Cundiff v. Commissioner of Social Security
Filing
14
MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Lanny King on 9/9/2020. The Commissioner's final decision is hereby AFFIRMED and Plaintiff's complaint is DISMISSED. cc: Counsel (MNM)
Case 1:20-cv-00039-LLK Document 14 Filed 09/09/20 Page 1 of 3 PageID #: 769
SYLVIA A. CUNDIFF
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
BOWLING GREEN DIVISION
CIVIL ACTION NO. 1:20‐CV‐00039‐LLK
PLAINTIFF
DEFENDANT
v.
ANDREW SAUL, Commissioner of Social Security
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Plaintiff's complaint seeking judicial review, pursuant to 42
U.S.C. § 405(g), of the final decision of the Commissioner denying her claim for Social Security disability
benefits. The fact and law summaries of Plaintiff and Defendant are at Docket Number (“DN”) 10 and 13.
The parties have consented to the jurisdiction of the undersigned Magistrate Judge to determine this case,
with any appeal lying before the Sixth Circuit Court of Appeals. [DN 8].
Because Plaintiff’s two arguments are unpersuasive and the Administrative Law Judge’s (“ALJ’s”)
decision is supported by substantial evidence, the Court will AFFIRM the Commissioner’s final decision
and DISMISS Plaintiff’s complaint.
Discussion
First, Plaintiff argues that the ALJ erred in failing to recognize that she suffers from severe, or
vocationally significant, arm and shoulder impairments. [DN 10 at 2]. The ALJ did recognize that Plaintiff
suffers from severe “degenerative disc disease of the cervical spine with radiation.” [DN 7‐2 at 18]. The
ALJ determined that, notwithstanding these impairments, Plaintiff has a residual functional capacity (RFC)
for light work, and, in making this determination, the ALJ specifically took into account the fact that
Plaintiff alleges “pain in her neck that radiates to her right shoulder and arm” and that “[t]here are
instances in the record where [Plaintiff] reported …. pain in her neck that radiates to her shoulder and
arm.” Id. at 19, 20, 21.
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Plaintiff’s argument is unpersuasive because there is no significant difference between the
impairments the ALJ recognized and those Plaintiff alleges the ALJ failed to recognize. Even if there is a
significant difference, the error was, at worst, harmless because Plaintiff admits that the ALJ’s finding that
she has an RFC for light work was supported by substantial evidence. [DN 10 at 5]. In other words,
Plaintiff’s objection is to the label the ALJ put on her impairments, not the limitations resulting from those
impairments. See Maziarz v. Sec'y of Health & Human Servs., 837 F.2d 240, 244 (6th Cir. 1987) (finding
that, because the ALJ considered the limiting effects of all severe and non‐severe impairments as a whole,
the ALJ’s failure to label a non‐severe impairment as “severe” was, at worst, harmless error); McGlothin
v. Comm'r of Soc. Sec., 299 F. App’x 516, 522 (6th Cir. 2008) (finding that it is “legally irrelevant” that the
ALJ found an impairment to be non‐severe where the ALJ acknowledged the presence of other severe
impairments and completed the evaluation process).
Second, Plaintiff argues that the ALJ’s finding that she is “capable of performing past relevant
work as a machine operator and warehouse pipe worker,” [DN 7‐2 at 24], is not supported by substantial
evidence. [DN 10 at 5]. Plaintiff is correct that the ALJ erred in characterizing her warehouse pipe worker
job as “past relevant work” inasmuch as the ALJ himself acknowledged that that job did not last long
enough to be other than an “unsuccessful work attempt.” Id. citing DN 7‐2 at 17‐18. The error, however,
was harmless if substantial evidence supported the ALJ’s finding that Plaintiff can perform her past
relevant work as a machine operator.
The ALJ based his finding that Plaintiff can perform her past relevant work as a machine operator
on testimony from a vocational expert (“VE”) to the effect that an individual with certain limitations can
perform that job. Plaintiff argues that substantial evidence does not support the ALJ’s finding due to a
discrepancy between the ALJ’s finding that she can “interact frequently as needed with supervisors and
peers sufficiently for task completion,” and the relevant vocational hypothetical, which contemplated that
the individual can “interact with people only as needed with supervisors and peers sufficiently for task
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completion.” [DN 7‐2 at 20, 56]. The argument is unpersuasive because there is no significant
discrepancy. Even if there is a significant difference, the error was, at worst, harmless because it is the
actual testimony (as opposed to the ALJ’s subsequent characterization of the testimony in his decision)
that governs judicial review. Plaintiff has failed to point to any evidence, which the ALJ was required to
accept, that she cannot “interact with people only as needed with supervisors and peers sufficiently for
task completion.”
Order
Because Plaintiff’s two arguments are unpersuasive and the Administrative Law Judge’s (“ALJ’s”)
decision is supported by substantial evidence, the Commissioner’s final decision is hereby AFFIRMED and
Plaintiff’s complaint is DISMISSED.
September 9, 2020
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