Kyra H. v. Comm'r, Soc. Sec. Admin.
| Decision Date | 07 May 2020 |
| Docket Number | Case No. 6:18-cv-01979-AC |
| Parties | KYRA H. Plaintiff, v. COMMISSIONER, Social Security Administration, Defendant. |
| Court | U.S. District Court — District of Oregon |
Introduction
Plaintiff Kyra M. H.1 ("Plaintiff") filed this lawsuit under section 205(g) of the Social Security Act (the "Act") as amended, 42 U.S.C. § 405(g), to review the final decision of the Commissioner of Social Security (the "Commissioner"), who denied her social security disability insurance benefits ("DIB") and supplemental security income ("SSI") (collectively "Benefits").
The court finds the ALJ's discounting of Plaintiff's testimony, lay testimony, and limitations provided by a treating medical provider was supported by substantial evidence in the record and not in error, and that the ALJ's failure to specifically discuss Plaintiff's symptom disorders while evaluating evidence was harmless error. Accordingly, the Commissioner's final decision is affirmed.2
In May 2014, Plaintiff filed applications for DIB and SSI alleging a single onset date of June 5, 2013. The applications were denied initially, on reconsideration, and by Robert Frank Spaulding, the Administrative Law Judge (the "ALJ"), after a hearing. The Appeals Council considered additional evidence in the form of a letter from Plaintiff to her legal counsel and photographs of her hands but denied review, and the ALJ's decision became the final decision of the Commissioner.
Plaintiff is fifty years old. She graduated from high school and completed two years of college. Her past relevant work experience includes domestic violence counselor, central supply worker, and receptionist. Plaintiff has not been involved in a successful work attempt since June 5, 2013. Plaintiff alleges disability because of degenerative disc disease; bone spurs; two torn discs; depression; body numbness; back, leg, and arm weakness; dizziness; light-headedness;intermittent blurred vision with one blackout episode; swallowing, bladder, back, and balance issues; stenosis; arthritis; possible multiple sclerosis; muscle cramping; severe fatigue; difficulty concentrating; nausea; spine pressure; back stiffness; and sensitivity to light. Plaintiff last met the insured status requirements entitling her to DIB on December 31, 2018.
In the Function Report completed by Plaintiff on May 26, 2014 (the "Report"), Plaintiff reported she lived alone and, although it took longer, required some modifications, and often resulted in symptoms, she was able to effectively care for herself. (Tr. of Social Security Administrative R., ECF No. 13 ("Admin. R."), at 319-21.) She described her average day as follows: (Admin. R. at 320.)
Plaintiff prepared her own meals, often merely microwaving leftovers or frozen items, and needed to lay down regularly when cooking a meal, cleaning her house, and doing laundry. (Admin. R. at 321-22.) She did not do yard work due to allergies, stiffness, and pain. (Admin. R. at 322.) She maintained her drivers' license but did not drive more than a half block to get her mail, relying on others to take her to doctor's appointments and the grocery store. (Admin. R. at 319, 322.) She went grocery shopping every other week, was able to stand and walk for only thirty minutes to an hour, needed to lean on the cart for support, and was unable to do anything else for the rest of the day. (Admin. R. at 322.) She reported watching television daily, but sometimeshad difficulty concentrating, and visited with friends and family by telephone, or in-person when they had time to drop by her house. (Admin. R. at 323-24.)
Plaintiff explained she was unable to sit, stand, or walk for long time periods, and suffered from numbness and weakness in her legs and sometimes her arms; weakness in her back; pain and stiffness in her legs, back, and neck; difficulty concentrating and focusing; memory issues; and severe depression. (Admin. R. at 319, 323.) She had difficulty sleeping at due to insomnia and serious fatigue but slept often throughout the day. (Admin. R. at 320.) She believed her conditions limited her ability to lift, squat, bend, stand, walk, sit, kneel, climb stairs, see, remember, complete tasks, concentrate, understand, follow instructions, use her hands, and get along with others. (Admin. R. at 324.) She was able to walk one block before needing to rest and used a cane or grocery cart for support. (Admin. R. at 324-25.)
In mid-October 2014, Plaintiff fell, resulting in what she described as an increase in the pain, weakness, and stiffness in her legs, and new deep pain in her hip, pelvis, lower back, and right hand, as well as light-headedness with standing. (Admin. R. at 337.) In early 2015, Plaintiff reported "increasing daily numbness, weakness, shakiness, genital & body numbness & pain, loss of balance, decreased motor skills, increased swallowing & breathing issues decreased mental function - deteriorating regularly," which resulted in "increased pain, weakness, numbness in hands/arms causes inability to handle heav[i]er or small objects, or write, decreased motion skills & cognitive abilities, decreased household functioning." (Admin. R. at 346.)
At the September 27, 2017 video conference hearing before the ALJ (the "Hearing"), Plaintiff testified she hurt her back at work on June 5, 2013, when she lifted a heavy box and felt a sharp pain in her back, numbness in her left leg, and weakness in both legs. (Admin. R. at 55.) Audrey Duke, F.N.P. ("Duke"), who treated Plaintiff immediately after her injury, releasedPlaintiff to return to work on July 2, 2013, with light duty restrictions on condition of the ability to change positions at will and lay down on occasion. (Admin. R. at 61, 495.) Plaintiff attempted to work as a receptionist but was unable to "handle it physically" and did not return after the first day. (Admin. R. at 62.) Later that year, she was able to work for a week and a half at a domestic violence center but had to quit "because my body and my mind just couldn't wrap itself around the job." (Admin. R. at 80.)
Plaintiff testified she lived by herself, cooked her own meals, managed her finances, used a computer, enjoyed Facebook, and played video games. (Admin. R. at 72, 75-78.) During an average day, Plaintiff makes breakfast, takes a shower, does some dishes, vacuums, and takes a nap in the afternoon. (Admin. R. at 74.) She has constant weakness and numbness in her legs with varying severity. (Admin. R. at 83.) Twelve-to-thirteen days a month, Plaintiff woke-up exhausted or unable to stand for very long due to increased numbness and weakness in her legs. (Admin. R. at 73, 84.) When she tried to push herself on a bad day, she was more likely to fall and injure herself. (Admin. R. at 82-83.) Plaintiff indicated she drove a quarter mile to a small convenience store to buy sodas and snacks, but was unable to walk that far. (Admin. R. at 69.) A friend drives Plaintiff to Walmart once a week to buy groceries. (Admin. R. at 70.) Plaintiff spends only ten to thirty minutes in Walmart due to back pain. (Admin. R. at 71.)
In a May 12, 2018 letter to her lawyer, Plaintiff updated her condition and resulting limitations, and commented on medical notes and the ALJ's decision, apparently in support of her appeal. (Admin. R. at 377-381.) Plaintiff indicated she no longer was able to do housework or pay bills without the assistance of her friend; she needed to rest for a couple days before a trip to the grocery store, which resulted in pain that forced her to be "down" for the rest of the day and most of the next; and though she reported she cooked a Thanksgiving dinner for her family, shedid not do it by herself and she was "wiped out" for the next two days. (Admin. R. at 377-380.) Plaintiff stated:
Since the judge[']s decision I have fallen a few times due to leg weakness numbness and buckl[]ing, this last time I fell trying to do house work. I couldn[']t lift my weight to get me on the couch even and had to go to the hospital, by ambulance, was there a couple of days. [W]as released with walker that I now use, sometimes I can use my cane, cause my left leg isn[']t recovering very well. MRI shows that I now have a problem forming in my L3 area as well. I have been approved to go to phy[s]ical therapy to learn how to use thes[e] things properly c[au]se I am so brutally uncoordinated, I need help with that. Was also approved (if we can find one willing to) to go see neuro spine doctor for consult and hopeful[l]ly a point in[] the RIGHT direction for answers.
On July 13, 2014, Phyllis Vanes ("Vanes"), completed a Function Report addressing Plaintiff's limitations. (Admin. R. at 327.) At that time, Vanes had known Plaintiff for ten years and was spending three-to-four hours a week with Plaintiff providing her transportation for weekly grocery shopping and other errands. (Admin. R. at 327.) Vanes reported Plaintiff:
is unable to drive due to muscle weakness and locking up suddenly, she is in constant pain, can not walk around for extended periods[,] can not sit for extended periods, has to lie down frequently[.] She has vision problems on and off, dizziness and lightheadedness. If she does push herself and do too much she is then in misery from it and finds it difficult to even get around at all, and has muscle weakness and numbness[.] Difficulty swallowing at times.
Vanes described restrictions in daily living similar to those identified by Plaintiff in the Report, but additionally noted Plaintiff prepares meals only once a week, can perform only...
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