Anderson v. Saul

Filing 23

MEMORANDUM DECISION - Having made a thorough review of the entire record, the Court hereby AFFIRMS the decision of the Commissioner. Signed by Magistrate Judge Paul Kohler on 5/6/22. (alf)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DAWN A.,

MEMORANDUM DECISION AND
ORDER

Plaintiff,
v.
KILOLO KIJAKAZI, Acting Commissioner
of Social Security, 1

Case #4:21-cv-00034-PK
Magistrate Judge Paul Kohler

Defendant.

This matter comes before the Court on Plaintiff Dawn A.’s appeal from the decision of
the Social Security Administration denying her application for supplemental security income.
The Court will affirm the administrative ruling.
I. STANDARD OF REVIEW
This Court’s review of the administrative law judge’s (“ALJ”) decision is limited to
determining whether their findings are supported by substantial evidence and whether the correct
legal standards were applied. 2 “Substantial evidence ‘means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.’” 3 The ALJ is required to
consider all of the evidence, although they are not required to discuss all of the evidence. 4 If

1

Pursuant to Fed. R. Civ. P. 25(d) and the last sentence of 42 U.S.C. § 405(g), Kilolo
Kijakazi is substituted for Andrew Saul as the defendant in this suit.
2

Rutledge v. Apfel, 230 F.3d 1172, 1174 (10th Cir. 2000).

3

Clifton v. Chater, 79 F.3d 1007, 1009 (10th Cir. 1996) (quoting Richardson v. Perales,
402 U.S. 389, 401 (1971)).
4

Id. at 1009–10.
1

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supported by substantial evidence, the Commissioner’s findings are conclusive and must be
affirmed. 5 The Court should evaluate the record as a whole, including the evidence before the
ALJ that detracts from the weight of the ALJ’s decision. 6 However, the reviewing court should
not re-weigh the evidence or substitute its judgment for that of the Commissioner. 7
II. BACKGROUND
A.

PROCEDURAL HISTORY
In November 2018, Plaintiff filed an application for supplemental security income,

alleging disability beginning on November 2, 2017. 8 Plaintiff’s claim was denied initially and
upon reconsideration. 9 Plaintiff then requested a hearing before an ALJ, which was held on June
2, 2020. 10 The ALJ issued a decision on July 1, 2020, finding that Plaintiff was not disabled. 11
The Appeals Council denied Plaintiff’s request for review on January 28, 2021, 12 making the
ALJ’s decision the Commissioner’s final decision for purposes of judicial review. 13
On May 6, 2021, Plaintiff filed her complaint in this case. 14 On June 4, 2021, both
parties consented to a United States Magistrate Judge conducting all proceedings in the case,

5

Richardson, 402 U.S. at 390.

6

Shepherd v. Apfel, 184 F.3d 1196, 1199 (10th Cir. 1999).

7

Qualls v. Apfel, 206 F.3d 1368, 1371 (10th Cir. 2000).

8

R. at 162–70.

9

Id. at 53, 65.

10

Id. at 29–52.

11

Id. at 9–26.

12

Id. at 1–6.

13

20 C.F.R. § 422.210(a).

14

Docket No. 3.
2

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including entry of final judgment, with appeal to the United States Court of Appeals for the
Tenth Circuit. 15 The Commissioner filed an answer and the administrative record on August 2,
2021. 16
Plaintiff filed her Opening Brief on October 13, 2021. 17 The Commissioner’s Answer
Brief was filed on December 15, 2021. 18 Plaintiff filed her Reply Brief on December 28, 2021. 19
B.

MEDICAL HISTORY
Plaintiff alleges disability because of hand/wrist/arm problems and back pain. 20 Plaintiff

has received various treatments for her back pain, including injections, radiofrequency
neurotomy, pain relievers, and physical therapy. While some treatments had some temporary
success, Plaintiff continued to complain of and seek treatment for pain.
Plaintiff’s treating physician—Cole W. Robinson, M.D.—completed a Physical
Assessment form on December 1, 2018. 21 Dr. Robinson opined that Plaintiff’s symptoms would
frequently interfere with the attention and concentration required to perform simple work-related
tasks. He opined that Plaintiff would need to recline or lie down during the day, and she would
need to take two unscheduled breaks of approximately 15 to 30 minutes every day. Dr.
Robinson also opined that Plaintiff could walk two to three blocks without rest or significant

15

Docket No. 10.

16

Docket Nos. 12, 13.

17

Docket No. 17.

18

Docket No. 21.

19

Docket No. 22.

20

R. at 187.

21

Id. at 378–79.
3

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pain, and she could sit for three hours a day and stand/walk for two. Lastly, Dr. Robinson stated
that Plaintiff would likely be absent from work three or four times per month because of her
impairments.
C.

HEARING TESTIMONY
At the hearing before the ALJ, Plaintiff explained that her back pain made standing for

long periods of time difficult. 22 She further explained that she has to take frequent breaks to sit
or lie down. 23 Plaintiff testified that she could stand and sit for approximately 30 to 45 minutes
at a time before needing to reposition herself. 24 Plaintiff also stated that she is able to wash the
dishes, do her laundry, sweep and mop, cook dinner, and go grocery shopping. 25 However, she
explained that she gets help on these tasks from her children and boyfriend. 26
D.

THE ALJ’S DECISION
The ALJ followed the five-step sequential evaluation process in deciding Plaintiff’s

claim. At step one, the ALJ determined that Plaintiff had not engaged in substantial gainful
activity from her alleged onset date of November 2, 2017. 27 At step two, the ALJ found that
Plaintiff suffered from the following severe impairments: degenerative disc disease, sacroiliitis,
myalgia, chronic pain syndrome, and carpal tunnel syndrome. 28 At step three, the ALJ found

22

Id. at 38.

23

Id.

24

Id. at 40.

25

Id. at 41.

26

Id.

27

Id. at 14.

28

Id.
4

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that Plaintiff did not have an impairment or combination of impairments that met or equaled a
listed impairment. 29 The ALJ determined that Plaintiff had the residual functional capacity
(“RFC”) to perform light work with certain limitations. 30 At step four, the ALJ determined that
Plaintiff had no past relevant work. 31 At step five, the ALJ found that there were jobs that exist
in significant numbers in the national economy that Plaintiff could perform and, therefore, she
was not disabled. 32
III. DISCUSSION
Plaintiff argues that the ALJ erred in her evaluation of Dr. Robinson’s physical
assessment. For applications filed on or after March 27, 2017, an ALJ is not required to defer to
or give any specific weight to medical opinions or prior administrative medical findings. 33
Rather, the ALJ considers them using the criteria in 20 C.F.R. § 404.1520c(c): (1) supportability;
(2) consistency; (3) relationship with the claimant; (4) specialization; and (5) other factors
tending to support or contradict a medical opinion or prior administrative medical finding. The
most important criteria for determining persuasiveness are the supportability and
consistency. 34 “For supportability, the strength of a medical opinion increases as the relevance
of the objective medical evidence and explanations presented by the medical source increase.” 35

29

Id. at 15.

30

Id. at 15–20.

31

Id. at 20.

32

Id. at 20–21.

33

20 C.F.R. § 404.1520c(a).

34

Id. § 404.1520c(a), (b)(2).

35

John H. v. Saul, No. 2:20-CV-00255-JCB, 2021 WL 872320, at *4 (D. Utah Mar. 8,
2021) (internal quotation marks and citation omitted).
5

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“Consistency, on the other hand, is an all-encompassing inquiry focused on how well a medical
source is supported, or not supported, by the entire record.” 36
The ALJ must articulate “how persuasive [he or she] find[s] all of the medical opinions
and all of the prior administrative medical findings in [the] case record.” 37 The ALJ must
explain how he or she considered the supportability and consistency factors for a medical
source’s medical opinions or prior administrative medical findings, but is generally not required
to explain how he or she considered other factors. 38 Social Security Ruling 96-8p emphasizes
that “[i]f the RFC assessment conflicts with an opinion from a medical source, the adjudicator
must explain why the opinion was not adopted.” “The RFC assessment must include a
discussion of why reported symptom-related functional limitations and restrictions can or cannot
reasonably be accepted as consistent with the medical and other evidence.” 39
The ALJ found that the limitations reported by Dr. Robinson in the physical assessment
were not “entirely persuasive.” 40 The ALJ found that Dr. Robinson’s opinions were “not
consistent with or supported by the longitudinal medical evidence of record, including Dr.
Robinson’s own treatment notes, and with the claimant’s high activity level . . . .” 41 With regard
to the medical evidence, the ALJ noted that an MRI of Plaintiff’s lumbar spine showed only mild
36

Id.

37

20 C.F.R. § 404.1520c(b).

38

Id. § 404.1520c(b)(2).

39

SSR 96-8p, 1996 WL 374184, at *7 (July 2, 1996); see also Givens v. Astrue, 251 F.
App’x 561, 568 (10th Cir. 2007) (“If the ALJ rejects any significantly probative medical evidence
concerning [a claimant’s] RFC, he must provide adequate reasons for his decision to reject that
evidence.”).
40

R. at 18.

41

Id.
6

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findings and that, while physical examinations have noted tenderness and limitations in range of
motion, they have also generally noted normal strength, intact sensation, and normal gait. 42 As
to Plaintiff’s activity level, the ALJ found that Plaintiff “remains generally independent in her
activities of daily living.” 43 In support of this finding, the ALJ noted that Plaintiff was “able to
attend to her personal care needs, prepare meals, care for her children, drive a car, sweep, mop,
vacuum, do laundry, do dishes, go shopping with her boyfriend, walk outside with her children,
read, crochet, do crafts, talk on the phone, watch history documentaries, and occasionally go out
to eat with her family.” 44 The ALJ also noted that Plaintiff was able to regularly attend medical
appointments. 45 All of these statements are supported by record evidence and support the ALJ’s
conclusion that the extreme limitations opined by Dr. Robinson’s was unpersuasive.
Plaintiff argues that the ALJ’s treatment of Dr. Robinson’s opinion is not supported by
substantial evidence. Plaintiff makes a variety of arguments as to why the ALJ’s conclusion was
wrong but in doing so, she merely demonstrates that the record could support more than one
conclusion. This does not mean that the ALJ’s decision is not supported by substantial
evidence. 46

42

Id.

43

Id. at 19.

44

Id.

45

Id.

46

Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007) (“The possibility of drawing two
inconsistent conclusions from the evidence does not prevent an administrative agency’s findings
from being supported by substantial evidence. We may not displace the agenc[y’s] choice
between two fairly conflicting views, even though the court would justifiably have made a
different choice had the matter been before it de novo.” (alteration in original) (quotations and
citations omitted)).
7

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Plaintiff first argues that the ALJ’s reliance on mild imaging findings, treatment notes
finding generally normal strength and intact sensation, and consistent notations of normal gait is
not probative of Plaintiff’s pain level. This argument misses the mark. The ALJ acknowledged
Plaintiff’s pain, yet she relied on these generally mild findings to conclude that the medical
evidence did not support the types of limitations opined by Dr. Robinson in his evaluation.
Plaintiff next argues that the ALJ failed to engage in a meaningful discussion of Dr.
Robinson’s treatment notes. However, an ALJ is not required to discuss all of the evidence in
the record. 47 Moreover, a review of Dr. Robinson’s treatment notes shows that Plaintiff sought
treatment for pain with varying levels of success. This presented the ALJ with conflicting views
and the Court should not displace the ALJ’s decision as to how she chose to evaluate that
evidence. While the ALJ certainly could have done more to discuss Dr. Robinson’s treatment
notes, “technical perfection” is not required. 48
Finally, Plaintiff argues that her activities of daily living do not support the ALJ’s
conclusion that Dr. Robinson’s opinion was unpersuasive. This is simply incorrect. Plaintiff’s
stated activities directly detract from the type of extreme limitations opined by Dr. Robinson.
Plaintiff also attacks the ALJ’s reliance on her ability to talk on the phone and watch television.
While “the ALJ may not rely on minimal daily activities as substantial evidence that a claimant
does not suffer disabling pain,” 49 that is not what happened here. Plaintiff’s own testimony
demonstrates more than minimal daily activity and the ALJ properly considered it in determining
47

Clifton, 79 F.3d at 1009–10 (“[A]n ALJ is not required to discuss every piece of
evidence.”).
48

Keyes-Zachary v. Astrue, 695 F.3d 1156, 1167 (10th Cir. 2012).

49

Thompson v. Sullivan, 987 F.2d 1482, 1490 (10th Cir. 1993).
8

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that Dr. Robinson’s opinion was unpersuasive. In the end, Plaintiff essentially asks the Court to
reweigh the evidence and substitute its judgment for that of the ALJ, which it cannot do. 50 The
ALJ conducted the proper legal analysis and her findings are supported by substantial evidence.
IV. CONCLUSION
Having made a thorough review of the entire record, the Court hereby AFFIRMS the
decision of the Commissioner.
DATED this 6th day of May, 2022.
BY THE COURT:

PAUL KOHLER
United States Magistrate Judge

50

Madrid v. Barnhart, 447 F.3d 788, 790 (10th Cir. 2006)
9