Allen v. Saul

CourtDistrict Court, D. Minnesota
DecidedMarch 11, 2021
Docket0:20-cv-00744
StatusUnknown

This text of Allen v. Saul (Allen v. Saul) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Saul, (mnd 2021).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Kaari Elizabeth A., Case No. 20-cv-744 (HB)

Plaintiff,

v. ORDER

Andrew Saul, Commissioner of Social Security,

Defendant.

Karl E. Osterhout, Osterhout Berger Disability Law, LLC, 521 Cedar Way, Suite 200, Oakmont, PA, 15139, for Plaintiff

Elvi D. Jenkins, Office of the General Counsel, 1301 Young Street, Suite 350, Dallas, TX, 75202, for Defendant

HILDY BOWBEER, United States Magistrate Judge1 Pursuant to 42 U.S.C. § 405(g), Plaintiff Kaari A. seeks judicial review of a final decision by the Commissioner of Social Security denying her application for disability insurance benefits (“DIB”). The matter is now before the Court on the parties’ cross- motions for summary judgment. [ECF Nos. 24, 27.] For the reasons set forth below, the Court denies Plaintiff’s motion for summary judgment and grants the Commissioner’s motion for summary judgment.

1 The parties have consented to have a United States Magistrate Judge conduct all proceedings in this case, including the entry of final judgment. I. Background A. Treatment History

Plaintiff was born in November 1965. (Soc. Sec. Admin. R. (hereafter “R.”) 38 [ECF No. 22].) She has a master’s degree in Learning Disabilities and Behavior Disorders K-12 and is generally in good health. (See R. 39, 965, 1433.) Plaintiff’s most recent work was in 2015 at a private college preparatory school in Minnesota as an education specialist. (See R. 26, 44, 1434.) Plaintiff contends that as a result of a “non- ergonomic work station” she developed issues with her hands and wrists. (R. 44.)

Plaintiff was initially diagnosed with de Quervain tenosynovitis and carpal tunnel syndrome in her right hand and, beginning in 2012, she underwent several surgeries and extensive therapy. (See R. 440, 459, 462, 485, 495.) Although Plaintiff experienced some improvement, she continued to have pain in her right thumb and, at the same time, began developing similar symptoms in her left hand. (See, e.g., R. 547, 566, 571, 603.)

In April 2014 Plaintiff had a trigger thumb release surgery on her left thumb. (R. 636.) Plaintiff’s left hand improved, but she continued to have discomfort and limited function in her right thumb. (See R. 647, 649, 661, 669, 673, 677, 687, 715.) In April 2015 Plaintiff saw Dr. David Falconer for a second opinion on her right thumb pain. (R. 735.) Dr. Falconer’s opinion was that there was no “realistic” option to

restore joint functionality (arthroplasty), and instead recommended Plaintiff consider fusing the joint to alleviate her pain (arthrodesis). (R. 734.) In April 2017 Dr. Falconer performed the “arthrodesis of [Plaintiff’s] right thumb [metacarpophalangeal] joint with longitudinal K-wires and figure-of-eight cerclage wire.” (R. 770.) Plaintiff’s condition then began to slowly improve. In May 2017 Plaintiff reported that her thumb felt “really good” and she experienced “minimal” pain. (R. 974–75.) After the surgery Plaintiff’s

pain diminished and grip strength improved, but she continued to struggle with repetitive fine motor movements. (R. 986, 1014, 1251, 1256, 1259–60.) In August 2018 Plaintiff indicated that the hardware in her thumb was irritating her (R. 1009) and in October 2018 Dr. Falconer removed the K-wires and figure-of-eight cerclage wire from Plaintiff’s right thumb. (R. 1430.)

B. Procedural Background Plaintiff filed an application for DIB on July 5, 2016, alleging an onset of disability date of August 17, 2013. (R. 15.) Plaintiff’s application was denied initially and on reconsideration, and she timely requested a hearing before an administrative law judge (“ALJ”). On February 25, 2019, the ALJ convened a hearing at which Plaintiff and a vocational expert testified. (R. 15.)

On March 18, 2019, the ALJ issued a written decision denying Plaintiff’s application. (R. 12–28.) First, the ALJ determined that Plaintiff’s earnings record showed that Plaintiff had enough quarters of coverage to remain insured through December 31, 2018, such that she was required to establish that she was disabled on or before that date in order to obtain DIB. (R. 16.) Following the five-step sequential

analysis outlined in 20 C.F.R. § 404.1520(a)(4), the ALJ determined that Plaintiff did not engage in substantial gainful activity from the alleged onset date through her date last insured. (R. 17.) At step two, the ALJ determined Plaintiff had the following severe impairments: cervical degenerative disc disease, right knee meniscus tear (status-post repair) and degenerative joint disease, right thumb dysfunction (status-post fusion) and right shoulder osteoarthritis. (R. 17–18.) The ALJ found at the third step that none of the

impairments met or equaled the severity of an impairment listed in 20 C.F.R. part 404, subpart P, appendix 1. (R. 19.) At step four, the ALJ assessed Plaintiff’s residual functional capacity (“RFC”). (R. 20–25.) As relevant here, the ALJ analyzed whether the intensity, persistence, and limiting effects of Plaintiff’s symptoms were as severe as she claimed. (Id.) The ALJ also analyzed and assigned evidentiary weight to medical sources who opined on

Plaintiff’s condition. (R. 24–35.) The ALJ found Plaintiff retained the RFC to perform light work, as defined in 20 C.F.R. § 404.1567(b), with the following additional restrictions: occasionally climb ladders, ropes, or scaffolds; frequently kneel, crouch, and crawl; occasionally reach overhead with the right, dominant upper extremity; and occasionally push, pull, handle, and finger with the dominant, right hand. (R. 20.) In

light of this RFC, the ALJ concluded Plaintiff could perform past relevant work as an education specialist. (R. 25.) Alternatively, the ALJ concluded Plaintiff could perform other work existing in significant numbers in the national economy. (R. 27.) Accordingly, the ALJ determined Plaintiff was not disabled. (R. 28.) The Social Security Administration (“SSA”) Appeals Council denied Plaintiff’s

request for review, which made the ALJ’s decision the final decision of the Commissioner. (R. 1.) Plaintiff then filed this action for judicial review. Plaintiff argues the ALJ erred at the fourth step by concluding that Plaintiff was able to occasionally push, pull, handle, and finger with her right hand. (Pl.’s Mem. Supp. Mot. Summ. J. at 1 [ECF No. 25].) Specifically, Plaintiff contends the ALJ erroneously assigned little weight to the medical opinions of Dr. David Falconer, MD, Plaintiff’s

treating physician, and the State Agency medical consultants. (See id. at 17–23.) Plaintiff also argues the ALJ erred by discrediting Plaintiff’s subjective account of her limitations when he determined Plaintiff’s residual functional capacity. (Id. at 24.) The Court has reviewed the entire administrative record, giving particular attention to the facts and records cited in the parties’ memoranda. The Court will incorporate the facts of record only to the extent they are helpful for context or necessary

for resolution of the specific issues presented in the parties’ motions. II. Standard of Review Judicial review of the SSA’s denial of benefits is limited to determining whether substantial evidence on the record supports the decision. 42 U.S.C. § 405(g). “Substantial evidence is less than a preponderance but is enough that a reasonable mind

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bertha Eichelberger v. Jo Anne B. Barnhart
390 F.3d 584 (Eighth Circuit, 2004)
Owen v. Astrue
551 F.3d 792 (Eighth Circuit, 2008)
Renee Toland v. Carolyn W. Colvin
761 F.3d 931 (Eighth Circuit, 2014)
Robert Karlix v. Jo Anne B. Barnhart
457 F.3d 742 (Eighth Circuit, 2006)
Marcus Hensley v. Carolyn W. Colvin
829 F.3d 926 (Eighth Circuit, 2016)
Amy Thomas v. Nancy A. Berryhill
881 F.3d 672 (Eighth Circuit, 2018)
Titus v. Sullivan
4 F.3d 590 (Eighth Circuit, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
Allen v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-saul-mnd-2021.