Strawn v. Comm'r of Soc. Sec.

• Court: U.S. District Court — Western District of Tennessee
• Writing for the Court: TU M. PHAM CHIEF UNITED STATES MAGISTRATE JUDGE
• Decision Date: 09 August 2021
• Docket Number: 20-cv-1065-TMP
• Citation: Strawn v. Comm'r of Soc. Sec., 20-cv-1065-TMP (W.D. Tenn. Aug 09, 2021)
• Parties: SONYA STRAWN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

SONYA STRAWN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

No. 20-cv-1065-TMP

United States District Court, W.D. Tennessee, Eastern Division

August 9, 2021

ORDER AFFIRMING THE COMMISSIONER'S DECISION

TU M PHAM CHIEF UNITED STATES MAGISTRATE JUDGE

On March 23, 2020, Sonya Strawn filed a Complaint seeking judicial review of a social security decision.^[1] (ECF No. 1.) Strawn seeks to appeal from a final decision of the Commissioner of Social Security (“Commissioner”) denying her disability insurance benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401-34. For the reasons below, the decision of the Commissioner is AFFIRMED.

I. BACKGROUND

On May 14, 2017, Strawn submitted an application for Social Security Disability Insurance (“SSDI”) benefits under Title II of the Act. (R. 99, 259-60.) The application, which alleged an onset date of February 5, 2017, was denied initially and on reconsideration. (R. 99, 158, 180.) Strawn then requested a hearing, which was held before an Administrative Law Judge (“ALJ”) on February 1, 2019. (R. 99, 116-43.)

After considering the record and the testimony given at the hearing, the ALJ used the five-step analysis to conclude that Strawn was not disabled from February 5, 2017, through the date of the ALJ's decision. (R. 99-109.) At the first step, the ALJ found that “[Strawn] has not engaged in substantial gainful activity since February 5, 2017, the alleged onset date.” (R. 101.) At the second step, the ALJ concluded that Strawn suffers from the following severe impairments: cervical degenerative disc disease, lumbar degenerative disc disease, status-post laminectomy and fusion, and chronic obstructive pulmonary disease (“COPD”). (R. 101.) The ALJ determined that Strawn's gastrointestinal disorder was non-severe because “the record does not indicate this is associated with more than minimal work-related functional limitations.” (R. 101.) The ALJ similarly found that “[Strawn's] medically determinable mental impairments of depression and anxiety, considered singly and in combination, do not cause more than minimal limitation in [Strawn's] ability to perform basic mental work activities and are therefore non-severe.” (R. 102.)

At the third step, the ALJ concluded that Strawn's impairments do not meet or medically equal, either alone or in the aggregate, the severity of one of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. (R. 103.) Accordingly, the ALJ had to then determine whether Strawn retained the residual functional capacity (“RFC”) to perform past relevant work or could adjust to other work. The ALJ found that:

[Strawn] has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except she can perform postural activities on an occasional basis and perform occasional overhead reaching.

(R. 103.) Pursuant to 20 C.F.R. § 404.1567(b), light work “involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds.” Additionally, the light work category includes jobs “requir[ing] a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls.” 20 C.F.R. § 404.1567(b).

In reaching this RFC determination, the ALJ discussed Strawn's testimony and the medical evidence in the record. (R. 104-07.) The ALJ summarized Strawn's account of her symptoms and condition as follows:

[Strawn] reported constant back pain as well as muscle weakness in her legs, arms, and back. She reported she was unable to lift more than 20 pounds. She reported that she is unable to squat, bend, and twist and has pain with climbing stairs and kneeling. She alleged she is able to walk approximately 500 feet before needing to stop and rest due to shortness of breath and back pain. She also reported pain in her arms and neck when she reaches up and down. The claimant testified that she has neuropathy that goes down her legs to her feet and muscle cramps that last 20 minutes to an hour at a time on an average of four times per week. She also has reported side effects of medication including loss of appetite, drowsiness, constipation, mood change, slurred speech, and loss of concentration and memory.

(R. 104 (internal citations omitted).) Upon review of the evidence, the ALJ found that “[Strawn's] medically determinable impairments could reasonably be expected to cause the alleged symptoms, ” but determined that “[Strawn'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. 104.)

The ALJ then discussed Strawn's treatment history, summarizing as follows:

Strawn has a history of back pain dating back to a 2014 injury at work (Ex. 5F). [Strawn] reported she was doing relatively well until she experienced an exacerbation in her back pain at work when attempting to climb a stair in February 2017 (Ex. 3F at 8). She was treated with a steroid injection and a week of physical therapy (Ex. 3F at 8). On examination in February 2017, [Strawn] had an antalgic gait on the left, though she was able to heel and toe walk normally (Ex. 2F at 23). There was no spasm, and motion was without pain, crepitus, or evident instability (Ex. 2F at 23). Straight leg raise on the right produced no back or leg pain (Ex. 2F at 23). Seated straight leg raise on the left produced leg pain below the knee (Ex. 2F at 23). A March 2017 MRI of the lumbar spine showed disc herniation at ¶ 4-5 which resulted in bilateral lateral recess stenosis and in moderate to severe central canal stenosis (Ex. 2F at 9; 7F at 20). A May 2017 MRI of the cervical spine showed severe foraminal stenosis at ¶ 4-5, a mild disc bulge and moderate to severe left neural foraminal stenosis and mild to moderate central canal stenosis at CS-6, moderate to severe right neural foraminal stenosis at ¶ 3-4, and severe left neural foraminal stenosis at ¶ 2-3 (Ex. 7F at 13). In May 2017, [Strawn] underwent an L4-5 laminectomy (Ex. 6F).

Post-surgery, she exhibited improvement on examination. For example, on examination of her lumbar spine in July 2017, musculature was non-tender to palpation, range of motion was normal strength was normal, there was no muscle atrophy, and straight leg raise was negative bilaterally (Ex. 14F at 27). Her gait and station was normal as well (Ex. 14F at 28). Radiology results of her cervical and lumbar spine showed no significant abnormalities (Ex. 14F at 28).

(R. 104.) The ALJ additionally commented that in August 2017, “[Strawn] reported that her back was ‘somewhat better' with ‘not as much pain,' but that occasionally slight movement will cause here to have problems for two to three days.” (R. 104, 674.)

The ALJ acknowledged Strawn's complaints of pain, burning paresthesias, and weakness in the upper and lower limbs. (R. 105, 680.) In October 2017, an EMG/NCS study of both upper limbs was normal and demonstrated no median or ulnar neuropathy and no peripheral nerve explanation for Strawn's symptoms. (R. 105, 680.) An MRI of the lumbar spine, dated October 12, 2017, showed “L4 postoperative changes” of “small synovial cysts” medial to the left facet joint. (R. 105, 799.) The MRI also demonstrated contact on the L5 nerve roots without compression and evidence of granulation tissue in the ventral epidural space. (R. 105, 799.) The ALJ noted, however, that despite ongoing complaints following surgery in December 2017, “[Strawn's] lumbar spine examination was within normal limits, including negative straight leg raise, her gait was normal, and she [had] full strength and intact sensation to light touch.” (R. 105, 811-14.)

The ALJ acknowledged that Strawn's treatment history also included injections and physical therapy. (R. 105, 727, 806.) The ALJ then discussed records from Strawn's treatment with Dr. David McCord:

[Strawn] showed abnormalities on examination with David McCord, M.D. in December 2017, with increased back pain with straight leg raises on the right elevated to 40 degrees and on the left elevated to 25 degrees, as well as antalgic gait (Ex. l7F at 9). In March 2018, she underwent an L3-Sl fusion (Ex. 21F). At her first followup visit, she was “overall doing well” and was “staying active and walking two miles a day” (Ex. 22F at 4). On range of motion testing, she was able to twist to 30 degrees and reach fingertips to her knees (Ex. 22F at 4). She was able to hop without overt problems (Ex. 22F at 4). She had no motor weakness or sensory loss (Ex. 22F at 4). Her x-rays “looked good” (Ex. 22F at 4). Dr. McCord concluded that since she was doing well, he would follow her on a “conservative basis” (Ex. 22F at 4).

(R. 105.) An MRI of the lumbar spine in November 2018 showed “moderate disc space narrowing and disc desiccation at ¶ 1-2, ” “mild-to-moderate disc space narrowing and disc desiccation at ¶ 2-3” and “straightening of the lumbar lordosis” likely related to multilevel fusion. (R. 105, 1071.) No stenosis was shown. (R. 105, 1069.)

The ALJ emphasized that Dr. McCord stated in a treatment record dated November 1, 2018, it was “not obvious at all what is bothering her, ” as her complaints “in part do not seem perfectly anatomic.” (R. 105, 1069.) The ALJ also noted that when Strawn presented for treatment at a pain clinic in December 2018, she was “ambulating normally” but “exhibited decreased sensation on the left lower extremity” and “was tender along the midline and bilateral spinous processes of the lumbar spine.” (R. 105, 118081.) The ALJ additionally stated as follows:

The record consistently shows normal gait on examinations following her first back surgery (Ex. 13F at 8; 14F at 22, 28, 33, 39, 46, and 55

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