Stogner v. Comm'r of the Soc. Sec. Admin.
| Decision Date | 08 March 2018 |
| Docket Number | No. 9:16-CV-00063,9:16-CV-00063 |
| Court | U.S. District Court — Eastern District of Texas |
| Parties | DONALD TERRY STOGNER, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. |
Plaintiff, Donald Terry Stogner, requests judicial review of a final decision of the Commissioner of Social Security Administration with respect to his application for disability-based benefits. In accordance with the provisions of 28 U.S.C. § 636(c), the parties in this case have consented to have a United States Magistrate Judge conduct all proceedings, including trial, entry of a final judgment, and all post-judgment proceedings. The undersigned finds that the administrative law judge's decision lacks reversible error and is supported by substantial evidence. The administrative law judge's decision denying benefits is affirmed.
Donald Terry Stogner is 63 years old and last worked full-time on September 27, 2012, at a bar where he was fired by his boss after having a disagreement with a customer. Stogner surmised that he wouldn't have been able to work at the bar much longer after his termination due to the fact that he had been previously injured his back and shoulder while on the job. He had tears in the labrum of his right shoulder and had those surgically repaired in March 2014. Stogner testified that he was undergoing physical therapy but still couldn't raise his arm above his shoulder. Stogner also complained about problems with his back and has stated that his lower back had been troubling him for a number of years due to the physical work that he previously performed as a painter.
After the shoulder injury and his termination from work, Stogner was treated by Dr. Brian Spore, D.O. who opined on February 27, 2013, that Stogner had decreased range of motion in his neck, slightly weak grip strength, and decreased range of motion in his back. On March 23, 2013, Stogner was examined by Dr. Jerry Loving, D.O. at the request of the Administration. Although he complained of pain in his neck and back, he acknowledged that he had received no treatment other than prescription strength pain medication. Dr. Loving opined that Stogner had only mild limitations in walking, standing, lifting, and carrying. Stogner subsequently underwent an MRI on his right shoulder in January 2014, which indicated a tear in his rotator cuff. He confirmed that he underwent arthroscopic surgery on his right shoulder and had been taking hydrocodone since that time for shoulder-related discomfort.
Stogner also contends that he is disabled due to anxiety and anger issues. He began treatment for these problems at the local VA clinic after his alleged onset date of September 27, 2012. He saw Frankie Clark, Ph.D. for a psychological evaluation on January 24, 2013, and advised Dr. Clark that he was applying for disability because of issues with anger, anxiety, and being a perfectionist. He further advised that he had a history of driving under the influence and had been charged with possession in the past. Dr. Clark assessed Stogner as having anxiety disorder and alcohol abuse in partial sustained remission.
On February 5, 2013, Stogner underwent an initial evaluation for psychiatric care at a Veterans' Administration Clinic and was diagnosed with depression and anxiety. On February 25,2013, he advised a VA psychiatrist that he gets easily aggravated when drinking and stated that he could quit drinking if he wanted to. The VA psychiatrist felt that Stogner was downplaying his alcohol problem and indicated that his issues with anxiety would be difficult to treat as long as he continued to drink.
Although Stogner alleges that his physical impairments interfere with his ability to lift, stand, walk, bend, climb, and squat, he acknowledged that he shops in stores, manages his finances, drives, cooks, loads and unloads the dishwasher, sweeps, mows the yard, and performs self-care and personal hygiene tasks. Stogner spends most of his time at home, watching television and spending time on his computer. Stogner testified that he has not had any emergency medical treatment or overnight hospitalizations related to his back and shoulder since he last worked.
Stogner protectively applied for disability, Disability Insurance Benefits ("DIB"), and supplemental security income on October 1, 2012, alleging disability beginning September 27, 2012, due to degenerative disc disease, pain in upper back, shoulder, neck, carpal tunnel syndrome, high cholesterol, anger, and anxiety.1 (Tr. 19, 239). The claims were denied initially on April 3, 2013, and upon reconsideration on July 9, 2013. Stogner then timely filed a request for a hearing before an Administrative Law Judge (ALJ) and a hearing was held on May 5, 2014.
The ALJ utilized the five- step sequential evaluation process for determining whether Stogner was disabled. See 20 C.F.R. §§ 404.1520(a) and 416.920(a). At step one, the ALJ must determine whether a claimant is engaging in substantial gainful activity (SGA). If an individual engages in SGA, he is not disabled regardless of how severe his physical or mental impairments are and regardless of his age, education, and work experience. If an individual is not engaging in SGA, the analysis proceeds to the second step. At step two, the ALJ must determine whether the claimant has a medically determinable impairment that is "severe" or a combination of impairments that is "severe." 20 C.F.R. §§ 404.1520(c) and 416.920(c). If the claimant does not have a severe medically determinable impairment or combination of impairments, he is not disabled. If the claimant does have a severe impairment or combination of impairments, the analysis proceeds to the third step. At step three, the ALJ must determine whether the claimant's impairment of combination of impairments meets or medically equals the criteria of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1526, 416.920(d), 416.925, and 416.926). If his impairment or combination of impairments meets or medically equals the criteria of a listing and meets the duration requirement, the claimant is disabled. 20 C.F.R. §§ 404.1509 and 416.909. If it does not, the analysis proceeds to the next step. Before proceeding to step four of the sequential evaluation process, the ALJ must first determine the claimant's residual functional capacity, which is his ability to do physical and mental work activities on a sustained basis despite limitations from his impairments. All of the claimant's impairments are to be considered, including impairments that are not severe. At step four, the ALJ must determine whether the claimant has the residual functional capacity to perform therequirements of his past relevant work. 20 C.F.R. §§ 404.1520(f) and 416.920(f). If the claimant has the residual functional capacity to do his past relevant work, he is not disabled. If the claimant is unable to do any past relevant work or does not have any past relevant work, the analysis proceeds to the last step. At the last step of the sequential evaluation process, the ALJ must determine whether the claimant is able to do any other work considering his residual functional capacity, age, education, and work experience. If the claimant is able to do other work, he is not disabled. If the claimant is not able to do other work and meets the duration requirement, he is disabled. 20 C.F.R. §§ 404.1520(g) and 416.920(g).
Finally, if a claimant is disabled and there is medical evidence of a substance use disorder, the ALJ must determine if the substance use disorder is a contributing factor material to the determination of disability. In making this determination, the ALJ must evaluate the extent to which the claimant's mental and physical limitations would remain if the claimant stopped the substance use. If the remaining limitations would not be disabling, the substance use disorder is a contributing factor material to the determination of disability and the claimant is not disabled under the Act. See 20 C.F.R. §§ 404.1535 and 416.935.
At step one, the ALJ determined that Stogner has not engaged in substantial gainful activity since September 27, 2012, the alleged onset date. At step two, the ALJ found that Stogner had the following severe impairments: obesity; degenerative joint disease of the right shoulder status post arthroscopic surgery in March 2014; degenerative disc disease; depression; anxiety; and alcohol abuse. His impairments of hypertension and hearing loss were determined to be non-severeimpairments.
At step three, the ALJ found that Stogner's impairments, including the substance use disorder, met sections 12.04, 12.06, and 12.09 of 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d) and 416.920(d). The ALJ determined that Stogner had marked restrictions in his activities of daily living; marked difficulties in social functioning; moderate difficulties with regard to concentration, persistence, or pace; and has experienced one to two episodes of decompensation. The ALJ determined that Stogner was disabled at step three, finding that "during periods when the claimant consumed alcohol, the combined effects of his depression, anxiety, and the alcohol use met the listings at 12.04, 12.06, and 12.09, through the 'paragraph B' criteria."
The ALJ further found that, in her opinion, if Stogner stopped the substance use, the remaining limitations (the physical impairments) would cause more than a minimal impact on his ability to perform basic work activities; therefore, he would continue to have a severe impairment or combination of impairments. However, his depression and anxiety, absent heavy drinking, would be non-severe. The ALJ further found that if Stogner stopped the substance use, he would have the residual functional capacity to perform...
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