Anderson v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma·Decided September 27, 2019·No. 5:19-cv-00018·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

MICHELLE ANDERSON, ) ) Plaintiff, ) ) v. ) Case No. CIV-19-18-STE ) ANDREW M. SAUL, ) Commissioner of the Social Security ) Administration, ) ) Defendant.1 )

MEMORANDUM OPINION AND ORDER Plaintiff Michelle Anderson brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of the Social Security Administration’s (SSA) denial of disability benefits. The SSA Commissioner has answered and filed the administrative record (hereinafter TR. ____). The parties have consented to jurisdiction over this matter by a United States magistrate judge pursuant to 28 U.S.C. § 636(c). The parties have briefed their positions, and the matter is now at issue. Based on the Court’s review of the record and the issues presented, the Court REVERSES AND REMANDS the Commissioner’s decision. I. PROCEDURAL BACKGROUND Plaintiff’s applications for supplemental security income and disability insurance benefits were denied initially and on reconsideration. Following a hearing, an

1 On June 17, 2019, Andrew M. Saul was sworn in as the Commissioner of Social Security and he is substituted as the proper Defendant. Fed. R. Civ. P. 25(d). Administrative Law Judge (ALJ) issued an unfavorable decision. (TR. 13-31). The Appeals Council denied Plaintiff’s request for review. (TR. 1-4). Ms. Anderson then filed an appeal in this Court, which remanded the matter for further administrative proceedings. (TR.

1010-1032). Following a second administrative hearing, the ALJ issued another unfavorable decision. (TR. 905-920). Plaintiff did not file an appeal with the Appeals Council, but instead filed the instant action. (ECF No. 1). Thus, it is in this posture that the case is before the Court once again, with the second decision of the ALJ being the final decision of the Commissioner. II. THE ADMINISTRATIVE DECISION

The ALJ followed the five-step sequential evaluation process required by agency regulations. , 431 F.3d 729, 731 (10th Cir. 2005); 20 C.F.R. §§ 404.1520 & 416.920. At step one, the ALJ determined that Plaintiff had not engaged in substantial gainful activity since January 3, 2013, the alleged disability onset date. (TR. 908). At step two, the ALJ determined Ms. Anderson had the following severe impairments: osteoarthritis; right hip labrum repair; migraines; degenerative disc disease—lumbar spine; chronic obstructive pulmonary disease; mitral valve prolapse;

depression; bipolar disorder; and anxiety. (TR. 908). At step three, the ALJ found that Plaintiff’s impairments did not meet or medically equal any of the presumptively disabling impairments listed at 20 C.F.R. Part 404, Subpart P, Appendix 1 (TR. 909). At step four, the ALJ found that Plaintiff could not perform her past relevant work. (TR. 918). The ALJ further concluded that Ms. Anderson had the residual functional capacity (RFC) to: [P]erform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except the claimant can lift 20 pounds occasionally and 10 pounds frequently; stand/walk 6 hours in an 8 hour day; sit 6 hours in an 8 hour day with normal breaks; never climb ladders/ropes/scaffolds; occasional climbing ramps/stairs; occasionally balance, stoop, kneel, crouch, and crawl; no exposure to environmental irritants such as odors, fumes, dusts, and gases; simple, routine, repetitive tasks; occasional interaction with coworkers, supervisors, and the public; and free of production rate pace.

(TR. 912). Based on the finding that Ms. Anderson could not perform her past relevant work, the ALJ proceeded to step five. There, the ALJ presented the RFC limitations to a vocational expert (VE) to determine whether there were other jobs in the national economy that Plaintiff could perform. (TR. 944-945). Given the limitations, the VE identified three jobs from the Dictionary of Occupational Titles. (TR. 945). The ALJ adopted the testimony of the VE and concluded that Ms. Anderson was not disabled based on her ability to perform the identified jobs. (TR. 920). III. ISSUES PRESENTED On appeal, Ms. Anderson alleges the ALJ erred in failing to properly: (1) evaluate evidence related to Plaintiff’s migraine headaches and (2) evaluate Plaintiff’s subjective complaints. (ECF No. 13:4-13). IV. STANDARD OF REVIEW This Court reviews the Commissioner’s final “decision to determin[e] whether the factual findings are supported by substantial evidence in the record and whether the correct legal standards were applied.” , 602 F.3d 1136, 1140 (10th Cir. 2010). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” (quotation omitted). While the court considers whether the ALJ followed the applicable rules of law in weighing particular types of evidence in disability cases, the court will “neither reweigh the evidence nor substitute [its] judgment for that of the agency.” , 805

F.3d 1199, 1201 (10th Cir. 2015) (internal quotation marks omitted). V. THE ALJ’S CONSIDERATION OF EVIDENCE RELATED TO PLAINTIFF’S MIGRAINE HEADACHES

The record contains evidence from Deaconess Family Care which documents Plaintiff’s treatment for migraine headaches from Dr. Douglas Brant and Advanced Registered Nurse Practitioner Lyn Brant, from January 2011 through October 2014. (TR. 349-375, 377-668, 676-692, 701-896). According to Ms. Anderson, the ALJ erred in failing to properly consider and evaluate: (1) evidence from Nurse Brant that Plaintiff’s migraines were “disabling” and (2) opinions from Dr. Brant regarding Plaintiff’s migraines and associated symptoms and limitations. (ECF No. 13:4-9). The Court agrees. A. Evidence from Nurse Brant

On March 24, 2014, Ms. Anderson was seen by Nurse Brant, complaining of a migraine which rated 7/10 on the pain scale. (TR. 841). In summarizing the visit, Nurse Brant stated that “[Plaintiff’s] migraines are disabling.” (TR. 846). Plaintiff contends the ALJ erred in failing to consider this particular statement from Nurse Brant,2 but the Commissioner disagrees, arguing: (1) the statement from Nurse Brant was not a “medical opinion,” (2) Nurse Brant was not considered an “acceptable medical source,” and (3)

2 (ECF No. 13:4-6). the statement concerned an issue of disability, which was reserved to the Commissioner. (ECF No. 16:11-13).3 As a threshold matter, the Court agrees with the Commissioner that Nurse Brant

is not considered an “acceptable medical source” and therefore cannot give a “medical opinion” within the meaning of the Commissioner’s regulations. 20 C.F.R. §§ 404.1527(a)(1), 416.927(a)(1); SSR 06-3p, 2006 WL 2329939, at *2 (Aug. 9, 2006).4 However, Nurse Brant is considered a nonacceptable or “other” medical source, and, as such, her opinion is to be considered as evidence “show[ing] the severity of the individual’s impairment(s) and how it affects the individual’s ability to function.” SSR 06-

3p, at *2.

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