Terry v. Saul
| Decision Date | 02 June 2021 |
| Docket Number | No. 20-CV-1133-TMP,20-CV-1133-TMP |
| Parties | RICHARD TERRY, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant. |
| Court | U.S. District Court — Western District of Tennessee |
Before the court is plaintiff Richard Terry's appeal from a final decision denying his application for supplemental security income under Title II of the Social Security Act ("the Act"), 42 U.S.C. §§ 401-34, filed on June 19, 2020. (ECF No. 1.) The parties have consented to the jurisdiction of the United States magistrate judge under 28 U.S.C. § 636(c). (ECF No. 15.) For the reasons below, the Commissioner's decision is AFFIRMED.
Plaintiff Richard Terry is a high school graduate who lives in Lexington, Tennessee. (R. at 36, 203-04.) Terry lives with a friend who provides him with shelter and support, although he buys his own food with food stamps. (R. at 204.) He most recently worked as a welder but was laid off in either 2007 or 2008 and has not worked since. (R. at 35-36.) Terry filed the instant application for disability benefits on January 10, 2018.1 (R. at 15.) His application alleges that he suffers from twelve medical conditions, including residual effects from a cerebrovascular accident, cerebellar ataxia, diplopia, reactive depression, anxiety, memory problems, long-term anticoagulant use, chronic obstructive pulmonary disease ("COPD"), neuropathy, swelling of the feet and the hands, being consistently out of breath, and an inability to pick things up. (R. at 220.) His application alleged that he became disabled on November 5, 2016, but his disability onset date was later amended to September 20, 2018. (R. at 34, 203.) After his claim was denied initially and on reconsideration, Terry requested a hearing before an ALJ. (R. at 115-17.) Accordingly, a video hearing was held on May 17, 2019. (R. at 30.) Terry and Nancy Hughes, a vocational expert, testified at the hearing. (R. at 31.)
According to testimony at the hearing, Terry's disability began on September 20, 2018. (R. at 34.) Prior to that date, Terry testified that he had experienced "a few episodes of blacking out and falling." (R. at 37-38.) On September 20, 2018, Pat - apparently Terry's landlord and roommate - discovered him in anincapacitated state and called an ambulance. (R. at 38.) Initially, Terry refused to go to the hospital, but he testified that he ultimately agreed to get in the ambulance. (R. at 38.) The next thing he remembered was waking up at Jackson General Hospital. (R. at 38.) According to Terry, he suffered a cardiac arrest, respiratory failure, and renal failure. (R. at 38.) He was placed on a ventilator and needed to be resuscitated. (R. at 38.) At one point, he was considered medically dead. (R. at 38-39.)
Terry testified that he was discharged from the hospital the following month and was prescribed a cane. (R. at 39.) He was readmitted to the hospital on October 16, 2019, with bilateral pulmonary embolism ("PE") and deep vein thrombosis ("DVT"). (R. at 650.) At that point, an inferior vena cava filter ("IVC filter") was inserted into his lungs to treat his PE and DVT. (R. at 650.) Terry's discharge report describes his condition as "improved and quite stable hemodynamically" and noted that Terry "verbalized understanding that despite hd being stable there is still risk of progression and still agreed with conservative management." (R. at 662.) Terry's IVC filter was removed later that month. (R. at 41.)
Terry testified that he relies on a cane to get around, although he can go short distances in his home without it because there are things he can hold onto for support. (R. at 39.) He also testified that he has been more forgetful since his cardiac arrest and that his vision has gotten noticeably worse. (R. at 39-40.) Asa result, his doctor recommended that he stop driving. (R. at 40.) He also suffers from bad headaches and testified that one side of his face (which has paralysis stemming from a stroke he suffered in 2012) has "weird nervous feelings" that "feel[] like someone's piercing [his] ear occasionally." (R. at 40-41.) He testified that his headaches are more manageable when he is not wearing his glasses but that he cannot see at all without them. (R. at 41.) Although he has never been formally diagnosed, Terry testified that his doctor informed him that he has arthritis in his back. (R. at 42.) He testified that his hands are in constant pain and that, because of his back, he cannot pick up anything heavy and can hardly walk.2 (R. at 42.) He is prescribed Gabapentin and Hydrocodone to manage the pain. (R. at 42, 44.) On the average day, Terry testified that his pain ranges between a five and seven out of ten. (R. at 45.) He testified that he can only stand for five or ten minutes before needing to sit down and that he can only sit for thirty minutes before needing to move around. (R. at 42-43.) Additionally, he testified that he suffers from a blood disorder that makes him prone to blood clots. (R. at 47.) As a result, he spends most of his day in a recliner with his legs elevated. (R. at 47.) In addition to his physical ailments, Terrytestified that he suffers from depression and anxiety. (R. at 45.) He is prescribed medication for both. (R. at 45.) According to Terry, he feels like he cannot breathe when he goes outside and is surrounded by people. (R. at 45.) Also, he testified he cannot concentrate or focus on tasks and he quickly forgets information relayed to him. (R. at 46.)
(R. at 51.) According to Hughes, that person could not work any jobs in the national economy. (R. at 51.) Counsel for Terry did not ask Hughes any follow up questions on cross-examination.
On June 14, 2019, the ALJ issued a written decision denying Terry's request for benefits. (R. at 24.) The ALJ followed the Five Step process to reach his decision. At Step One, the ALJ observed that Terry has not engaged in any substantial gainful activity since January 10, 2018. (R. at 17.) At Step Two, the ALJ found that Terry suffers from several severe impairments, including peripheral vascular disease, COPD, peripheral neuropathy, dysfunction of major joints, fracture of the lower extremity, obesity, and a history of vascular insult to the brain. (R. at 17.) In reaching this finding, the ALJ considered that Terry suffers from depressive and anxiety disorders but observed that,based on four broad categories of mental functioning, these disorders result in no more than "mild" limitations and are thus non-severe. (R. at 18.)
At Step Three, the ALJ opined that Terry's impairments (or any combination thereof) did not meet or medically equal the severity of any of the impairments listed in 20 CFR Part 404, Subpart P, Appendix 1. (R. at 18.) At this step, the ALJ considered how Terry's obesity might impact his ability to work and perform activities of daily living. (R. at 18-19.) The ALJ also found that Terry's COPD does not constitute chronic pulmonary insufficiency (Listing 3.02), that he does not suffer from peripheral arterial disease (Listing 4.12), that he did not suffer a central nervous system vascular accident in conjunction with any of the necessary conditions to be considered disabling (Listing 11.04), that his symptoms do not satisfy the conditions for peripheral neuropathy (Listing 11.14), that he can still ambulate and perform fine and gross movements effectively and thus does not suffer from major dysfunction of a joint (Listing 1.02), and that there is no evidence suggesting that he has a fractured femur, tibia, pelvis, or tarsal bones (Listing 1.06). (R. at 19.)
Next, the ALJ concluded that Terry had the residual functional capacity ("RFC") to perform sedentary work as it is defined by 20 CFR § 416.967(a) with the following modifications: he can "stand/walk with assistance of ambulatory device; never climbladders, ropes, or scaffolds; occasionally climb...
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