1:24-cv-01026•Stafford v. Social Security Administration Commissioner
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION CANDACE A. STAFFORD PLAINTIFF vs. Civil No. 1:24-cv-01026 COMMISSIONER, SOCIAL SECURITY ADMINISTRATION DEFENDANT REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Candace A. Stafford (“Plaintiff”) brings this action pursuant to § 205(g) of Title II of the Social Security Act (“The Act”), 42 U.S.C. § 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration (“SSA”) denying her application for Disability Insurance Benefits (“DIB”) under Title II of the Act. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) (2009), the Honorable Susan O. Hickey referred this case to this Court for the purpose of making a report and recommendation. In accordance with that referral, and after reviewing the arguments in this case, this Court recommends Plaintiff’s case be AFFIRMED. 1. Background: Plaintiff filed her disability application on September 7, 2021. (Tr. 17).0F 1 In her application, Plaintiff alleges being disabled due to diabetes mellitus type 2, rheumatoid arthritis, hypertension, gastroesophageal reflux disorder, major depressive disorder, spinal stenosis, mitral valve regurgitation, and microscopic colitis. (Tr. 186). Plaintiff alleged an onset date of February 1, 2017, 1 The docket numbers for this case are referenced by the designation “ECF No. ___.” The transcript pages for this case are referenced by the designation “Tr.” and refer to the document filed at ECF No. 5. These references are to the page number of the transcript itself not the ECF page number. Case 1:24-cv-01026-SOH Document 11 Filed 04/07/25 Page 1 of 7 PageID #: <pageID>
2 which was amended to October 7, 2019. (Tr. 17). Plaintiff’s application was denied initially and again upon reconsideration. Id. Plaintiff requested an administrative hearing on her denied application, and this hearing request was granted. (Tr. 97-154). This hearing was held on May 16, 2023. (Tr. 32-63). At this hearing, Plaintiff was present, and represented by Andrew Youngman. Id. Plaintiff and Vocational Expert (“VE”) Donald Rue testified at the hearings. Id. The ALJ entered an unfavorable decision on August 8, 2023. (Tr. 17-26). In this decision, the ALJ determined Plaintiff last met the insured status of the Act on March 31, 2022. (Tr. 20, Finding 1). The ALJ also determined Plaintiff had not engaged in substantial gainful activity (“SGA”) from October 7, 2019, through March 31, 2022. (Tr. 20, Finding 2). The ALJ then determined Plaintiff had severe impairments of type II diabetes mellitus, degenerative disc disease, rheumatoid arthritis, osteoarthritis, and obesity. (Tr. 20, Finding 3). Despite being severe, the ALJ determined those impairments did not meet or medically equal the requirements of any of the Listings of Impairments in 20 CFR Part 404, Subpart P, Appendix 1 (“Listings”). (Tr. 22, Finding 4). The ALJ considered Plaintiff’s subjective complaints and determined her RFC. (Tr. 22-25, Finding 5). The ALJ evaluated Plaintiff’s subjective complaints and found the claimed limitations were not entirely consistent with the medical evidence and other evidence in the record. Id. The ALJ also determined Plaintiff retained the RFC to perform the full range of light work. Id. The ALJ then evaluated Plaintiff’s Past Relevant Work (“PRW”). (Tr. 26, Finding 6). The ALJ determined Plaintiff was capable of performing her PRW as a dental assistant and vocational training instructor. Id. Based upon this finding, the ALJ determined Plaintiff had not been disabled under the Act from October 7, 2019, through March 31, 2022. (Tr. 26, Finding 7). Case 1:24-cv-01026-SOH Document 11 Filed 04/07/25 Page 2 of 7 PageID #: <pageID>
3 On April 23, 2024, Plaintiff filed the present appeal. ECF No. 1. Both Parties have filed appeal briefs. ECF Nos. 7, 9. The Plaintiff also field a reply brief. ECF No. 10. This case is now ready for decision. 2. Applicable Law: In reviewing this case, the Court is required to determine whether the Commissioner’s findings are supported by substantial evidence on the record as a whole. See 42 U.S.C. § 405(g) (2010); Ramirez v. Barnhart, 292 F.3d 576, 583 (8th Cir. 2002). Substantial evidence is less than a preponderance of the evidence, but it is enough that a reasonable mind would find it adequate to support the Commissioner’s decision. See Johnson v. Apfel, 240 F.3d 1145, 1147 (8th Cir. 2001). As long as there is substantial evidence in the record that supports the Commissioner’s decision, the Court may not reverse it simply because substantial evidence exists in the record that would have supported a contrary outcome or because the Court would have decided the case differently. See Haley v. Massanari, 258 F.3d 742, 747 (8th Cir. 2001). If, after reviewing the record, it is possible to draw two inconsistent positions from the evidence and one of those positions represents the findings of the ALJ, the decision of the ALJ must be affirmed. See Young v. Apfel, 221 F.3d 1065, 1068 (8th Cir. 2000). It is well-established that a claimant for Social Security disability benefits has the burden of proving his or her disability by establishing a physical or mental disability that lasted at least one year and that prevents him or her from engaging in any substantial gainful activity. See Cox v. Apfel, 160 F.3d 1203, 1206 (8th Cir. 1998); 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). The Act defines a “physical or mental impairment” as “an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” 42 U.S.C. §§ 423(d)(3), 1382(3)(c). A plaintiff must show that Case 1:24-cv-01026-SOH Document 11 Filed 04/07/25 Page 3 of 7 PageID #: <pageID>
4 his or her disability, not simply his or her impairment, has lasted for at least twelve consecutive months. See 42 U.S.C. § 423(d)(1)(A). To determine whether the adult claimant suffers from a disability, the Commissioner uses the familiar five-step sequential evaluation. He determines: (1) whether the claimant is presently engaged in a “substantial gainful activity”; (2) whether the claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to perform basic work activities; (3) whether the claimant has an impairment that meets or equals a presumptively disabling impairment listed in the regulations (if so, the claimant is disabled without regard to age, education, and work experience); (4) whether the claimant has the Residual Functional Capacity (RFC) to perform his or her past relevant work; and (5) if the claimant cannot perform the past work, the burden shifts to the Commissioner to prove that there are other jobs in the national economy that the claimant can perform. See Cox, 160 F.3d at 1206; 20 C.F.R. §§ 404.1520(a)-(f). The fact finder only considers the plaintiff’s age, education, and work experience in light of his or her RFC if the final stage of this analysis is reached. See 20 C.F.R. §§ 404.1520, 416.920 (2003). 3. Discussion: In her appeal brief, Plaintiff claims the ALJ’s disability decision is not supported by substantial evidence in the record. ECF No. 9. In making this claim, Plaintiff argues the ALJ erred in the evaluation of her subjective allegations in the assessment of her RFC. Id. Prior to Step Four of the sequential analysis in a disability determination, the ALJ is required to determine a claimant’s RFC. See 20 C.F.R. § 404.1520(a)(4)(iv). This RFC determination must be based on medical evidence that addresses the claimant’s ability to function in the workplace. See Stormo v. Barnhart, 377 F.3d 801, 807 (8th Cir. 2004). The ALJ should consider “‘all the evidence in the record’ in determining the RFC, including ‘the medical records, observations of treating physicians and others, and an individual’s own description of his limitations.’” Stormo v. Barnhart, Case 1:24-cv-01026-SOH Document 11 Filed 04/07/25 Page 4 of 7 PageID #: <pageID>
5 377 F.3d 801, 807 (8th Cir. 2004) (quoting Krogmeier v. Barnhart, 294 F.3d 1019 (8th Cir. 2002)). The Plaintiff has the burden of producing documents and evidence to support his or her claimed RFC. See Cox, 160 F.3d at1206; 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). The mere fact a claimant has a long list of medical conditions does not demonstrate that person is disabled; instead, the RFC determination is a function-by-function analysis. See SSR 96-8P, 1996 WL 374184 (July 2, 1996). “The RFC assessment considers only functional limitations and restrictions that result from an individual’s medically determinable impairment or combination of impairments, including the impact of any related symptoms.” Id. The ALJ, however, bears the primary responsibility for making the RFC determination and for ensuring there is “some medical evidence” regarding the claimant’s “ability to function in the workplace” that supports the RFC determination. Lauer v. Apfel, 245 F.3d 700, 703-04 (8th Cir. 2001). Furthermore, this Court is required to affirm the ALJ’s RFC determination if that determination is supported by substantial evidence on the record as a whole. See McKinney v. Apfel, 228 F.3d 860, 862 (8th Cir. 2000). Plaintiff claims the ALJ erred in evaluating her subjective allegations of disability. ECF No. 9. In assessing the subjective allegations of a claimant, the ALJ is required to examine and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929.1F 2 See Shultz v. Astrue, 479 F.3d 979, 983 (2007). The factors to consider are as follows: (1) the claimant’s daily activities; (2) the duration, frequency, and intensity of the 2 Social Security Regulations 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929 require the analysis of two additional factors: (1) “treatment, other than medication, you receive or have received for relief of your pain or other symptoms” and (2) “any measures you use or have used to relieve your pain or symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. See Shultz v. Astrue, 479 F.3d 979, 983 (2007). Thus, this Court will not require the analysis of these additional factors in this case. Case 1:24-cv-01026-SOH Document 11 Filed 04/07/25 Page 5 of 7 PageID #: <pageID>
6 pain; (3) the precipitating and aggravating factors; (4) the dosage, effectiveness, and side effects of medication; and (5) the functional restrictions. See Polaski, 739 at 1322. The factors must be analyzed and considered in light of the claimant’s subjective allegations of pain. See id. The ALJ is not required to methodically discuss each factor if the ALJ acknowledges and examines these factors prior to discounting the claimant’s subjective allegations. See Lowe v. Apfel, 226 F.3d 969, 971-72 (8th Cir. 2000). If the ALJ properly applies these five factors and gives several valid reasons for finding that the Plaintiff’s subjective allegations are not entirely valid, the ALJ’s determination is entitled to deference. See id.; Cox v. Barnhart, 471 F.3d 902, 907 (8th Cir. 2006). The ALJ, however, cannot discount Plaintiff’s subjective allegations “solely because the objective medical evidence does not fully support them [the subjective complaints].” Polaski, 739 F.2d at 1322. “The ALJ may disbelieve subjective complaints if there are inconsistencies in the evidence as a whole.” McCoy v. Astrue, 648 F.3d 605, 614 (8th Cir. 2011) (quotation omitted). A court will “defer to the ALJ’s credibility finding if the ALJ ‘explicitly discredits a claimant’s testimony and gives a good reason for doing so.’” Buckner v. Astrue, 646 F.3d 549, 558. In the present action, the ALJ fully complied with Polaski in his evaluation of Plaintiff’s subjective allegations. (Tr. 22-25). Indeed, the ALJ opinion outlined Plaintiff’s subjective allegations and noted inconsistencies between those allegations and the record. Id. The ALJ also noted her daily activities and set forth reasons for finding them not as limiting as described by Plaintiff. Id. Furthermore, the ALJ carefully summarized Plaintiff’s medical records and noted how she was receiving treatment and medication for her impairments that appeared to be effective. Id. Based upon the Court’s review, there is no basis for reversal on this issue. See, e.g., Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir. 2005) (recognizing an ALJ may discount a “claimant’s subjective complaints . . . if there are inconsistencies in the record as a whole”). The Case 1:24-cv-01026-SOH Document 11 Filed 04/07/25 Page 6 of 7 PageID #: <pageID>
7 ALJ made no legal error in weighing Plaintiff’s subjective allegations of her functional limitations and formulated an RFC at Step Four that is supported by substantial evidence in the record. 4. Conclusion: Based on the foregoing, the undersigned finds that the decision of the ALJ, denying benefits to Plaintiff, is supported by substantial evidence and recommends it be AFFIRMED. The Parties have fourteen (14) days from receipt of this Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The Parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. See Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990). ENTERED this 7th day of April 2025. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE Case 1:24-cv-01026-SOH Document 11 Filed 04/07/25 Page 7 of 7 PageID #: <pageID>
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