Temple v. Saul
| Decision Date | 18 August 2020 |
| Docket Number | Civil Action No. 19-19243 (FLW) |
| Parties | MARGARET TEMPLE, Appellant, v. ANDREW SAUL, Commissioner of Social Security Appellee. |
| Court | U.S. District Court — District of New Jersey |
*NOT FOR PUBLICATION*
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Appellant Margaret Temple ("Appellant" or "Temple") challenges Social Security Administration Commissioner Andrew Saul's ("Appellee" or "Commissioner") determination that she is not eligible for Disability Insurance Benefits ("DIB") under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. Because substantial evidence supports the Administrative Law Judge's ("ALJ") determination, this appeal is DISMISSED.
On August 28, 2014, Temple filed for DIB with the Social Security Administration ("SSA"), alleging a disability that began around January 2012, when she tripped on a mat at work and fell "head first into a concrete wall." See Administrative Record ("A.R.") 11, 345. Temple returned to her job as an administrative clerk for Catholic Charities in March of that year, managing her pain with a combination of muscle relaxants, anti-inflammatories, and Neurotin. See A.R. 457. A lumbar MRI conducted in May showed multi-level degenerative changes to her spine, a cervical MRI showed a herniated disc, and an electromyogram showed nerve damage in her wrist. Id. 429, 431. Temple underwent a cervical discectomy in August 2012 to repair the herniation, id. 388, 432, after which she was "generally doing well" despite swelling in her neck. Id. 357. Prior to her accident, Temple had undergone a discectomy and facetectomy, id. 433, which involved decompressing damaged discs along her spine, and a laminectomy, where a herniated disc in her thoracic spine "could not be corrected because it was too close to [the] spinal cord." Id. 54. Temple's fall exacerbated "her baseline pain" from these preexisting injuries. Id. 423.
Through 2013, Temple continued to manage her pain with Neurontin, which doctors said provided "quite a bit of relief." Id. 314. The Orthopedic Spine Institute observed that she could stand up without difficulty and walk with a normal gait. Id. 304. Examinations in 2014 likewise showed no walking impairments, id. 467, 470, and Temple felt "well" around this time, id. 467, 469, even though she had developed reduced lumbar spine flexion, id. 498, 501, 504, peripheral polyneuropathy, id. 306, and carpel tunnel syndrome. Id. 304. Through 2017, Temple reported that her pain remained under control, maintained a normal gait, and continued to stand up without difficulty. Id. 604, 621, 625, 647-664.
Three doctors examined Temple in connection with her injuries. See id. 438-44. Dr. Vijaykumar Kulkarni conducted his examination on January 13, 2014, after Temple filed for worker's compensation. He concluded that Temple is totally disabled. Id. 443. Dr. Betty Vekhnis examined Temple on December 16, 2014. Id. 488. Although Dr. Vekhnis determined that Temple has a history of cervical fusions, neck and lower back pain, radicular pain, and difficulty using her hands repetitively, she did not offer an opinion as to whether Temple is disabled, nor did she draw any conclusions about the extent to which Temple's impairments functionally limit her ability to work. Temple's regular pain management specialist, Eric Freeman, partially completed a medicalsource statement, indicating that Temple has a limited ability to lift, carry, sit, stand, and walk. But, like Dr. Vekhnis, Dr. Freeman did not draw a conclusion as to Appellant's functional capacity. Id. 495. Mohammad Rizwan, a doctor with the state agency that evaluated Temple's worker's compensation claim, reviewed Temple's medical records in July 2015. He concluded that Temple is able to lift and carry twenty pounds occasionally and ten pounds frequently, stand or walk for five out of eight hours, and sit for six out of eight hours, which is consistent with the SSA's definition of light work. Id. 82-83. After an extensive evaluation, physical therapist Timothy Hatt similarly found that Temple can perform light work. Id. 335.
In connection with her application for DIB, Temple testified as to her daily routine and physical limitations. See A.R. 32-60. Generally, Temple stated that she is "always in pain" in her neck, down her back and left leg, into her foot, where she feels numbness, in both wrists, and in her fingers when she tries to grasp things. Id. 34, 41-42, 45, 56-59. To "somewhat subside" the pain she takes Vicodin four times daily, as well as a muscle relaxer, the combination of which causes tiredness and irritability, prevents her from driving, id. 62, and causes her to fall asleep while reading or watching TV. Id. 42-44. She stated that she cannot turn her head more than forty-five degrees or repetitively. Id. 48-49.
In terms of daily activities, Temple shops, but only lightly. Id. 36-37. She cleans the house, but only "surfaces." Id. 37, 49. She used to help her husband mow the lawn, but "can't do that anymore." Id. 49. She cooks only simple meals and does not garden. Id. She sleeps in her bed now, but used to sleep in a recliner on the first floor of her house because "it was too tough going up the stairs." Id. 52, 63. Temple can write for "about ten minutes" before her fingers feel numb, but the numbness subsides shortly thereafter. Id. 45. Even so, she has difficulty doing repetitive thingswith her hands, id. 46, 59, like typing for longer than thirty minutes, id., opening a jar, id. 50, or fastening buttons. Id. She Id. For the same reason, she is unable to lose weight, is "lucky" if she can walk a block, although she visits her in-laws nearby, id. 39, and cannot sit for longer than an hour. Id. 55. She does not go to church or volunteer. Id. 38. Despite her pain, Temple is able to read for short periods of time, do crossword puzzles, bathe herself, although she keeps her hair short so that she is able to reach behind her head to wash it, id. 51, and do laundry with some help from her daughter, including carrying the laundry basket up and down the stairs. Id. 37-38, 51, 53.
The state agency responsible for making disability determinations denied Temple's claim for worker's compensation on January 7, 2015. See A.R. 14, 89-93, 96-98; Mot. to Remand, at 2. Temple then applied for DIB with the SSA. After a hearing on March 13, 2018, the ALJ determined that, although Temple has degenerative disc disease and is obese, she is not eligible for DIB. See A.R. 11-20. The ALJ did not credit the medical opinions of Drs. Kulkarni, Vekhnis, and Freeman, instead granting "significant weight" to the state medical consultant and physical therapist. Id. The ALJ also did not credit Temple's testimony as to her chronic pain and fatigue, and the side effects of her pain medication, which he deemed to be inconsistent with the medical evidence. Id. 18. In making these determinations, the ALJ applied the standard five-step process outlined in 20 C.F.R. § 404.1520. See infra. The Appeals Council rejected Temple's request for review on September 4, 2019, see A.R. 1-6, and the ALJ's decision was adopted as the Commissioner's final decision.
Temple now appeals, arguing that the ALJ "discounted and ignored relevant probative evidence . . . rejected the medical opinions of the treating physicians regarding the nature and severity of [her] impairments," and did not properly question the vocational expert, who testifiedthat Temple could perform her past relevant work as an administrative clerk, as that job is defined in the Dictionary of Occupational Titles ("DOT"). Mot. to Remand, at 2, 5. The Commissioner opposes Temple's motion.
In order to qualify for DIB, a person must be disabled, as defined by the Social Security Act and subsequent regulations. Title XVI of the Act defines disability as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 1382c(a)(3)(A). Using this definition, the SSA applies a five-step test to determine whether a person is disabled. See 20 C.F.R. § 404.1520; Sullivan v. Zebley, 493 U.S. 521, 526 (1990); Williams v. Sullivan, 970 F.2d 1178, 1181 (3d Cir. 1992).
At Step one, the ALJ determines whether the claimant is currently engaged in "substantial gainful activity," 20 C.F.R. § 404.1520(a), as defined in the regulations. See 20 C.F.R. § 220.141. If so, her application is denied. See Bowen v. Yuckert, 482 U.S. 137, 146-47 n.5 (1987). If not, at Step two, the claimant must show that she suffers from a "severe impairment" or "combination of impairments," 20 C.F.R. § 404.1520(c); Bowen, 482 U.S. at 146-47 n.5, which limits her ability to do "basic work activities" such as "walking, standing, sitting, lifting, pushing, pulling, reaching, carrying or handling." 20 C.F.R. § 404.1521(b). If her impairment is severe, then at Step three the claimant must demonstrate that her disability meets or equals an impairment listed in 20 C.F.R. Pt. 404, App. 1 ("Listing of Impairments"). 20 C.F.R. § 404.1520(a)(4)(iii). Here, the ALJ often enlists experts to explain relevant medical evidence. See, e.g., Burns v. Barnhart, 312 F.3d 113, 119 (3d Cir. 2002). If the impairment meets or equals a listed impairment, then the claimant isconsidered disabled per se and ALJ's inquiry ends. See Plummer v. Apfel, 186 F.3d 422, 428 (3d Cir. 1999). But if the claimant fails to show that her disability meets a listed impairment, then at Step four she must demonstrate that she lacks sufficient residual functional capacity to perform past relevant work. 20 C.F.R. § 404.1520(e). Residual functional capacity is defined as "what a [claimant]...
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