claimant was born on July 3, 1973 and was 41 years old, which was defined as a younger individual age 18-49, on the alleged disability onset date (20 C.F.R. §§ 404.1563 and 416.963). Id. at 30.

(8) Claimant had at least a high school education and was able to communicate in English (20 C.F.R. §§ 404.1564 and 416.964). Id.

(9) Transferability of job skills was not material to the determination of disability because using the Medical-Vocational Rules as a framework supported a finding that Claimant was "not disabled," whether or not Claimant had transferable job skills (See SSR 82-41 and 20 C.F.R. Part 404, Subpart P, Appendix 2). Id.⁶

(10) Considering Claimant's age, education, work experience, and RFC, there were jobs that existed in significant numbers in the national economy that Claimant could perform (20 C.F.R. §§ 404.1569, 404.1569(a), 416.969 and 416.969(a)). Id.

(11) Claimant had not been under a disability, as defined in the Social Security Act, from June 17, 2015, through the date of the Unfavorable Decision (20 C.F.R. §§ 404.1520(g) and 416.920(g)). Id. at 31.

On May 9, 2019, the Appeals Council denied a request for review of ALJ Hemming's Unfavorable Decision. Id. at 1-8. On June 26, 2019, pursuant to 42 U.S.C. § 405(g), Claimant filed this action seeking reversal of ALJ Hemming's final administrative decision [D.E. 1].

In support of her contention that ALJ Hemming's Unfavorable Decision should be reversed, Claimant argues that:

I. The ALJ's step two and mental RFC findings are internally inconsistent, and the ALJ erred in rejecting the treating and examining medical source opinions regarding mental impairments and limitations.

II. The ALJ's finding that Claimant had no limitation on finger use is unsupported by substantial evidence.

III. The ALJ erred in rejecting the opinions of all three of Claimant's treating physicians and adopting a non-examining, projected opinion instead.

IV. The ALJ failed to properly consider Claimant's allegations of pain and limitations.

See Claimant's Motion for Summary Judgment [D.E. 22 at 5-19].

RELEVANT MEDICAL EVIDENCE

I. Treating Sources

A. Broward Health Medical Center ("BHMC")

On June 17, 2015, Claimant was involved in a motor vehicle accident and admitted to BHMC via the emergency department for treatment. Id. at 631. Imaging studies showed: a nondisplaced radial styloid fracture with intraarticular extension of Claimant's right wrist; and a widening of her right acromioclavicular ("AC") joint, which suggested a ligamentous injury of her right shoulder. Id. at 635-51. The assessment and plan following Claimant's examination were that she might benefit from operative fixation of her wrist injury and that her AC injury could most likely be managed nonoperatively. Id. at 614.

On June 23, 2015, Brian Cross, D.O. ("Dr. Cross") surgically repaired Claimant's right wrist injury by performing an open reduction and internal fixation of the fracture to her right distal radius, which required the implantation of a radial styloid plate. Id. at 618-20.

B. Dr. Cross

Claimant continued visiting Dr. Cross from July 8, 2015 to April 12, 2016. Id. at 566-84, 1006-59.

On July 8, 2015, Claimant reported that she had no complaints and that her pain was well controlled; and she denied experiencing numbness, tingling, paralysis, or paresthesias. Id. at 573. On physical examination, Dr. Cross noted that: there was posttraumatic edema in the digits of Claimant's right hand; Claimant was able to flex and extend her metacarpophalangeal ("MCP") and interphalangeal ("IP") joints independently; there was diminished sensation in the distribution of the sensory branch of the radial nerve along the dorsum of her thumb; and she had no pain withpassive stretch. Id.

On July 21, 2015, Dr. Cross noted that Claimant had a limited range of motion in her right wrist joint. Id. at 572.

On August 4, 2015, Claimant reported that she had no complaints. Id. at 571. On physical examination, Dr. Cross noted that Claimant exhibited limited postsurgical and posttraumatic stiffness and recommended that she begin hand therapy. Id.

On September 15, 2015, Claimant complained of non-radiating pain in her right shoulder and significant stiffness; she denied experiencing numbness, tingling, paralysis, or paresthesias; and she reported that she was overall very happy with her surgical outcome. Id. at 569. On physical examination of Claimant's right wrist, Dr. Cross noted that: Claimant had limited dorsiflexion; she still had some stiffness in her MCP and IP joints, but she was able to make a full fist; and she had full pronation and supination. Id. On physical examination of Claimant's right shoulder, Dr. Cross noted that: Claimant's range of motion was 0-180 degrees in forward flexion, with pain from 160-180 degrees; she had pain with abduction greater than 110 degrees; she had full internal and external rotation without pain; and there was tenderness to palpation. Id. at 569-70. Dr. Cross' impression was that Claimant had a type 3 AC joint separation and subacromial impingement with possible rotator cuff pathology. Id. at 570.

On February 2, 2016, Claimant complained of pain in her right shoulder and significant pain and weakness in the ulnar aspect of her right wrist. Id. at 566. On physical examination, Dr. Cross noted that: there was dorsal wrist deformity with subluxation of the carpus; there was acute bony tenderness over the distal radial ulnar joint on the right; and Claimant's grip strength and thumb retropulsion were limited. Id. at 567. Dr. Cross' impression was that Claimant suffered from posttraumatic chronic right wrist pain and instability, a partial thickness tear of the right rotator cuff, and a superior labral tear from anterior to posterior ("SLAP") lesion of the rightshoulder. Id. at 568. Dr. Cross noted that Claimant was not progressing as he had hoped and recommended removal of the hardware installed in her right wrist during the June 23, 2015 surgical procedure. Id. at 566, 568.

On February 18, 2016, Dr. Cross removed the hardware implanted in Claimant's right wrist. Id. at 591-93. Imaging studies taken of her right wrist following the procedure showed no acute fracture and mild narrowing of the radiocarpal joint space. Id. at 603.

On March 2, 2016, Claimant complained of right wrist pain and diminished sensation in the distribution of the superficial branch of the radial nerve; but she denied experiencing any new numbness, tingling, paralysis, or paresthesias. Id. at 826. On physical examination, Dr. Cross noted that limited range of motion remained. Id. at 828. Claimant also underwent imaging studies of her right wrist, which showed radiocarpal joint osteoarthritis. Id. at 1031. Claimant was instructed to continue undergoing occupational therapy. Id. at 829.

On April 12, 2016, Claimant reported that the pain over the ulnar aspect of her wrist joint remained unchanged and that the numbness and tingling with "electric shocks" she experienced on the radial aspect appeared to be improving. Id. at 839. On physical examination, Dr. Cross noted that: dorsiflexion of the right wrist was approximately 60 degrees and volar flexion was 40 degrees; Claimant's grip strength was rated a 5/5; her sensation was diminished in the distribution of the superficial sensory branch of the radial nerve; there was tenderness to palpation over the triangular fibrocartilage complex ("TFCC"); and there was ulnar-sided wrist pain with power grip. Id. at 841. Dr. Cross noted...