Amanda Beth Anderson v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration

2014 DNH 232
CourtDistrict Court, D. New Hampshire
DecidedNovember 4, 2014
Docket14-cv-15-LM
StatusPublished
Cited by3 cases

This text of 2014 DNH 232 (Amanda Beth Anderson v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amanda Beth Anderson v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration, 2014 DNH 232 (D.N.H. 2014).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Amanda Beth Anderson

v. Civil No. 14-cv-15-LM Opinion No. 2014 DNH 232 Carolyn W. Colvin, Acting Commissioner, Social Security Administration

O R D E R

Pursuant to 42 U.S.C. § 405(g), Amanda Beth Anderson moves

to reverse the Acting Commissioner’s decision to deny her

application for supplemental security income (“SSI”) under Title

XVI of the Social Security Act, 42 U.S.C. § 1382. The Acting

Commissioner, in turn, moves for an order affirming her

decision. For the reasons that follow, the decision of the

Acting Commissioner, as announced by the Administrative Law

Judge (“ALJ”), is affirmed.

Standard of Review

The applicable standard of review in this case provides, in

pertinent part:

The [district] court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing. The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive . . . .

1 42 U.S.C. § 405(g) (setting out the standard of review for

decisions on claims for disability insurance benefits); see also

42 U.S.C. § 1383(c)(3) (establishing § 405(g) as the standard of

review for SSI decisions). However, the court “must uphold a

denial of social security . . . benefits unless ‘the

[Commissioner] has committed a legal or factual error in

evaluating a particular claim.’” Manso-Pizarro v. Sec’y of HHS,

76 F.3d 15, 16 (1st Cir. 1996) (quoting Sullivan v. Hudson, 490

U.S. 877, 885 (1989)).

As for the statutory requirement that the Commissioner’s

findings of fact be supported by substantial evidence, “[t]he

substantial evidence test applies not only to findings of basic

evidentiary facts, but also to inferences and conclusions drawn

from such facts.” Alexandrou v. Sullivan, 764 F. Supp. 916,

917-18 (S.D.N.Y. 1991) (citing Levine v. Gardner, 360 F.2d 727,

730 (2d Cir. 1966)). In turn, “[s]ubstantial evidence is ‘more

than [a] mere scintilla. It means such relevant evidence as a

reasonable mind might accept as adequate to support a

conclusion.’” Currier v. Sec’y of HEW, 612 F.2d 594, 597 (1st

Cir. 1980) (quoting Richardson v. Perales, 402 U.S. 389, 401

(1971)). But, “[i]t is the responsibility of the [Commissioner]

to determine issues of credibility and to draw inferences from

the record evidence. Indeed, the resolution of conflicts in the

evidence is for the [Commissioner], not the courts.” Irlanda

2 Ortiz v. Sec’y of HHS, 955 F.2d 765, 769 (1st Cir. 1991)

(citations omitted). Moreover, the court “must uphold the

[Commissioner’s] conclusion, even if the record arguably could

justify a different conclusion, so long as it is supported by

substantial evidence.” Tsarelka v. Sec’y of HHS, 842 F.2d 529,

535 (1st Cir. 1988). Finally, when determining whether a

decision of the Commissioner is supported by substantial

evidence, the court must “review[] the evidence in the record as

a whole.” Irlanda Ortiz, 955 F.2d at 769 (quoting Rodriguez v.

Sec’y of HHS, 647 F.2d 218, 222 (1st Cir. 1981)).

Background

The parties have submitted a Joint Statement of Material

Facts, document no. 12. That statement is part of the court’s

record and will be summarized here, rather than repeated in

full.

Anderson first applied for SSI in June of 2011. She

alleged disability due to bipolar disorder, depression, anxiety,

calcifications of the brain, scoliosis,1 and fibromyalgia.2

Administrative Transcript (hereinafter “Tr.”) 122.

1 Scoliosis is an “[a]bnormal lateral and rotational curvature of the vertebral column.” Stedman’s Medical Dictionary (“Stedman’s”) 1734 (28th ed. 2006).

2 Fibromyalgia is “[a] common syndrome of chronic widespread soft-tissue pain accompanied by weakness, fatigue, and sleep disturbances; the cause is unknown.” Stedman’s, supra note 1, at 725.

3 In August of 2011, Anderson completed a function report in

connection with her SSI application. In that report, she

reported difficulty interacting with other people and extreme

pain in her back, hips, shoulders, and hands. She also reported

daily migraine headaches. Despite those symptoms, Anderson

stated that she: (1) was able to care for her children with the

help of a roommate; (2) was able maintain her personal care,

except that she had trouble bending and balancing; and (3) could

drive, shop for groceries, and handle money.

In September 2011, two state-agency consulting doctors

rendered opinions on Anderson’s residual functional capacity3

(“RFC”). Dr. James Trice, a physician, reviewed Anderson’s

medical records and rendered an opinion on her physical RFC.

Dr. William Jamieson, a clinical psychologist, reviewed

Anderson’s medical records and rendered an opinion on her mental

RFC.

In that same month, Anderson also saw Dr. Edouard Carignan,

a clinical psychologist, for a consultative evaluation.

Anderson told Dr. Carignan that she had no difficulty with

household activities and that she did not need assistance when

shopping or managing money. Dr. Carignan diagnosed Anderson

Residual functional capacity is “the most a [claimant] 3

can do despite [her] limitations.” 20 C.F.R. § 404.1545.

4 with anxiety and OCD.4 He noted diagnoses of scoliosis, asthma,

and migraines “by history.” With respect to Anderson’s

functional capacity, he wrote that Anderson “would have

extensive difficulty interacting with a supervisor who would

insist that the work be completed in a manner other than the

manner in which she found acceptable.” Tr. 350. He also noted

that Anderson would have no psychological difficulty in

performing activities of daily living, understanding or

remembering instructions, or in concentrating or completing

tasks.

In January of 2011, Anderson saw her primary healthcare

provider, Sonya Gilbert, a physician’s assistant. Gilbert

evaluated Anderson and completed a function report. In that

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