0:25-cv-01385•Case Name in Social Security Case - Unavailable
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Richard H., Plaintiff, v. Frank Bisignano, Commissioner of Social Security, Defendant. 0:25-cv-01385-NEB-EMB REPORT AND RECOMMENDATION Plaintiff seeks judicial review of the final administrative decision of the Commissioner of Social Security (“Commissioner”) pursuant to 42 U.S.C. § 405(g). This matter was referred to the undersigned Magistrate Judge for a Report and Recommendation by the District Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1(c). The Court considers the matter on the parties’ briefs (Dkt. Nos. 10, 15, and 16). See Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g), R. 5. For the reasons discussed below, it is recommended that Plaintiff’s request for relief be DENIED, and the Complaint be DISMISSED with prejudice. CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 1 of 15
2 I. BACKGROUND On December 8, 2022, Plaintiff Richard H.1 filed an application for disability insurance benefits, alleging disability beginning on June 17, 2011. (Admin. R. (Dkt. No. 8) at 225.)2 In his application, Plaintiff alleged that he became disabled because of autism and post-traumatic stress disorder. (Id. at 199.) An individual is considered disabled for purposes of Social Security disability benefits if he is “unable 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 twelve months.” 42 U.S.C. § 423(d)(1)(A). In addition, an individual is disabled “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” Id. § 423(d)(2)(A). “[A] physical or mental impairment is an impairment that results from 1 This District has adopted the policy of using only the first name and last initial of any nongovernmental parties in orders in Social Security matters. 2 All page numbers to record citations refer to the ECF-created numbers at the top of each page. CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 2 of 15
3 anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” Id. § 423(d)(3). The Commissioner has established a sequential, five-step evaluation process to determine whether an individual is disabled. See 20 C.F.R. § 404.1520(a)(4). At step one, the claimant must establish that he is not engaged in any “substantial gainful activity.” Id. § 404.1520(a)(4)(i). If he is not, the claimant must then establish that he has a severe medically determinable impairment or combination of impairments at step two. Id. § 404.1520(a)(4)(ii). At step three, the Commissioner must find that the claimant is disabled if the claimant satisfies the first two steps and the claimant’s impairment meets or is medically equal to one of the listings in 20 C.F.R. Pt. 404, Subpart P, App’x 1. Id. § 404.1520(a)(4)(iii). If the claimant’s impairment does not meet or is not medically equal to one of the listings, the evaluation proceeds to step four. At that juncture, the claimant bears the burden of establishing his residual functional capacity (“RFC”) and proving that he cannot perform any past relevant work. Id. § 404.1520(a)(4)(iv); see also Young v. Apfel, 221 F.3d 1065, 1069 n.5 (8th Cir. 2000). If the claimant proves he is unable to perform any past relevant work, the burden shifts to the Commissioner to establish at step five that the claimant can perform other work existing in a significant number of jobs in the national economy. CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 3 of 15
4 20 C.F.R. § 404.1520(a)(4)(v); see also Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987). If the claimant can perform such work, the Commissioner will find that the claimant is not disabled. 20 C.F.R. § 404.1520(a)(4)(v). Plaintiff’s application for benefits was denied initially and on reconsideration. (Admin R. at 79-97.) On December 21, 2023, at Plaintiff’s request, an Administrative Law Judge (“ALJ”) held a telephone hearing on Plaintiff’s application. (Id. at 33.) Plaintiff testified and was represented by Kelly Blad at this hearing. (Id. at 55–78.) Thereafter, the ALJ issued her written decision. (Id. at 33–50.) The ALJ determined that Plaintiff had several severe impairments: autism spectrum disorder and generalized anxiety disorder. (Id. at 36.) Further, the ALJ determined that Plaintiff has the RFC to perform a full range of work at all exertional levels with the following limitations: “The claimant is able to understand, remember and carryout simple, routine and repetitive instructions; tolerate occasional interaction with supervisors and coworkers, but is not able to perform tandem or coordinated tasks with coworkers; tolerate brief and superficial interaction with the general public; and tolerate occasional changes to a work setting.” (Id. at 39.) After considering testimony from a vocational expert (“VE”), the ALJ determined that there were jobs that Plaintiff could perform available in CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 4 of 15
5 sufficient numbers in the national economy and therefore found that Plaintiff was not disabled. (Id. at 50.) The Appeals Council denied Plaintiff’s request for review of the ALJ’s decision, and this lawsuit followed. See 42 U.S.C. § 405(g) (providing for judicial review of final decisions of the Commissioner of the Social Security Administration). II. DISCUSSION Judicial review of the Commissioner’s decision is limited to determining whether that decision is “supported by substantial evidence on the record as a whole,” McKinney v. Apfel, 228 F.3d 860, 863 (8th Cir. 2000), or whether the ALJ’s decision resulted from a legal error, Nash v. Comm’r, Soc. Sec. Admin., 907 F.3d 1086, 1089 (8th Cir. 2018). “Substantial evidence . . . is more than a mere scintilla.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (quotation omitted). It is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)). This “threshold . . . is not high.” Biestek, 587 U.S. at 103. “If, after reviewing the record, the court finds it is possible to draw two inconsistent positions from the evidence and one of those positions represents the [ALJ’s] findings, the court must affirm the [ALJ’s] decision.” Perks v. Astrue, 687 F.3d 1086, 1091 (8th Cir. 2012) (quotation omitted). CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 5 of 15
6 Plaintiff challenges only the ALJ’s determination of his RFC. (Dkt. No. 10 at 6–13.) Namely, he argues that the ALJ erred in finding an RFC with only “occasional” interaction with supervisors rather than “occasional and superficial” interaction with supervisors. (Dkt. No. 16 at 3–4.) As a result of the omission of the “superficial interaction” limitation in the RFC, Plaintiff argues it is impossible to know whether the RFC accurately represents Richard H.’s ability to work. (Dkt. No. 10 at 13.) The ALJ must determine the claimant’s RFC pursuant to 20 C.F.R. § 404.1520(e). The RFC is the most an individual can do in a work setting despite his limitations due to any impairments and related symptoms. 20 C.F.R. § 404.1545(a)(1). The ALJ must consider all the claimant’s impairments, severe and not severe, in determining the RFC. 20 C.F.R. § 404.1520(e) and 404.1545. After determining Plaintiff’s RFC, the ALJ used the RFC to question a VE and determine that Plaintiff could not perform his past work as a sales attendant or janitor. (Admin. R. at 48–49.) The ALJ went on to consider the RFC, along with Plaintiff’s age, education, and work experience, in concluding jobs existed in significant numbers in the national economy that the Plaintiff could perform. (Id. at 49-50.) Importantly, the ALJ’s determination that other jobs existed for Plaintiff was not based solely on the RFC. The VE identified Laundry Worker II, Routing Clerk, and Sorter as jobs CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 6 of 15
7 appropriate for Plaintiff. (Admin R. at 49.) Thus, the ALJ found Plaintiff was not disabled under sections 216(i) and 223(d) of the Social Security Act. (Id. at 50.) a. The ALJ Thoroughly Analyzed the Medical and Other Evidence. The ALJ performed a thorough analysis in arriving at Plaintiff’s RFC. She correctly noted that she “cannot defer or give any specific evidentiary weight, including controlling weight, to any prior administrative medical finding(s) or medical opinion(s).” (Admin R. at 46); see also 20 C.F.R. § 404.1520c(a) The ALJ first considered Plaintiff’s symptoms. Most specifically, she noted the Plaintiff’s job at Cub Foods ended when he had an angry outburst related to a scheduling change. (Admin. R. at 40.) Notably, this outburst was due to a failure to adjust to change in schedule rather than due to an interaction with his supervisor. This is consistent with Plaintiff’s testimony that he does not do well with changes in routine. (Id. at 72.) The ALJ’s RFC is consistent with this symptom, including that Plaintiff can only “tolerate occasional changes to a work setting.” (Id. at 39.) Then, the ALJ looked at Plaintiff’s mental health history in detail. She started with the psychological assessment by Dr. Maurice Smith, which included numerous diagnostic psychological tests and Plaintiff’s family, CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 7 of 15
8 education, employment, and mental health history. (Id. at 41-43.) The ALJ summarized the key information from the treatment files of Dr. Vikesland, MA Woodward-Kreitz, and MA Lahti, which were appended to Dr. Smith’s report. (Id. at 42–44.) Finally, the ALJ considered the medical opinions and prior administrative medical findings. (Id. at 46–47.) Ultimately, the ALJ found two of these categories of medical evidence persuasive and several others not persuasive. It is not this Court’s role to upset the ALJ’s weighing of various medical sources. See Schmitt v. Kijakazi, 27 F.4th 1353, 1361 (8th Cir. 2022) (“[I]t is not this Court’s role to reweigh [ ] evidence.”). Focusing on the two sources the ALJ deemed persuasive, the Court must determine whether these provide sufficient evidence for the limitations included in the RFC. First, as noted by the parties, the ALJ found the opinions of the state-retained psychologists Dr. Joseph Cools and Kathleen Feil persuasive. (Admin R. at 46–47.) Dr. Cools classified Plaintiff as having “moderate difficulties in interacting with others.” (Id. at 46, 82.) The specific “Social Interaction Limitation” regarding supervisors that Dr. Cools found as “Moderately Limited” was “the ability to accept instructions and respond appropriately to criticism from supervisors.” (Id. at 84.) It was this limitation, when grouped with social interaction limitations related to coworkers and the public, that led to the narrative description that: “The claimant would be able CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 8 of 15
9 to maintain only limited, superficial, and infrequent contact with supervisors and coworkers. He would do best with very infrequent contact with the general public.” (Id. at 85.) Dr. Feil affirmed this assessment at the reconsideration level. (Id. at 93-94.) The ALJ found these assessments persuasive, because they were “consistent with other cumulative evidence of record.” (Id. at 47.) The ALJ also found Dr. Gary Vikesland’s opinion persuasive. Dr. Vikesland provided a letter dated September 6, 2016 that stated in part: “I do not believe that [Richard H.] could successfully work in a job that would require frequent social interaction and communication with either coworkers or the public. . . .” (Id. at 379–80.) In finding this persuasive, the ALJ specifically noted that Dr. Vikesland was a “treating source, specialized in psychology, and his opinion is consistent with his treatment notes and medical evidence of record.” (Id. at 48) Indeed, Dr. Vikesland had seen Plaintiff on and off for over a decade. (See id. at 379.) After reviewing and weighing the credibility of each of these sources and the record evidence as a whole, the ALJ arrived at her RFC. b. The ALJ’s Formulated RFC Is Consistent with the Medical Opinions and Substantially Supported by the Record Evidence. Plaintiff argues the ALJ erred by not including the limitations stated by the psychologists in the prior administrative medical findings. (Dkt. 10 at CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 9 of 15
10 12–13.) But an ALJ is not “required to adopt the exact limitations set forth in the opinions she found persuasive.” Wyatt v. Kijakazi, No. 23-1559, 2023 WL 6629761, at *1 (8th Cir. Oct. 12, 2023). However, the ALJ’s limitations around social interaction in the RFC do need to be supported by substantial evidence. Id. Even if it was possible to draw two inconsistent conclusions from the medical opinions deemed persuasive, the Court must accept the ALJ’s findings. See Perks, 687 F.3d at 1091. The Court looks at the ALJ’s conclusion considering all the evidence, McKinney, 228 F.3d at 863, to determine whether the ALJ’s conclusion is based on “relevant evidence as a reasonable mind might accept as adequate to support [that] conclusion.” Biestek, 587 U.S. at 103 (internal quotation omitted). At issue here, Dr. Vikesland phrases his limitation as one against “frequent social interaction” with “coworkers or the public,” without specific mention of supervisors. (Admin R. at 379–80.) In comparison, Drs. Cools and Feil phrase the limitation as to “only limited, superficial, and infrequent contact with supervisors and coworkers. . . [and] very infrequent contact with the general public.” (Id. at 85, 94.) These opinions are getting at the same type of limitations. See Chismarich v. Berryhill, 888 F.3d 978, 980 (8th Cir. 2018) (“[O]ur deferential standard of review precludes us from labeling findings as inconsistent if they can be harmonized. . . we must strive to harmonize statements where possible.”). CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 10 of 15
11 The ALJ’s formulation of the RFC is a combination of the medical experts’ opinions she deemed persuasive: “tolerate occasional interaction with supervisors and coworkers, but is not able to perform tandem or coordinated tasks with coworkers; tolerate brief and superficial interaction with the general public.” (Id. at 39.) The ALJ chose, as did Dr. Vikesland, to focus on limiting the frequency of social interactions in a work setting. This is within her purview to develop limitations by relying on any of the medical opinions she found persuasive. See Wyatt, 2023 WL 6629761, at *1; Schmitt v. Kijakazi, 27 F.4th 1353, 1360 (8th Cir. 2022) (“[T]here is no requirement that an RFC finding be supported by a specific medical opinion.” (quoting Hensley v. Colvin, 829 F.3d 926, 932 (8th Cir. 2016)). Indeed, the ALJ must synthesize “all of the relevant evidence, including the medical records, observations of treating physicians and others, and an individual’s own description of [his] limitations” to establish the claimant’s maximum capability for work. Id. (quoting Hensley, 829 F.3d at 931–32); see also 20 C.F.R. § 404.1545(a)(1). That is what the ALJ did here—she found the opinions of Dr. Vikesland and Drs. Cools and Fiel persuasive and formulated limitations that took both opinions into account. Further, nothing in the ALJ’s RFC determination conflicts with these medical opinions. The ALJ’s use of “occasional interaction” rather than “infrequent,” “limited,” and/or “superficial” does not create a conflict. On CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 11 of 15
12 multiple recent occasions, the Eighth Circuit shut down this very practice of nitpicking an ALJ’s decision. See Lane v. O’Malley, No. 23-1432, 2024 WL 302395, at *1 (8th Cir. Jan. 26, 2024) (finding that “[n]othing in the reference to ‘occasional’ interactions conflicts with [the psychologists’] opinion,” where the psychologists used the word “superficial” rather than “occasional”); Michael M. v. Kijakazi, No. CV 23-405 (PAM/ECW), 2023 WL 6296007, at *2 (D. Minn. Sept. 27, 2023), aff’d sub nom. McKinney v. O’Malley, No. 23-3220, 2024 WL 1327965 (8th Cir. Mar. 28, 2024) (finding substantial evidence for the ALJ’s limitation of “occasional incidental” interactions with coworkers with no distinction from the doctor’s “brief and superficial contact” recommendation). Plaintiff does not address the Eighth Circuit cases cited by Defendant. Instead, Plaintiff includes a long list of unpublished district court decisions— all but two from outside this Circuit and all issued prior to the on-point Eighth Circuit cases. (See Dkt. 10 at 10-12.) One of the Minnesota cases Plaintiff cites, does not support Plaintiff’s position for the point at issue. Sanders v. Astrue, No. CIV. 11-1356 JNE/JJG, 2012 WL 1658988, at *2 (D. Minn. May 11, 2012) (“The ALJ’s choice in using the word ‘occasional’ rather than ‘brief’ and ‘superficial’ is supported by substantial evidence and adequately balances the evidence in the record.”). In the other case cited from this Circuit, the Court could not determine whether the ALJ’s decision was CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 12 of 15
13 supported by substantial evidence where opinions deemed persuasive were not incorporated or discussed. Troy L. M. v. Kijakazi, No. 21-CV-199 (TNL), 2022 WL 4540107, at *16 (D. Minn. Sept. 28, 2022). The Troy L. M. case was remanded with a suggestion that the ALJ take “additional testimony from a vocational expert.” Id. The cases cited by Plaintiff are not controlling or persuasive in light of the recent Eighth Circuit affirmations and the facts of this case. The Court finds that the ALJ’s decision regarding Plaintiff’s recommended interaction with supervisors was based on substantial evidence. Certainly, it is possible for a person to have occasional but lengthy and in-depth interaction with a supervisor, but on the record here, that situation is not necessarily a problem for the Plaintiff. Here, the ALJ used “occasional” to limit social interactions at work and included a broader limitation both as to the frequency and the nature of interactions with the general public. That distinction is supported by the record. Several treatment notes discuss increased symptoms when Plaintiff is in crowds or engaging outside of the home and explain Plaintiff’s use of ear plugs or headphones to limit stimuli. (Admin R. at 42.) Other notes mention Plaintiff avoiding large gatherings such as weddings, funerals, reunions, or theaters. (Id. at 37, 43.) Plaintiff testified to being easily distracted and reported exhaustion from being out in the world. (Id. at 65, 68.) But the need for only superficial CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 13 of 15
14 interactions at work has no direct support in the record and is undercut by treatment notes and testimony about Plaintiff’s normal social relationships with his family and friends. (Id. at 42–46, 69–70 (describing going on road trips, going out to eat, and talking on the phone).) Plaintiff similarly responds well to therapy and has good relationships with his treatment providers, which necessarily require more than superficial interaction. (Id. at 37, 44– 46.) There is no indication in the record that Plaintiff should be limited to only superficial interactions with people he knows, as would be the case with a supervisor. Further, the job descriptions for laundry worker II, routing clerk, and sorter—the positions for which the ALJ found Plaintiff qualified—do not indicate that more than “occasional” and “superficial” contact with a supervisor would be required. See Dictionary of Occupational Titles, DICOT § 361.685-018, 222.687-022, and 222.687-014. The DICOT describes “taking instructions-helping” as a “not significant” part of any of these jobs. Id. The ALJ’s formulation of the RFC is supported by substantial evidence on the record as a whole. III. CONCLUSION For the reasons discussed above, the Court concludes that the ALJ’s assessment of Plaintiff’s RFC is supported by substantial evidence. Thus, the CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 14 of 15
15 ALJ’s conclusion that Richard H. is not disabled within the meaning of the Social Security Act is undisturbed. Thus, it is RECOMMENDED that: 1. Plaintiff’s requested relief (Dkt. No. 10) be DENIED; and 2. This Complaint (Dkt. No. 1) be DISMISSED with prejudice. Date: January 5, 2026 NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). s/Elsa M. Bullard ELSA M. BULLARD United States Magistrate Judge CASE 0:25-cv-01385-NEB-EMB Doc. 19 Filed 01/05/26 Page 15 of 15
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