Guzman v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
RENE A. GUZMAN 	PLAINTIFF
V. 	Civil No. 2:23-cv-02146-MEF
MARTIN O’MALLEY, Commissioner,
Social Security Administration 	DEFENDANT
FINAL JUDGMENT
This cause is before the Court on the Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration regarding
her applications for Disability Insurance Benefits and Supplemental Security Income. The parties
have consented to entry of final judgment by the United States Magistrate Judge under the
provisions of 28 U.S.C. § 636(c). The Court, having reviewed the administrative record, the briefs
of the parties, the applicable law, and the parties having waived oral argument, finds as follows:
Consistent with the Court’s ruling from the bench, the decision of the Commissioner of
Social Security is reversed and remanded for further proceedings pursuant to sentence four of 42
U.S.C. § 405(g).
The Court finds that the ALJ’s physical RFC determination is not supported by substantial
evidence. Plaintiff suffers from severe back, neck, and shoulder impairments despite undergoing
a microdiscectomy in April 2009; left shoulder arthroscopy with release of the adhesive capsulitis
and pan-capsular; debridement of the rotator cuff interval; a distal clavicle resection; subacromial
decompression consisting of acromioplasty, release of the coracoacromial ligament, a subacromial
and subdeltoid bursectomy, debridement of the undersurface partial thickness tear of the
supraspinatus tendon, a long head biceps tendon tenotomy; a second manipulation of the left
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shoulder under anesthesia; three unsuccessful epidural steroid injections; and conservative
treatment to include pain medication and physical and occupational therapy. MRIs of her lumbar
and cervical spine conducted in June 2009 and September 2021, respectively, document mild disc
desiccation at the L1-2 level; a disc bulge and bilateral joint arthrosis at the L4-5 level; status post
right L5 hemilaminectomy with granulation abutting the right S1 nerve root; and disc herniation
at the left L5-S1 level displacing the L5 nerve root; a C5-6 level right-sided disc protrusion with
some mild uncovertebral joint degenerative changes; bilateral and probable neural foraminal
stenosis, right worse than left; a congenitally unfavorable canal at the C3-C5 level; and a new
small disc protrusion at the C4-5 level. Treating and/or examining physicians have opined that the
Plaintiff could perform work allowing her to change positions frequently but could not sit, stand,
or bend over to look at a computer for lengthy periods of time. 	Despite this evidence, the ALJ
concluded the Plaintiff could perform light work with occasional posturals and overhead reaching,
fingering, and handling with the left upper extremity. As such, remand is necessary to allow the
ALJ to reconsider the Plaintiff’s RFC.
IT IS SO ORDERED AND ADJUDGED on this the 19th day of November 2024.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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