Mayweather v. Soc. Sec. Admin.
| Decision Date | 22 March 2022 |
| Docket Number | 6:20-cv-01562-AMM |
| Parties | KAREN MAYWEATHER, Plaintiff, v. SOCIAL SECURITY ADMINISTRATION, Commissioner, Defendant. |
| Court | U.S. District Court — Northern District of Alabama |
Plaintiff Karen Mayweather brings this action pursuant to the Social Security Act (the “Act”), seeking review of the decision of the Commissioner of Social Security (“Commissioner”) denying her claim for a period of disability and disability insurance benefits (“benefits”) and supplemental security income. See 42 U.S.C. §§ 405(g), 1383(c)(3). Based on the court's review of the record, the court AFFIRMS the decision of the Commissioner.
On November 14, 2018, Ms. Mayweather protectively filed an application for benefits under Title II of the Act, alleging disability as of September 1, 2018. R. 20, 51, 88, 151-55. Also on November 14, 2018, Ms. Mayweather protectively filed an application for supplemental security income under Title XVI of the Act, alleging disability as of September 1, 2018. R. 20, 156-65. Ms Mayweather alleges disability due to vein disorder, edema cellulitis, bacteria infection, high blood pressure, and limited standing ability. R. 52. She has fourteen years of education and has past relevant work experience as a garment sorter. R. 46, 54.
The Social Security Administration (“SSA”) initially denied Ms. Mayweather's applications on January 17, 2019. R. 20, 51-71, 75, 80. On February 4, 2019, Ms. Mayweather filed a request for a hearing before an Administrative Law Judge (“ALJ”). R. 20, 92-93. That request was granted. R. 94-96. Ms. Mayweather received a video hearing before ALJ Mary E. Helmer on November 7, 2019. R. 20, 32-50. At the hearing, Ms. Mayweather amended her alleged onset date to October 8, 2018. R. 20, 36. On November 27, 2019, ALJ Helmer issued a decision, finding that Ms. Mayweather was not disabled from October 8, 2018 through the date of her decision. R. 17-28. Ms. Mayweather was forty-seven years old at the time of the ALJ decision. R. 27-28.
Ms. Mayweather appealed to the Appeals Council, which denied her request for review on August 14, 2020. R. 1-3. After the Appeals Council denied Ms. Mayweather's request for review, R. 1-3, the ALJ's decision became the final decision of the Commissioner and subject to district court review. On October 7, 2020, Ms. Mayweather sought this court's review of the ALJ's decision. See Doc. 1.
The Act establishes a five-step test for the ALJ to determine disability. 20 C.F.R. §§ 404.1520, 416.920. First, the ALJ must determine whether the claimant is engaging in substantial gainful activity. 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). “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 done for pay or profit. 20 C.F.R. §§ 404.1572(b), 416.972(b). If the ALJ finds that the claimant engages in substantial gainful activity, then the claimant cannot claim disability. 20 C.F.R. §§ 404.1520(b), 416.920(b). Second, the ALJ must determine whether the claimant has a medically determinable impairment or a combination of medical impairments that significantly limits the claimant's ability to perform basic work activities. 20 C.F.R. §§ 404.1520(a)(4)(ii), (c), 416.920(a)(4)(ii), (c). Absent such impairment, the claimant may not claim disability. Id. Third, the ALJ must determine whether the claimant's impairment meets or medically equals the criteria of an impairment listed in 20 C.F.R. § 404, Subpart P, Appendix 1. See 20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, 416.926. If such criteria are met, the claimant is declared disabled. 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii).
If the claimant does not fulfill the requirements necessary to be declared disabled under the third step, the ALJ still may find disability under the next two steps of the analysis. The ALJ must first determine the claimant's residual functional capacity, which refers to the claimant's ability to work despite his impairments. 20 C.F.R. §§ 404.1520(e), 404.1545, 416.920(e), 416.945. In the fourth step, the ALJ determines whether the claimant has the residual functional capacity to perform past relevant work. 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). If the ALJ determines that the claimant is capable of performing past relevant work, then the claimant is deemed not disabled. Id. If the ALJ finds the claimant unable to perform past relevant work, then the analysis proceeds to the fifth and final step. 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). In this step, the ALJ must determine whether the claimant is able to perform any other work commensurate with his residual functional capacity, age, education, and work experience. 20 C.F.R. §§ 404.1520(g)(1), 416.920(g)(1). Here, the burden of proof shifts from the claimant to the Commissioner to prove the existence, in significant numbers, of jobs in the national economy that the claimant can do given his residual functional capacity, age, education, and work experience. 20 C.F.R. §§ 404.1520(g)(1), 404.1560(c), 416.920(g)(1), 416.960(c).
The ALJ determined that Ms. Mayweather last met the insured status requirements of the Act on December 31, 2023. R. 20, 22. Next, the ALJ found that Ms. Mayweather had not engaged in substantial gainful activity since her alleged onset date. R. 22. The ALJ decided that Ms. Mayweather had the following severe impairments: obesity and cellulitis. R. 22-23. The ALJ found that Ms. Mayweather's hypertension and gastroesophageal reflux disease were “non-severe” impairments because “the record does not show that these impairments cause more than a minimal impact on [Ms. Mayweather's] ability to function.” R. 23. Additionally, the ALJ found that “[t]he treating medical records also do not show that these impairments have caused more than minimal limitation in [Ms. Mayweather's] ability to do basic work activities for any period of twelve continuous months.” R. 23. Overall, the ALJ determined that Ms. Mayweather did not have “an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments” to support a finding of disability. R. 23.
The ALJ found that Ms. Mayweather's “statements concerning the intensity, persistence[, ] and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record.” R. 24-25. The ALJ found that Ms. Mayweather had the “residual functional capacity to perform light work” with certain limitations. R.24. The ALJ determined that Ms. Mayweather must: have no operation of foot controls; have no more than occasional climbing of ramps and stairs; never climb ladders, ropes, and scaffolds; never kneel, crouch, or crawl, though she may frequently stoop; avoid concentrated exposure to extreme wetness; and avoid all exposure to excessive vibration, unprotected heights, and hazardous machinery. R. 24.
According to the ALJ, Ms. Mayweather was “capable of performing past relevant work as a garment sorter.” R. 27. The ALJ determined that “[t]his work does not require the performance of work-related activities precluded by [Ms. Mayweather's] residual functional capacity.” R. 27.
Based on these findings, the ALJ concluded that Ms. Mayweather did not have a disability as defined in the Act, from October 8, 2018 through the date of the decision, November 27, 2019. R. 27-28. Ms. Mayweather now challenges that decision.
The relevant medical evidence in the record begins before the alleged disability onset date. However, the period relevant to the Commissioner's disability determination is October 8, 2018 through November 27, 2019.
On July 8, 2017, Ms. Mayweather presented to the After Hours Clinic in Sumiton with a complaint of right leg skin irritation and pain. R. 433. The physical exam revealed “Right lower extremity in between knee and ankle dry and flaky with several ulcerated areas and purulent drainage.” R. 434. Her wound was treated and she was given medications and instruction to follow up with her primary care physician. R. 435.
On September 5, 2018, Ms. Mayweather presented to the emergency department at Walker Baptist Medical Center complaining of cellulitis and “skin irritation and weeping from the right lower leg” for a week and a half. R. 257. Ms. Mayweather reported that this had happened twice before, and she was previously treated with topical and oral antibiotics. R. 257. Ms. Mayweather reported leg pain, fever, and nausea. R. 258. Ms. Mayweather had normal range of motion, but tenderness to her right lower leg. R. 259. She was diagnosed with “circumferential erythema and ulceration to the right lower leg, ” given an IV of Vancomycin, discharged with antibiotics, and advised to return in two days for a wound re-check. R. 260, 263. Ms. Mayweather did not follow up. R. 296.
On October 9, 2018, Ms. Mayweather presented to the emergency department at Walker Baptist Medical Center where she was admitted with “Cellulitis of right lower extremity.” R. 293. She stated that her leg looked “mildly improved” from her September visit. R. 296. The records indicate that Ms. Mayweather had R. 296. Ms. Mayweather exhibited normal range of motion, but tenderness and swelling. R. 300. She was discharged on October 13, 2018, and asked to follow up with the wound care clinic at Princeton Baptist Medical Center and also with her primary care physician. R. 293, 296.
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