Yancey v. Commissioner, Social Security

Filing 25

MEMORANDUM AND ORDER denying Plaintiff's 16 Motion for Summary Judgment; granting Defendant's 21 Motion for Summary Judgment; closing case. Signed by Magistrate Judge Stephanie A Gallagher on 2/9/2015. (dass, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF
STEPHANIE A. GALLAGHER
UNITED STATES MAGISTRATE JUDGE

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
Fax [phone]

February 9, 2015
LETTER TO COUNSEL
RE:

Vera Yancey v. Commissioner, Social Security Administration;
Civil No. SAG-14-1495

Dear Counsel:
On May 6, 2014, Plaintiff Vera Yancey petitioned this Court to review the Social
Security Administration’s final decision to deny her claims for Disability Insurance Benefits and
Supplemental Security Income. (ECF No. 1). I have considered the parties’ cross-motions for
summary judgment and Plaintiff’s reply memorandum. (ECF Nos. 16, 21, 24). I find that no
hearing is necessary. See Loc. R. 105.6 (D. Md. 2014). This Court must uphold the decision of
the agency if it is supported by substantial evidence and if the agency employed proper legal
standards. See 42 U.S.C. §§ 405(g), 1383(c)(3); Craig v. Chater, 76 F.3d 585, 589 (4th Cir.
1996). Under that standard, I will grant the Commissioner’s motion and deny Ms. Yancey’s
motion. This letter explains my rationale.
Ms. Yancey protectively filed claims for Disability Insurance Benefits (“DIB”) and
Supplemental Security Income (“SSI”) on January 6, 2011. (Tr. 45-46, 144-59). She alleged a
disability onset date of February 1, 2007, and March 1, 2007, respectively. (Tr. 144, 153). Her
claims were denied initially and on reconsideration. (Tr. 80-84, 88-91). A hearing was held on
January 16, 2013, before an Administrative Law Judge (“ALJ”). (Tr. 16-44). Following the
hearing, the ALJ determined that Ms. Yancey was not disabled within the meaning of the Social
Security Act during the relevant time frame. (Tr. 63-75). The Appeals Council denied Ms.
Yancey’s request for review, (Tr. 1-4), so the ALJ’s decision constitutes the final, reviewable
decision of the agency.
The ALJ found that Ms. Yancey suffered from the severe impairment of mild
degenerative joint disease of the cervical and lumbar spine. (Tr. 68). Despite this impairment,
the ALJ determined that Ms. Yancey retained the residual functional capacity (“RFC”) to:
perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except she
is limited to occasionally climbing ramps or stairs (never ladders, ropes, or
scaffolds). Further, she is limited to occasionally balancing, stooping, kneeling,
crouching, and crawling; and she must avoid concentrated exposure to workplace
hazards.

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Civil No. SAG-14-1495
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Page 2

(Tr. 69). After considering the testimony of a vocational expert (“VE”), the ALJ determined that
Ms. Yancey could perform jobs existing in significant numbers in the national economy,
including her past work as a copy representative, and that, therefore, she was not disabled. (Tr.
73-74).
Ms. Yancey raises four primary arguments on appeal: (1) that the Appeals Council
(“AC”) did not properly consider additional evidence submitted to it; (2) that the ALJ erred in
evaluating the medical opinion evidence; (3) that she satisfied the requirements of Listing 1.02
and 1.04; and (4) that the ALJ should have requested the additional evidence that was submitted
to the AC. Each argument lacks merit and is addressed below.
Ms. Yancey submitted additional treatment notes from Drs. Ravida and Novin to the AC
as “new and material evidence” not considered by the ALJ. (Tr. 4, 302-309). Ms. Yancey
claims that the AC’s evaluation of the additional evidence was inadequate. Pl. Mem. 2-3. The
AC explained that, in evaluating Ms. Yancey’s case, it considered the additional evidence from
Drs. Ravida and Neil, but it found that the additional evidence did not provide a basis for
changing the ALJ’s decision. (Tr. 2). The AC must review additional evidence if it is “(a) new,
(b) material, and (c) relates to the period on or before the date of the ALJ’s decision.” Wilkins v.
Sec’y, Dept. of Health & Human Servs., 953 F.2d 93, 95-96 (4th Cir. 1991). Evidence is “new”
if “it is not duplicative or cumulative.” Id. at 96. “Evidence is material if there is a reasonable
possibility that the new evidence would have changed the outcome.” Id. Social Security
regulations, however, “[do] not require the [AC] to do anything more than what it did in this
case, i.e., consider new and material evidence . . . in deciding whether to grant review.” Meyer v.
Astrue, 662 F.3d 700, 706 (4th Cir. 2011) (internal quotation marks omitted). The AC is not
required to take any specific action in response to new and material evidence, and is not required
to provide a detailed explanation of its evaluation. Id.
In this case, the additional treatment notes from Dr. Ravida indicate muscle tenderness
and discomfort, and a diagnosis of a lumbar sprain/strain with spasm causally related to the
injuries she suffered in a December 2011 accident. (Tr. 303). The additional treatment notes
from Dr. Novin include an opinion that she suffered from a 38% impairment to the lumbar spine,
and that she would “never be able to return to any work requiring aggressive or frequent
bending, lifting or stooping or any lifting of anything over fifteen to twenty pounds.” (Tr. 30708). Ms. Yancey has not explained how the impairments and limitations set forth in these notes
undermine the ALJ’s opinion, and I find that they are consistent with both the ALJ’s step two
finding that Ms. Yancey suffered from the severe impairment of mild degenerative joint disease
of the cervical and lumbar spine and the limitations set forth in the ALJ’s RFC assessment. I

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Civil No. SAG-14-1495
February 9, 2015
Page 3

thus agree with the AC that the additional evidence Ms. Yancey submitted to the AC does not
provide a basis for changing the ALJ’s decision.1
Next, Ms. Yancey argues that the ALJ should have assigned greater weight to the opinion
of Dr. Aranaga, her treating physician, that Ms. Yancey is not capable of completing an eight
hour workday. Pl. Mem. 3-4. Specifically, Dr. Aranaga opined that Ms. Yancey is limited to
standing/walking and sitting less than two hours each in an eight hour workday, and that she is
unable to lift anything. (Tr. 301). The Fourth Circuit set forth parameters for evaluating medical
opinions of treating physicians in Craig, 76 F.3d at 590, which were later refined by amendments
to 20 C.F.R. §§ 404.1527 and 416.927. See Pitman v. Massanari, 141 F. Supp. 2d 601, 608
(W.D.N.C. 2001). When a medical opinion is from a “treating source,” it is given controlling
weight only if it is “well supported by medically acceptable clinical and laboratory diagnostic
techniques and is not inconsistent with the other substantial evidence in [the claimant’s] case
record.” 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2). If a treating source’s medical opinion is
not assigned controlling weight, however, in determining the weight to give the opinion, the ALJ
should consider: (1) the length of the treatment relationship and its nature and extent; (2) the
supportability of the opinion; (3) the opinion’s consistency with the record as a whole; (4)
whether the source is a specialist; and (5) any other factors that tend to support or contradict the
opinion. 20 C.F.R. §§ 404.1527(c), 416.927(c).
In this case, the ALJ assigned “little weight” to Dr. Aranaga’s opinion because she found
it “inconsistent with the overall record evidence.” (Tr. 72). The ALJ explained that Dr. Aranaga
is an internist, and the treatment notes from Dr. Grosso, an orthopedic surgeon, the treatment
notes from the Baltimore Medical and Surgical Associates, and the objective medical evidence
do not support the level of severity opined by Dr. Aranaga. Id. The ALJ also noted that Dr.
Aranaga’s opinion that Ms. Yancey is incapable of performing any work is an opinion on an
issue reserved to the Commissioner. Id. Ms. Yancey has not identified a specific error in the
ALJ’s analysis, and I find that her assessment of Dr. Aranaga’s opinion was both in accordance
with the proper legal standards and supported by substantial evidence.
Ms. Yancey also implies that the ALJ should have assigned less weight to the opinion of
Dr. Weng, a consultative examiner, that “standing and walking will be a problem,” and that
“sitting unfortunately, puts pressure on that internal portion of the hip as well causing
discomfort.” Pl. Mem. 4; (Tr. 262). It is unclear, however, why Ms. Yancey would argue that
the ALJ should have assigned less weight to Dr. Weng’s opinion, since it apparently supports her
claimed limitations. Ms. Yancey primarily takes issue with Dr. Weng’s implication that weight

1

In support of her argument, Ms. Yancey refers to a treatment note from Dr. Colley, who treated her after her 2007
accident, which purportedly states that Ms. Yancey “sustained significant Cervical Neck Pain with Cervicothoracic
Strain, and Post Traumatic headaches and ordered that she was not fit to work in the position where she was
employed, at the time.” Pl. Mem. 3 (internal quotation marks omitted). However, Ms. Yancey did not provide a
citation to this note, and no such note is included in either the record that was before the ALJ or the additional
evidence submitted to the AC. (Tr. 244-309). Moreover, even if such a note did exist, Ms. Yancey has not shown
how an inability to perform the job for which she was employed in 2007 would preclude her from performing the
other jobs identified by the VE.

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Civil No. SAG-14-1495
February 9, 2015
Page 4

loss might help relieve Ms. Yancey’s lumbar spasms. However, contrary to Ms. Yancey’s
contention, the ALJ did not give any indication that her evaluation of Dr. Weng’s opinion was
based on his statement about weight loss. Ms. Yancey has thus not identified any error in the
ALJ’s analysis, and I find that her evaluation of Dr. Weng’s opinion was supported by
substantial evidence.
Next, Ms. Yancey contends that she satisfies the requirements of Listings 1.02 and 1.04,
which apply to major dysfunction of a joint and disorders of the spine, respectively. Pl. Mem. 45. At step three of the sequential evaluation, the ALJ must compare a claimant’s impairments
with the Listing of Impairments to determine if the claimant’s impairments are severe enough to
warrant a presumption of disability. Bryant v. Colvin, 573 F. App’x 186, 188 (4th Cir. 2014); 20
C.F.R. § 416.920(d); 20 C.F.R. Pt. 404, Subpt. P, Appx. 1. A claimant bears the burden of
demonstrating that his impairment meets or equals a listed impairment. Kellough v. Heckler, 785
F.2d 1147, 1152 (4th Cir. 1986). For a claimant to establish that his impairment meets or equals
a listing, it must “meet all of the specified medical criteria. An impairment that manifests only
some of those criteria, no matter how severely, does not qualify. Sullivan v. Zebley, 493 U.S.
521, 530 (1990) (emphasis in original).
To satisfy Listing 1.02, Ms. Yancey must show gross anatomical deformity and chronic
joint pain and stiffness; signs of limitation of motion or other abnormal motion of the affected
joints; and findings on appropriate medically acceptable imaging of joint space narrowing, bony
destruction, or ankyloses of the affected joint(s); with (A) involvement of one major peripheral
weight-bearing joint, resulting in inability to ambulate effectively, or (B) involvement of one
major peripheral joint in each upper extremity, resulting in inability to perform fine and gross
movements effectively. 20 C.F.R. Pt. 404, Subpt. P, Appx. 1, Pt. A § 1.02. In support of her
argument, Ms. Yancey cites to a reduced range of motion in her neck and shoulders, apparently
in satisfaction of the requirements of subsection B.2 However Ms. Yancey has not cited
evidence of a “gross anatomical deformity,” “findings on appropriate medically acceptable
imaging of joint space narrowing, bony destruction, or ankyloses of the affected joint(s),” or of
an “inability to perform fine and gross movements effectively.” Accordingly, Ms. Yancey has
not satisfied her burden of establishing that all of the medical criteria of Listing 1.02 were met.
To satisfy Listing 1.04, Ms. Yancey must show a spinal disorder resulting in compromise
of the nerve root or the spinal cord, and meeting the criteria of one of three subsections. 20
C.F.R. Pt. 404, Subpt. P, Appx. 1, Pt. A § 1.04. Subsection A requires evidence of nerve root
compression accompanied by sensory or reflex loss and a positive straight-leg raising test. Id. §
1.04(A). Subsection B requires spinal arachnoiditis, confirmed by an operative note or
pathology report of tissue biopsy, or by appropriate medically acceptable imaging, resulting in
the need for changes in position or posture more than once every 2 hours. Id. § 1.04(B).
Subsection C requires lumbar spinal stenosis resulting in pseudoclaudication, established by

2

Ms. Yancey again refers – without citation – to a treatment note from Dr. Colley. As explained above, this
treatment note is not included in the record before this court. However, even if the treatment note established the
reduced range of motion, for the reasons stated below, Ms. Yancey’s impairments do not meet or equal the criteria
of Listing 1.02.

Vera Yancey v. Commissioner, Social Security Administration
Civil No. SAG-14-1495
February 9, 2015
Page 5

findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain
and weakness, and resulting in an inability to ambulate effectively. Id. § 1.04(C). In support of
her argument, Ms. Yancey cites to reports of mild spondylitic changes and mild posterior disc
bulges with mild narrowing of the right neural foramen. Ms. Yancey has not, however, cited
evidence indicating that her spinal disorder satisfies all of the criteria of any of the subsections of
Listing 1.04, and she has thus not satisfied her burden of establishing that listing was met. I
therefore find that the ALJ’s determination that Ms. Yancey’s impairment did not meet or equal
the criteria of Listings 1.02 and 1.04 was supported by substantial evidence.
Finally, Ms. Yancey claims that the ALJ’s decision is not supported by substantial
evidence because she knew of, but failed to obtain, the additional evidence that she ultimately
submitted to the AC. First, Ms. Yancey has once again failed to cite any evidence in the record
supporting her assertion that the ALJ “was made aware of” the additional evidence. At the
hearing, although Ms. Yancey’s counsel initially indicated that he had reviewed the record and
that he did not object to it, the ALJ later admitted additional evidence at counsel’s request. (Tr.
18, 38-39). However, at that time, there was no indication that Ms. Yancey’s counsel intended to
submit more evidence subsequent to the hearing, and he did not object to the ALJ’s statement
that the record would be closed as of the end of the hearing. (Tr. 44). Moreover, any error in the
ALJ’s failure to seek additional evidence was harmless, because, for the reasons set forth above,
the new evidence did not provide a basis for changing the ALJ’s decision. Accordingly, I find
that the ALJ’s failure to seek additional evidence was not in error, and that her determination
was supported by substantial evidence.
For the reasons set forth herein, Ms. Yancey’s Motion for Summary Judgment (ECF No.
16) is DENIED and Defendant’s Motion for Summary Judgment (ECF No. 21) is GRANTED.
The clerk is directed to CLOSE this case.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.
Sincerely yours,
/s/
Stephanie A. Gallagher
United States Magistrate Judge