BATTLE v. COMMISSIONER OF SOCIAL SECURITY

CourtDistrict Court, M.D. Georgia
DecidedAugust 22, 2023
Docket5:22-cv-00137
StatusUnknown

This text of BATTLE v. COMMISSIONER OF SOCIAL SECURITY (BATTLE v. COMMISSIONER OF SOCIAL SECURITY) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BATTLE v. COMMISSIONER OF SOCIAL SECURITY, (M.D. Ga. 2023).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

D.D.B., : : Plaintiff, : : v. : No. 5:22-cv-137 (CHW) : KILOLO KIJAKAZI, : Social Security Appeal Acting Commissioner of Social Security, : : Defendant. : :

ORDER This is a review of a final decision of the Commissioner of Social Security denying Plaintiff D.D.B.’s application for disability benefits. The parties consented to have a United States Magistrate Judge conduct all proceedings in this case, and as a result, any appeal from this judgment may be taken directly to the Eleventh Circuit Court of Appeals in the same manner as an appeal from any other judgment of the United States District Court. The Commissioner’s decision is based on the application of proper legal standards and is supported by substantial evidence. Accordingly, the Commissioner’s decision is AFFIRMED. BACKGROUND Plaintiff filed an application for supplemental security income under Title XVI of the Social Security act on March 25, 2020, alleging that he had been disabled and unable to work since July 13, 2015. (R. 229-35). The Social Security Administration denied his application initially and on reconsideration. (R. 131-41). After his application was denied, Plaintiff had a hearing before an Administrative Law Judge (“ALJ”). (R. 47-89). Plaintiff was represented by counsel throughout these proceedings. The ALJ issued a decision finding that Plaintiff had not been disabled since the date his application was filed, October 22, 2021. (R. 19-46). Plaintiff requested administrative review of the ALJ’s decision, and the Appeals Council denied his request. (R. 227- 28, 4-9). Plaintiff, proceeding pro se, timely filed this action for judicial review of the ALJ’s decision.

STANDARD OF REVIEW Judicial review of a decision of the Commissioner of Social Security is limited to a determination of whether that decision is supported by substantial evidence, as well as whether the Commissioner applied the correct legal standards. Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011). “Substantial evidence” is defined as “more than a scintilla,” and as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. The Eleventh Circuit has explained that reviewing courts may not decide the facts anew, reweigh the evidence, or substitute their judgment for that of the Commissioner. Id. Rather, if the Commissioner’s decision is supported by substantial evidence, that decision must be affirmed even if the evidence preponderates against it.

EVALUATION OF DISABILITY Social Security claimants are “disabled” if they are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C. § 423(d)(1)(A). The Social Security Regulations outline a five-step sequential evaluation process for determining whether a claimant is disabled: “(1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe impairment or combination of impairments; (3) whether the impairment meets or equals the severity of the specified impairments in the Listing of impairments; (4) based on a residual functional capacity (“RFC”) assessment, whether the claimant can perform any of his or her past relevant work despite the impairment; and (5) whether there are significant numbers of jobs in the national economy that the claimant can perform given the claimant’s RFC, age, education, and work experience.” Winschel, 631 F.3d at

1178 (11th Cir. 2011) (citing 20 C.F.R. §§ 404.1520(a)(4)(i)-(v); 416.920(a)(4)(i)-(v)). MEDICAL RECORD This record focuses primarily on Plaintiff’s treatment at Central Georgia Heart Center for his postural orthostatic tachycardia syndrome (“POTS”), as those records comprise the bulk of his relevant medical history. On September 8, 2015, Plaintiff visited Dr. Carmine Oddis at Central Georgia Heart Center reporting dizziness, chest pain, headache, nausea, joint pain, muscle pain, back pain, neck pain, and shoulder pain. (R. 431). Plaintiff was not experiencing fatigue or palpitations, and he described his chest pain as a five out of ten. (Id.) Plaintiff was given an EKG exam, which measured his sinus rhythm at 69 BPM. (R. 433). Plaintiff visited Dr. Robert Pye at Central

Georgia Heart Center on October 20, 2015, reporting dizziness. (R. 426). Plaintiff denied experiencing chest pain, palpitations, syncope, or edema at that time. (Id.) Plaintiff received an EKG exam, which found a normal sinus rhythm with a rate of 74 BPM. (R. 428). Plaintiff was prescribed fludrocortisone acetate to help with his reported dizziness. (R. 429). Plaintiff visited Dr. Oddis again on November 24, 2015. (R. 421). At the time, Plaintiff was prescribed fludrocortisone acetate and Cardizem CD. (Id.) Plaintiff had previously reported fatigue, chest pain, dizziness, shortness of breath, headache, and nausea, but he confirmed that most of his symptoms had improved since his last visit, with the exception of dizziness. (Id.) Plaintiff also reported experiencing head pain and stated that he “only feels better” when lying down. (R. 422). Plaintiff received an EKG exam on November 24, 2014, which found a normal sinus rhythm of 83 BPM. (R. 423). Plaintiff’s medications were adjusted such that his prescription for Florinef was stopped and a prescription for Ritalin was added. (R. 424). Plaintiff visited Dr. Oddis on February 2, 2016. (R. 416). Plaintiff was then prescribed

Ritalin and Cardizem CD. (Id.) This visit concluded his Cardizem prescription, as he had completed the course of treatment. (Id.) Plaintiff reported dizziness and syncope and denied having chest pain, palpitations, low blood sugar symptoms, or edema. (Id.) Plaintiff noted that he was having problems with his medications but confirmed that he had been taking them as prescribed and did not report any significant side effects. (Id.) Plaintiff received an EKG on February 2, 2016, which found normal sinus rhythm with a rate of 82 BPM. (R. 418). Plaintiff was prescribed Mestinon to help with his continued dizziness during that same visit. (R. 419). Plaintiff went to Dr. Oddis on March 8, 2016, reporting fatigue, chest pain, dizziness, cough, shortness of breath, headaches, nausea, diarrhea, bright blood in his stool, depression, and difficulties sleeping. (R. 411). Plaintiff was prescribed Nexium, Mestinon, and Ritalin. (Id.)

Plaintiff returned to Dr. Oddis on August 23, 2016, regarding his POTS. (R. 406). Plaintiff was prescribed Mestinon, Nexium, and Ritalin at that time; however, he reported that he had not been taking the Mestinon because the pharmacy was out of stock. (Id., R. 407). Plaintiff also reported experiencing fever, fatigue, dizziness, tachycardia, cough, shortness of breath, headaches, sweating, nausea, diarrhea, rash, anxiety, and depression. (Id.) Plaintiff visited Dr. Oddis again on February 28, 2017. (R. 401). At the time, Plaintiff was still taking Mestinon, Nexium, and Ritalin. (Id.) Plaintiff complained of fatigue, dizziness, shortness of breath, headaches, sweating, nausea, diarrhea, joint pain, muscle pain, pain while walking, and blurry vision. (Id.) Plaintiff returned to Dr. Oddis on January 30, 2018, for a follow up appointment related to his POTS. (R. 391).

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Bluebook (online)
BATTLE v. COMMISSIONER OF SOCIAL SECURITY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battle-v-commissioner-of-social-security-gamd-2023.