Meier v. Comm'r of Soc. Sec.
| Decision Date | 06 July 2022 |
| Docket Number | Civil 1:21-CV-1680 |
| Parties | RECHELLE L. MEIER, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant |
| Court | U.S. District Court — Middle District of Pennsylvania |
Mannion Judge.
REPORT AND RECOMMENDATION
The Supreme Court has underscored for us the limited scope of our substantive 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 marks omitted). 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. See Dickinson v. Zurko, 527 U.S. 150, 153, 119 S.Ct. 1816, 144 L.Ed.2d 143 (1999) (comparing the substantial-evidence standard to the deferential clearly-erroneous standard).
Biestek v. Berryhill, 139 S.Ct. 1148, 1154 (2019).
Rechelle Meier filed an application for disability and disability insurance benefits, as well as supplemental security income under Titles II and XVI of the Social Security Act on January 29, 2019. A hearing was held before an Administrative Law Judge (“ALJ”), and the ALJ found that Meier was not disabled as of the onset date of disability of January 14, 2019 and denied her application for benefits.
Meier now appeals this decision, arguing that the ALJ's decision is not supported by substantial evidence. However, after a review of the record, and 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's findings in this case. Therefore, for the reasons set forth below, we recommend that the district court affirm the decision of the Commissioner denying this claim.
Rechelle Meier filed for disability insurance benefits, alleging disability due to hypothyroidism, fibromyalgia, asthma, deteriorating joint disease, spinal issues, heart palpitations, and hypertension. (Tr. 271). She alleged an onset date of disability of January 14, 2019. (Id.) Meier had some college education and past work as a nurses' assistant. (Tr. 272).
With respect to Meier's physical impairments, the record shows a history of back and neck pain, as well as fibromyalgia.[1] Of note, Meier was involved in two separate motor vehicle accidents-one in 2006 in which she fractured her pelvis, and one in 2011. (Tr. 881, 889). An CT scan of her brain and cervical spine after the 2011 accident were unremarkable for acute injury. (Tr. 889). Records from prior to the alleged onset date indicate that Meier was treating for fibromyalgia with Dr. Philip Benyo. (Tr. 506). At a September 21, 2018 visit, a physical examination revealed normal musculoskeletal findings. (Tr. 511). Dr. Benyo observed that Meier was stable on her medications and recommended that she diet and exercise for weight loss. (Id.)
Relevant to the alleged period of disability, treatment notes from a January 29, 2019 visit indicated that Meier was having more fibromyalgia pain, and that she was experiencing stiffness and soreness. (Tr. 501). On examination, Meier had diffuse tenderness in her upper and lower spine with diffuse spasms in her back and neck, but her gait was normal. (Tr. 503). An X-ray of Meier's cervical spine in February 2019 showed a normal examination, with no narrowing, malalignment, or significant degenerative findings. (Tr. 465). At this time, Meier began physical therapy at the Lehigh Valley Health Network. (Tr. 595). At her intake, it was noted that Meier had difficulty walking and with daily activities, and that she had started yoga and wanted to be able to do yoga with less pain. (Id.) She began aquatic therapy at this time. (Tr. 596).
In March of 2019, Dr. Benyo stated that Meier had persistent pain in her lower back, neck, and joints. (Tr. 545). Treatment notes indicated that Meier had stopped working due to her pain, but that her medication was somewhat helping to ease the pain. (Id.) It was also noted that Meier experienced increased pain after physical therapy and difficulty walking. (Id.) On examination, her neck had normal range of motion, and she had no cervical adenopathy. (Tr. 546). Dr. Benyo recommended that she continued physical therapy as tolerated. (Tr. 547). In April 2019, Meier reported increased pain at physical therapy and rated her pain a 7/10. (Tr. 580, 586). It was observed at this visit that Meier would progress from aquatic therapy to core strengthening therapy. (Tr. 582). At a follow up appointment with Dr. Benyo, it was noted that Meier was “feeling better with physical therapy.” (Tr. 557). Dr. Benyo further indicated that Meier used Vicodin to ease her pain but very sparingly. (Id.) A physical examination revealed normal range of motion in her neck, as well as some swelling and tenderness. (Tr. 558). It was again noted that Meier was stable on her medications, and she was to follow up with Dr. Benyo in one month. (Tr. 559).
In May of 2019, physical therapy notes indicate that Meier needed to be counseled on attending therapy more consistently, as she had missed eight appointments. (Tr. 835-37). At her next appointment, she reported that her pain was 8/10, but that she was working on her home program and felt that she had more motion since starting therapy. (Tr. 843). On May 16, 2019, it was noted that Meier's pain was a 9/10 after she had helped her friend with yardwork the day before her appointment. (Tr. 846). The therapist's assessment stated that Meier presented with subjective pain but no antalgic gait or difficulty with transfers or bed mobility. (Tr. 847). At a later visit in May, Meier stated that she was late to her appointment because she had a hard time getting up, but that she had plans to help clean a friend's house for four hours after her therapy session. (Tr. 849). It was noted that Meier did well during her session despite her feeling ill. (Tr. 850). Meier finished physical therapy on May 30, 2019, due to the fact that her goals were met to maximum potential. (Tr. 852). She was discharged with a home program. (Id.)
Meier saw Dr. Benyo in June of 2019 complaining of persistent pain, stiffness, and soreness. (Tr. 676). It was noted, however, that her medications eased her pain and made it tolerable. (Id.) On examination, she exhibited swelling and tenderness in her upper and lower spine, but her neck range of motion was normal. (Tr. 677). Dr. Benyo stated that Meier was stable on her medications. (Tr. 678). He also recommended diet and exercise for weight loss. (Id.) In July 2019, Meier complained of pain in her muscles and joints, and it was noted that she was using a CBD roll-on that helped ease her pain and her narcotic medication was used very sparingly. (Tr. 693). A review of her symptoms indicated that she had joint pain, joint stiffness, and muscle aches, but was negative for back pain and joint swelling. (Id.)
In August, Dr. Benyo again observed that a review of Meier's symptoms was negative for back pain and joint swelling, and that her musculoskeletal examination revealed no edema. (Tr. 705-06). At this same time in August 2019, Dr. Benyo completed a pre-employment physical examination report. (Tr. 936). On this form, Dr. Benyo circled “No” for arthritis, backache, back injury, disc disorder, and joint/tendon disorder. (Id.) Treatment notes from February of 2020 indicate that Meier was working part time as a nurse, although she was having a hard time and was tired. (Tr. 907). At this time, Dr. Benyo indicated that Meier had no edema but a review of her symptoms was positive for back pain, joint pain and stiffness, joint swelling, muscle aches, and neck pain. (Tr. 908).
At a visit in May 2020, Meier stated that she had been feeling well overall, although she felt tired at times. (Tr. 1153). It was noted that she had chronic pain but that her medications helped to alleviate it. (Id.) Dr. Benyo also stated that Meier had been working in a couple of difference places, and that her pain was increased while she was working. (Id.) A review of her symptoms was negative for back pain but positive for joint pain, stiffness, and swelling. (Tr. 1154). On examination, Meier had some swelling and tenderness in her upper and lower spine. (Id.)
In August of 2020, Meier followed up with Dr. Benyo for a medication refill and again indicated that she was feeling well, and that she had recently gone to the beach. (Tr. 1165). A review of her symptoms was negative for back pain and joint swelling, and a musculoskeletal examination revealed no edema. (Tr. 1165-66). Meier noted in September of 2020 that she was feeling well overall and needed clearance to return to work. (Tr. 1169). Dr. Benyo observed that she had recently taken a job and was trying to work more. (Id.)
It was against the backdrop of this equivocal medical opinion and clinical evidence that an ALJ conducted a hearing on Meier's disability...
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