Grossman v. Comm'r of Soc. Sec.

• Decision Date: 09 December 2022
• Docket Number: 1:22-CV-00537-JDG
• Parties: DEBORAH ANN GROSSMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
• Court: U.S. District Court — Northern District of Ohio

DEBORAH ANN GROSSMAN, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

No. 1:22-CV-00537-JDG

United States District Court, N.D. Ohio, Eastern Division

December 9, 2022

MEMORANDUM OF OPINION AND ORDER

Jonathan D. Greenberg United States Magistrate Judge

Plaintiff, Deborah Grossman (“Plaintiff” or “Grossman”), challenges the final decision of Defendant, Kilolo Kijakazi,^[1] Acting Commissioner of Social Security (“Commissioner”), denying her application for a Period of Disability (“POD”) and Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 416(i), 423, and 1381 et seq. (“Act”). This Court has jurisdiction pursuant to 42 U.S.C. § 405(g) and the consent of the parties, pursuant to 28 U.S.C. § 636(c)(2). For the reasons set forth below, the Commissioner's final decision is AFFIRMED.

I. PROCEDURAL HISTORY

In May 2019, Grossman filed an application for POD and DIB, alleging a disability onset date of November 23, 2018, and claiming she was disabled due to complications from chemotherapy, inability to stand or walk for long periods of time due to chemotherapy, dizziness due to chemotherapy, migraines due to chemotherapy, inability to drive due to neuropathy from chemotherapy, severe neuropathy due to chemotherapy, and pain and numbness to hands and feet due to chemotherapy. (Transcript (“Tr.”) at 13, 60.) The application was denied initially and upon reconsideration, and Grossman requested a hearing before an administrative law judge (“ALJ”). (Id. at 13.)

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On November 12, 2020, an ALJ held a hearing, during which Grossman, represented by counsel, and an impartial vocational expert (“VE”) testified. (Id.) On February 10, 2021, the ALJ issued a written decision finding Plaintiff was not disabled. (Id. at 13-26.) The ALJ's decision became final on February 14, 2022, when the Appeals Council declined further review. (Id. at 1-6.)

On April 5, 2022, Grossman filed her Complaint to challenge the Commissioner's final decision. (Doc. No. 1.) The parties have completed briefing in this case. (Doc. Nos. 7-9.) Grossman asserts the following assignment of error:

(1) The ALJ's RFC determination is not supported by substantial evidence because he failed to properly develop the record regarding Plaintiff's physical impairments and resulting limitations

(Doc. No. 7.)

II. EVIDENCE

A. Personal and Vocational Evidence

Grossman was born in May 1971 and was 49 years-old at the time of her administrative hearing (Tr. 13, 25), making her a “younger” person under Social Security regulations. See 20 C.F.R. § 404.1563(c). She has at least a high school education. (Tr. 25.) She has past relevant work as a licensed practical nurse. (Id. at 24.)

B. Relevant Medical Evidence^[2]

On August 22, 2018, Grossman saw Belagodu Kantharaj, M.D., for an oncology consultation following a recent right-sided breast cancer diagnosis. (Id. at 467.) Dr. Kantharaj noted a screening mammogram had revealed a 1 cm mass in the right breast, a diagnostic mammogram on July 27, 2018, revealed a 1.5 cm mass in the right breast, and a biopsy on July 31, 2018, revealed invasive ductal carcinoma, ER-ve, PR-ve, and Her2/Neu unknown. (Id.) Grossman underwent a right breast lumpectomy

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and sentinel lymph node sampling on August 9, 2018, which revealed invasive ductal carcinoma measuring 1.2x0.8 cm, Grade 3 with foci of necrosis, and sentinel lymph nodes were negative for mets. (Id.) Dr. Kantharaj diagnosed Grossman with malignant neoplasm of the lower-outer quadrant of the right female breast and estrogen receptor negative status. (Id. at 469.) Dr. Kantharaj recommended adjuvant chemotherapy with radiation to follow. (Id.)

Grossman began chemotherapy on September 17, 2018. (Id. at 211.)

On October 29, 2018, Grossman saw Dr. Kantharaj for follow up. (Id. at 214.) Grossman reported diarrhea, leg and arm cramps the first week after chemotherapy, a rash on her head and face, and dizziness for one week after chemotherapy. (Id. at 216.) On examination, Dr. Kantharaj found scalp alopecia and an erythematous macular rash over the face and head. (Id.) Dr. Kantharaj prescribed hydrocortisone cream and hydroxyzine as needed for the rash, Imodium as needed for diarrhea, and meclizine as needed for dizziness. (Id. at 218.)

On November 19, 2018, Grossman saw Dr. Kantharaj for follow up. (Id. at 220.) Grossman reported fatigue, hot flashes, shortness of breath on exertion, constipation, nausea, a rash on her scalp, dizziness, numbness, tingling of hands for two days after chemotherapy, and loss of balance. (Id. at 222.) On examination, Dr. Kantharaj found normal reflexes and coordination and no rash. (Id.) Dr. Kantharaj started Grossman an Decadron. (Id. at 224.)

Grossman continued to see her oncologists weekly through February 2019. (Id. at 479-537.) On December 7, 2018, Grossman reported fatigue, hot flashes, shortness of breath on exertion, rash over her scalp, constipation, nausea, dizziness, loss of balance, and numbness and tingling of her hands for two days post chemotherapy. (Id. at 481-82.) On examination, Patrick Litam, M.D., found scalp alopecia, normal reflexes, and normal coordination. (Id. at 482.) On December 14, 2018, Plaintiff reported similar symptoms, as well as myalgias and an increase in hot flashes. (Id. at 486-87.) On examination, Dr.

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Kantharaj found scalp alopecia, pale conjunctivae, normal reflexes, sensory deficit, and normal coordination. (Id. at 487.) Dr. Kantharaj noted Grossman was “tolerating chemotherapy very well except for myalgia, hotflashes [sic], nausea and mild peripheral neuropathy.” (Id. at 488.) On December 21, 2018, Grossman reported similar symptoms along with worsening hot flashes and headaches. (Id. at 489, 492.) Dr. Kanatharaj found similar findings on examination in addition to an erythematous maculopapular rash over the scalp and face. (Id. at 492-93.) On January 11, 2019, Grossman reported similar symptoms, as well as intermittent nosebleeds, ankle swelling, and nail changes. (Id. at 506, 508.) On examination, Dr. Kantharaj found scalp alopecia, no edema or tenderness, normal reflexes, no cranial nerve deficit, normal coordination, and papular rash over the face. (Id. at 509.) On January 25, 2019, Grossman reported similar symptoms, as well as weakness and an unsteady gait at times. (Id. at 517, 519.) On examination, Dr. Kantharaj found scalp alopecia, no edema or tenderness, normal reflexes, sensory deficit, and normal coordination. (Id. at 520.) Dr. Kantharaj noted Grossman's peripheral neuropathy was getting worse and started her on Gabapentin. (Id. at 520-21.) On February 1, 2019, Dr. Litam noted Grossman “[s]till has moderate to severe peripheral neuropathy” and prescribed neuropathic cream. (Id. at 522, 526.) Grossman completed chemotherapy on February 22, 2019. (Id. at 543.)

On February 28, 2019, Grossman saw Suzanne Russo, M.D., for a radiation evaluation. (Id. at 258.) Grossman reported fatigue, weakness, occasional shooting pains in the right breast, back pain, chronic degenerative joint disease, alopecia, occasional vertigo, and peripheral neuropathy from chemotherapy. (Id. at 263.) On examination, Dr. Russo found no lymphedema, full motor strength, and normal muscle tone. (Id. at 264.) Dr. Russo recommended adjuvant right breast radiation to begin on March 11, 2019. (Id.)

Grossman underwent radiation of the right breast from March 11 through April 5, 2019. (Id. at 335.)

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On April 12, 2019, Grossman saw Vagesh M. Hampole, M.D., for an initial evaluation of her joint pain. (Id. at 352.) Grossman complained of pain in her shoulders, elbows, wrists, hands, knees, hips, ankles, and feet for the past three weeks. (Id.) Grossman reported daily pain that was worse at times, as well as morning stiffness, although she denied any joint swelling. (Id.) Grossman told Dr. Hampole activity helped the pain, while resting made it worse. (Id.) Grossman denied alopecia and muscle weakness. (Id.) Grossman reported associated symptoms of fatigue, sleep problems, numbness and tingling in her hands and feet, stiffness, and joint pain. (Id.) On examination, Dr. Hampole found sensory deficit, normal motor system, good range of motion of the cervical spine, good range of motion of the shoulders, elbows, wrists, hands, hips, knees, ankles, and feet with no acute pain and no swelling or deformities, tender areas over the upper border of the trapezius muscles, low back, upper anterior chest, arms, forearms, upper lateral thighs, and below the medial knees, no muscle weakness, and no edema. (Id. at 353.) Dr. Hampole diagnosed Grossman with stable polyarthralgia and stable fibromyalgia. (Id.) Dr. Hampole ordered bloodwork. (Id.)

On April 18, 2019, Grossman saw Jessica Hone, D.O., for numbness in her feet that Grossman reported was from her chemotherapy. (Id. at 363.) Grossman also reported neuropathy in her hands and feet and joint pain that was not from chemotherapy. (Id.) Grossman described the numbness and tingling as sudden, occurring for days, and increasing. (Id.) On examination, Dr. Hone found abnormal sensation of the feet bilaterally, normal breathing effort, and no edema. (Id. at 364.) Dr. Hone noted Grossman had started amitriptyline that day and told Grossman to schedule a follow up appointment if there was no improvement or worsening of her symptoms. (Id. at 365.)

On May 30, 2019, Grossman saw Dr. Kantharaj for follow up. (Id. at 433.) Grossman reported a 10-pound unexpected weight loss, arthralgias and joint swelling of the wrists and elbows, dizziness, numbness and tingling of the hands and feet that were worse, severe intermittent headaches, loss of

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balance, recent falls but no injury, and a dysphoric mood. (Id. at 436.) On examination, Dr. Kantharaj found normal range of motion, no edema, no cervical adenopathy, no sensory deficit, and normal mood and affect. (Id. at 437.) Grossman was...