Marie M. v. Kijakazi
| Docket Number | 2:20-CV-00416-DCN-REP |
| Decision Date | 19 November 2021 |
| Parties | KAREN MARIE M., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security[1], Defendant. |
| Court | U.S. District Court — District of Idaho |
REPORT AND RECOMMENDATION RE: PETITION FOR REVIEW
Pending is Petitioner Karen Marie M.'s Petition for Review (Dkt 1) and an accompanying Memorandum of Law in support of the Petition for Review (Dkt. 18) appealing the Social Security Administration's final decision finding her not disabled and denying her claim for disability insurance benefits. See Pet. for Rev. (Dkt. 1). This action is brought pursuant to 42 U.S.C. § 405(g). Having carefully considered the record and otherwise being fully advised, the Court enters the following Report and Recommendation.
Petitioner is a woman in her mid-fifties who alleges she became disabled on November 2, 2016, which is the date that Petitioner fell at work and suffered a right arm fracture. AR[2] 15, 430, 432. Petitioner filed her application for social security disability income (“SSDI”) on May 10, 2017, six months after the fall and after undergoing surgery and treatment for the fracture. AR 15, 369-370. Petitioner initially alleged that she was disabled due to the combined effects of anxiety, depression, post-traumatic stress disorder (“PTSD”), and her right arm fracture. AR 210, 231, 238, 241. Later in the proceedings, however, around October 2018, Petitioner began complaining of more diffuse pain and alleging that she was disabled due to fibromyalgia. AR 252, 257. Petitioner's claim was denied initially and on reconsideration and Petitioner requested a hearing in front of an Administrative Law Judge (“ALJ”). AR 15. On September 11, 2019, the claim went to a hearing before Administrative Law Judge (“ALJ”) Jesse Shumway. Id. On October 11, 2019, the ALJ issued a decision that was unfavorable to Petitioner. AR 15-26.
Petitioner appealed this decision to the Appeals Council. The Council denied Petitioner's request for review, making the ALJ's decision the final decision of the Commissioner of Social Security. AR 1-6.
Having exhausted her administrative remedies, Petitioner filed this case. Petitioner raises numerous points of error. First, Petitioner contends that the ALJ was legally required to include mental health limitations in the RFC because the ALJ found that Petitioner had mild limitations in various mental domains. Pt.'s Br. at 6-10 (Dkt. 18). Second, Petitioner maintains that the ALJ erred in finding that her irritable bowel syndrome was not a severe impairment. Id. at 11. Third, Petitioner argues that the ALJ wrongly concluded Petitioner's fibromyalgia was not a medically determinable condition without adequately developing the record. Id. at 11-12. Fourth, Petitioner asserts that the ALJ did not provide adequate justification for rejecting the opinions of the reviewing agency doctors regarding her mental health. Id. at 13-14. Fifth, Petitioner claims the ALJ failed to sufficiently discuss the opinions of two doctors - Dr. Stuart Denny and Dr. Connor W. Quinn - who treated Petitioner for injuries that she sustained in the November 2, 2016 fall. Id. at 15. Sixth, Petitioner claims that the ALJ inappropriately rejected the opinions of her primary care physician, Dr. Richard K. Bell, regarding the extent of Petitioner's pain. Id. at 15-16. Seventh, Petitioner faults the ALJ for failing to include any limitations in the RFC related to her right arm fracture. Id. at 16-17. Eighth, and finally, Petitioner argues that the ALJ erred in finding her past employment constituted “relevant work.” Id. at 17-19.[3]
To be upheld, the Commissioner's decision must be supported by substantial evidence and based on proper legal standards. 42 U.S.C. § 405(g); Trevizo v. Berryhill, 871 F.3d 664 (9th Cir. 2017). Findings as to any question of fact, if supported by substantial evidence, are conclusive. 42 U.S.C. § 405(g). In other words, if there is substantial evidence to support the ALJ's factual decisions, they must be upheld, even when there is conflicting evidence. See Treichler v. Comm'r of Social Sec. Admin., 775 F.3d 1090, 1098 (9th Cir. 2014).
“Substantial evidence” is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971); Ludwig v. Astrue, 681 F.3d 1047, 1051 (9th Cir. 2012). The standard requires more than a scintilla but less than a preponderance. Trevizo, 871 F.3d at 674. It “does not mean a large or considerable amount of evidence.” Pierce v. Underwood, 487 U.S. 552, 565 (1988).
With respect to questions of fact, the Court is to review the record as a whole to decide whether it contains evidence that would allow a person of a reasonable mind to accept the conclusions of the ALJ. Richardson, 402 U.S. at 401; see also Ludwig, 681 F.3d at 1051. The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and resolving ambiguities. Treichler, 775 F.3d at 1098. Where the evidence is susceptible to more than one rational interpretation, the reviewing court must uphold the ALJ's findings if they are supported by inferences reasonably drawn from the record. Ludwig, 681 F.3d at 1051. In such cases, the reviewing court may not substitute its judgment or interpretation of the record for that of the ALJ. Batson v. Comm'r of Social Sec., 359 F.3d 1190, 1196 (9th Cir. 2004).
The decision must be based on proper legal standards and will be reversed for legal error. Zavalin v. Colvin, 778 F.3d 842, 845 (9th Cir. 2015); Treichler, 775 F.3d at 1098. Considerable weight is given to the ALJ's construction of the Social Security Act. See Vernoff v. Astrue, 568 F.3d 1102, 1105 (9th Cir. 2009). However, this Court “will not rubber-stamp an administrative decision that is inconsistent with the statutory mandate or that frustrates the congressional purpose underlying the statute.” Smith v. Heckler, 820 F.2d 1093, 1094 (9th Cir. 1987).
In evaluating the evidence presented at an administrative hearing, the ALJ must follow a sequential process in determining whether a person is disabled in general (20 C.F.R. §§ 404.1520, 416.920) - or continues to be disabled (20 C.F.R. §§ 404.1594, 416.994) - within the meaning of the Social Security Act.
The first step requires the ALJ to determine whether the claimant is engaged in substantial gainful activity (“SGA”). 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). SGA is work activity that is both substantial and gainful. 20 C.F.R. §§ 404.1572, 416.972. “Substantial work activity” is work activity that involves doing significant physical or mental activities. 20 C.F.R. §§ 404.1572(a), 416.972(a). “Gainful work activity” is work that is usually done for pay or profit, whether or not a profit is realized. 20 C.F.R. §§ 404.1572(b), 416.972(b). If the claimant is engaged in SGA, disability benefits are denied regardless of his or her medical condition, age education, and work experience. 20 C.F.R. §§ 404.1520(b), 416.920(b). If the claimant is not engaged in SGA, the analysis proceeds to the second step.
The second step requires the ALJ to determine whether the claimant has a medically determinable impairment, or combination of impairments, that is severe and meets the duration requirement. 20 C.F.R. § 404.1520(a)(4)(ii), 416.920(a)(4)(ii). An impairment or combination of impairments is “severe” within the meaning of the Social Security Act if it significantly limits an individual's physical or mental ability to perform basic work activities. 20 C.F.R. §§ 404.1520(c), 416.920(c). An impairment or combination of impairments is “not severe” if it does not significantly limit the claimant's physical or mental ability to do basic work activities. 20 C.F.R. §§ 404.1522, 416.922. If the claimant does not have a severe medically determinable impairment or combination of impairments, disability benefits are denied. 20 C.F.R. §§ 404.1520(c), 416.920(c).
The third step requires the ALJ to determine the medical severity of any impairments; that is, whether the claimant's impairments meet or equal a listed impairment under 20 C.F.R. Part 404, Subpart P, Appendix 1. 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the answer is yes, the claimant is considered disabled under the Social Security Act and benefits are awarded. 20 C.F.R. §§ 404.1520(d), 416.920(d). If the claimant's impairments neither meet nor equal a listed impairment, the claim cannot be resolved at step three and the evaluation proceeds to step four. 20 C.F.R. §§ 404.1520(e), 416.920(e).
In the fourth step of the evaluation process, the ALJ decides whether the claimant's residual functional capacity (“RFC”) is sufficient for the claimant to perform past relevant work. 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). An individual's RFC is her ability to do physical and mental work activities on a sustained basis despite limitations from her impairments. 20 C.F.R. §§ 404.1545, 416.945. An individual's past relevant work is work she performed within the last 15 years, or 15 years prior to the date that disability must be established, if the work was substantial gainful activity and lasted long enough for the claimant to learn to do the job. 20 C.F.R. §§ 404.1560(b), 404.1565, 416.960(b), 416.965.
In the fifth and final step, if it has been established that a claimant can no longer perform past relevant work because of his impairments, the burden shifts to the Commissioner to show that the claimant retains the ability to do alternate work and to demonstrate that such alternate work exists in significant numbers in the national economy. 20...
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