Bonner v. Saul
| Decision Date | 17 July 2020 |
| Docket Number | Civil No. 1:19-CV-1370 |
| Parties | SUZANNE L. BONNER, Plaintiff v. ANDREW M. SAUL Commissioner of Social Security Defendant |
| Court | U.S. District Court — Middle District of Pennsylvania |
(Magistrate Judge Carlson)
The Supreme Court has recently underscored for us the limited scope of our review when considering Social Security appeals, noting that:
The phrase "substantial evidence" is a "term of art" used throughout administrative law to describe how courts are to review agency factfinding. T-Mobile South, LLC v. Roswell, 574 U.S. —, —, 135 S. Ct. 808, 815, 190 L.Ed.2d 679 (2015). Under the substantial-evidence standard, a court looks to an existing administrative record and asks whether it contains "sufficien[t] evidence" to support the agency's factual determinations. Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S. Ct. 206, 83 L.Ed. 126 (1938) (emphasis deleted). And whatever the meaning of "substantial" in other contexts, the threshold for such evidentiary sufficiency is not high. Substantial evidence, this Court has said, is "more than a mere scintilla." Ibid.; see,e.g., Perales, 402 U.S. at 401, 91 S. Ct. 1420 (internal quotation marksomitted). It means—and means only—"such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Consolidated Edison, 305 U.S. at 229, 59 S. Ct. 206. SeeDickinson v. Zurko, 527 U.S. 150, 153, 119 S. Ct. 1816, 144 L.Ed.2d 143 (1999) ().
Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019).
In the instant case, the plaintiff, Suzanne Bonner applied for disability insurance benefits and supplemental security income under Title II and Title XVI of the Social Security Act on October 27, 2015, alleging disability due to depression, panic attacks, osteoporosis, degenerative disc disease, back pain, nerve damage Charcot-Marie-Tooth disease (CMT), adhesions, endometriosis, methadone for pain, hypothyroidism, pelvic pain, abdominal pain, skin conditions, folliculitis, and nerve pain. (Tr. 112-13). However, after consideration of the medical records and opinion evidence, including the objective diagnostic tests and clinical findings on Bonner's physical and mental examinations, Bonner's longitudinal treatment history, and her documented activities of daily living, the Administrative Law Judge ("ALJ") who reviewed this case concluded that Bonner could perform a limited range of sedentary work and denied her disability applications.
Mindful of the fact that substantial evidence "means only—'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,'" Biestek, 139 S. Ct. at 1154, we find that substantial evidence supported the ALJ'sfindings in this case. Therefore, for the reasons set forth below, we will affirm the decision of the Commissioner denying this claim.
On October 27, 2015, Suzanne Bonner applied for disability insurance benefits and supplemental security income benefits, alleging an onset date of disability beginning February 1, 2011 due to depression, panic attacks, osteoporosis, degenerative disc disease, back pain, nerve damage disease CMT, adhesions, endometriosis, methadone for pain, hypothyroidism, pelvic pain, abdominal pain, skin conditions, folliculitis, and nerve pain. (Tr. 15, Tr. 112-13). Upon review, and noting that Bonner had previously submitted an unsuccessful disability application which encompassed some of the same time frame, the ALJ revised the relevant period for Bonner's disability claim to August 21, 2015 to account for this prior unsuccessful disability application. (Tr. 18). Bonner has a high school education, some college education, and a certificate in travel and tourism. (Tr. 37). Bonner was a younger worker, approximately 43 years old at the time of the alleged onset date of her disability, and had prior employment as a customer service representative, fast food laborer, telephone operator, brokerage specialist, and receptionist. (Tr. 112, 195).
The medical record in this case is mixed and equivocal but contains substantial evidence which indicates that Bonner retained the capacity to perform some work. Specifically, Bonner has a long history of musculoskeletal and neuropathic pain, hypothyroidism, and mental health issues. (Tr. 23). Bonner alleges that her disability stems from her physical and mental impairments, which cause numbness, coordination deficits, diminished grip strength, tremors, sleep disturbances, mood swings, anxiety, panic attacks, and depression. (Id.). Bonner testified and reported that these symptoms affect her ability to walk, sit, and stand, as she cannot sit longer than 20 minutes or stand longer than ten minutes. (Tr. 42, 242). Bonner further reported that her conditions affect her ability to lift, squat, bend, reach, kneel, hear, see, climb stairs, retain information, complete tasks, concentrate, and use her hands. (Tr. 242).
On this score, Bonner's treatment history discloses that in September 2015, Bonner visited Susquehanna Health concerning complaints of lower back pain radiating to her right hip, SI joint, and right lower extremity. (Tr. 1181). Bonner described the pain as a burning shooting and tingling sensation. (Id.). An MRI revealed an L5-S1 posterior disk bulging but no evidence of spinal cord compression and physical examination revealed only minimal tenderness in the lower lumbar spine, a positive FABERS test on the right, and limited range of motion. (Tr. 23,1181). Bonner otherwise exhibited 5/5 strength in all major muscle groups, 2/4 reflexes, intact sensation, a normal gait, and a negative straight leg raising test. (Tr. 23).
In November 2015, a physical examination revealed that Bonner had tenderness over the lumbar facet joints, coccyx, SI joint, and right hip, crepitance in both knees, and lumbar range of motion deficits. (Tr. 506-11). Additionally, upon examination, Bonner had 5/5 strength, a normal range of motion in the right hip, intact sensation, normal reflexes, a normal gait, and a normal straight leg raising test. (Tr. 510). The treatment notes further demonstrated that Bonner had underwent a series of injections and radiofrequency ablation, which proved successful. (Tr. 514).
Despite these very limited abnormal medical findings, in June 2015, Bonner was examined by Dr. Kathy Nase, who completed a medical assessment form. (Tr. 1251-53). In the assessment, Dr. Nase concluded that Bonner was permanently disabled. (Tr. 1252). In January 2016, Bonner was seen again at Susquehanna Health concerning more lower back pain. (Tr. 1198). Bonner rated her pain from four to seven on an ascending scale, but denied radicular symptoms. (Tr. 1198, 1202-03). While Bonner displayed a painful range of motion, she otherwise exhibited normal muscle tone, strength, posture, and gait. (Tr. 1198, 1202-03). Further, the medical record demonstrated that through November 2017, Bonner's physical examinationsrevealed nothing more than lumbar and hip tenderness and range motion deficits. (Tr. 1961, 1979, 2002, 2008, 2014, 2031, 2052).
In January 2016, Bonner was examined by Dr. Louis Bonita, who prepared a Physical Residual Functional Capacity Statement. (Tr. 133-135). In the medical source statement, Dr. Bonita opined that Bonner could perform a limited range of light work. (Tr. 24-25). Specifically, Dr. Bonita opined that Bonner could occasionally lift and carry 20 pounds, frequently lift and carry ten pounds, she could stand, and walk for approximately six hours in an eight-hour workday, and she could sit for approximately six hours in an eight-hour workday. (Tr. 133). Following, Dr. Bonita's finding limiting Bonner to a limited range of light work, Bonner was examined by Nurse Practitioner David Peterson in May 2016, who completed a medical assessment form. (Tr. 1188-89). In the medical assessment form, Nurse Practitioner Peterson opined that Bonner was temporarily disabled until October 1, 2016. (Tr. 1188).
In January 2018, Bonner was examined by an unknown medical source, who completed a medical statement regarding Bonner's physical abilities and limitations.2 (Tr. 2062-63). In the form, the medical source opined that Bonner couldperform a limited range of medium work. (Tr. 25). Specifically, the medical source opined that Bonner could work for approximately two hours a day, she could only stand for 30 minutes at one time, could only stand for 60 minutes in an eight-hour workday, could only sit for 60 minutes at one time, and could only sit for two hours in an eight-hour workday. (Tr. 2062). The unknown medical source further opined that Bonner could occasionally lift 50 pounds, frequently lift 20 pounds, and occasionally bend and squat. (Id.).
As for her mental health impairments, treatment notes from August and November 2015 revealed that Bonner was alert, cooperative, and clean, that she exhibited normal speech, a good mood, a full affect, logical thoughts, normal thought content, intact memory, intact attention and concentration, and good insight and judgement. (Tr. 418-19, Tr. 421-22). In December 2015, Bonner was examined by Dr. Francis Murphy who completed a Psychiatric Review Technique and a Mental Residual Functional Capacity Assessment. (Tr. 135-36). In the Psychiatric Review Technique assessment, Dr. Murphy opined that Bonner had mild limitations in her activities of daily living, moderate limitations in maintaining concentration, persistence, or pace, and no limitations in social functioning and episodes of decompensation, each of extended duration. (Tr. 131-32). In the Mental Residual Functional Capacity Assessment, Dr. Murphy examined Bonner under the followingcategories of limitation: (1) understanding and memory, (2) sustained concentration and persistence, (3) social interaction, and (4) adaption. (Tr. 135). Dr. Murphy opined that Bonner had no limitations in...
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