Benson v. Commissioner of Social Security Administration

• Court: District Court, D. Arizona
• Decided: July 12, 2024
• Docket: 2:23-cv-01371
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Judy Benson, No. CV-23-01371-PHX-MTL

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 At issue is the denial by the Social Security Administration of Plaintiff Judy 16 Benson’s application for Title XVI Supplemental Security Income benefits under the 17 Social Security Act. Plaintiff filed a complaint (Doc. 1) with the Court seeking review of 18 her claim. The Court has reviewed the briefs1 (Docs. 9, 13) and the administrative record 19 (Doc. 8 “A.R.”), and now affirms the Administrative Law Judge’s (“ALJ”) decision. 20 I. BACKGROUND 21 Plaintiff filed an application for supplemental security income benefits on 22 December 13, 2019,2 for a period of disability beginning on February 1, 2019. (A.R. at 23 233.) Plaintiff’s claims were initially denied on July 17, 2020 (id. at 141-45), and upon 24 reconsideration on December 16, 2020. (Id. at 147-52.) Thereafter, Plaintiff filed a request 25 for a hearing which was held before the ALJ on May 19, 2022. (Id. at 82-103.) On June 9,

26 1 Plaintiff has not filed a reply brief within the time allotted by the Local Rules of Civil Procedure. See LRCiv 16.1(c). The Court thus concludes that Plaintiff has waived the 27 opportunity to file a reply brief. 2 The application shows a date of December 31, 2019; however, the ALJ and both briefs 28 provide December 13, 2019, as the application date. (A.R. at 233; Doc. 9 at 1; Doc. 13 at 2.) This discrepancy, however, does not affect the Court’s analysis. 1 2022, the ALJ issued a ruling unfavorable to Plaintiff. (Id. at 20-38.) Plaintiff subsequently 2 filed a request for review, which was denied on May 31, 2023. (Id. at 1-6.) Plaintiff now 3 seeks judicial review with this Court pursuant to 42 U.S.C. § 405(g). 4 The Court has reviewed the record and will discuss the pertinent evidence in 5 addressing the issues raised by the parties. Upon considering the medical evidence and 6 opinions, the ALJ evaluated Plaintiff’s disability claim based on the following severe 7 impairments: diabetes mellitus, small fiber peripheral neuropathy, obesity, Guillain Barre 8 syndrome, status-post anterior talofibular ligament repair, fibromyalgia, chronic 9 obstructive pulmonary disease, cyclical vomiting syndrome, and Morton’s neuroma. (A.R. 10 at 26.) This appeal focuses on symptoms of cyclical vomiting syndrome. (See Doc. 9.) 11 The ALJ found that Plaintiff did not have an impairment or combination of 12 impairments that met or medically equaled the severity of one of the listed impairments of 13 20 C.F.R. Part 404, Subpart P, Appendix 1. (A.R. at 29.) Next, the ALJ determined 14 Plaintiff’s residual functional capacity (“RFC”).3 The ALJ found: 15 [T]he claimant has the [RFC] to perform light work as defined 16 in 20 CFR 416.967(b), with the following additional limitations: the claimant can frequently balance and stoop; 17 occasionally kneel, crouch, and climb ramps and stairs; never 18 crawl, or climb ladders, ropes, or scaffolds; must avoid concentrated exposure to temperature extremes, humidity, 19 vibration, and pulmonary irritants; and have no exposure to workplace hazards, including unprotected heights and moving 20 mechanical parts. 21 22 (Id. at 30.) Based on this RFC, the ALJ found Plaintiff could perform past relevant work 23 as an order taker. (Id. at 36.) Consequently, the ALJ concluded that Plaintiff was not 24 disabled under § 1614(a)(3)(A) of the Social Security Act. (Id. at 38.) 25 II. LEGAL STANDARD 26 In determining whether to reverse an ALJ’s decision, the district court reviews only 27 those issues raised by the party challenging the decision. See Lewis v. Apfel, 236 F.3d 503,

28 3 Residual functional capacity refers to the most a claimant can still do in a work setting despite his or her limitations. 20 C.F.R. § 416.945(a)(1). 1 517 n.13 (9th Cir. 2001). The Court may set aside the Commissioner’s determination only 2 if it is not supported by substantial evidence or is based on legal error. Orn v. Astrue, 495 3 F.3d 625, 630 (9th Cir. 2007). Substantial evidence is relevant evidence that a reasonable 4 person might accept as adequate to support a conclusion considering the entire record. Id. 5 To determine whether substantial evidence supports a decision, the Court must consider 6 the entire record and may not affirm simply by isolating a “specific quantum of supporting 7 evidence.” Id. (citation omitted). Generally, “[w]here the evidence is susceptible to more 8 than one rational interpretation, one of which supports the ALJ’s decision, the ALJ’s 9 conclusion must be upheld.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002) 10 (citation omitted). The substantial evidence threshold “defers to the presiding ALJ, who 11 has seen the hearing up close.” Biestek v. Berryhill, 587 U.S. 97, 108 (2019); see also 12 Thomas v. CalPortland Co., 993 F.3d 1204, 1208 (9th Cir. 2021) (noting substantial 13 evidence “is an extremely deferential standard”). 14 To determine whether a claimant is disabled, the ALJ follows a five-step process. 15 20 C.F.R. § 416.920(a)(4). The claimant bears the burden of proof on the first four steps, 16 but the burden shifts to the Commissioner at step five. Tackett v. Apfel, 180 F.3d 1094, 17 1098 (9th Cir. 1999). At the first step, the ALJ determines whether the claimant is presently 18 engaging in substantial gainful activity. 20 C.F.R. § 416.920(a)(4)(i), (b). If so, the 19 claimant is not disabled, and the inquiry ends. Id. At step two, the ALJ determines whether 20 the claimant has a “severe” medically determinable physical or mental impairment. Id. 21 § 416.920(a)(4)(ii), (c). If not, the claimant is not disabled, and the inquiry ends. Id. At step 22 three, the ALJ considers whether the claimant’s impairment or combination of impairments 23 meets or medically equals an impairment listed in Appendix 1 to Subpart P of 20 C.F.R. 24 Part 404. 20 C.F.R. § 416.920(a)(4)(iii), (d). If so, the claimant is automatically found to 25 be disabled. Id. At step four, the ALJ assesses the claimant’s RFC and determines whether 26 the claimant is still capable of performing past relevant work. Id. § 416.920(a)(4)(iv), (e). 27 If so, the claimant is not disabled, and the inquiry ends. Id. If not, the ALJ proceeds to the 28 fifth and final step, where the ALJ determines whether the claimant can perform any other 1 work in the national economy based on the claimant’s RFC, age, education, and work 2 experience. 20 C.F.R. § 416.920(a)(4)(v), (f). If not, the claimant is disabled. Id. 3 III. DISCUSSION 4 Plaintiff raises two issues before the Court. First, Plaintiff argues the ALJ erred by 5 formulating an RFC contrary to the record as a whole, including being contrary to “the 6 ALJ’s own findings, [Plaintiff’s] statements, and the medical record.” (Doc. 9 at 1.) Next, 7 Plaintiff argues the ALJ erred in her evaluation of Plaintiff’s subjective allegations, 8 specifically because the RFC did not properly evaluate Plaintiff’s testimony. (Id.) Both 9 sections of Plaintiff’s brief primarily argue that symptoms of cyclical vomiting syndrome 10 were not properly considered into the RFC, so this will be the focus of the Court’s 11 discussion. The Court will begin by assessing the ALJ’s treatment of Plaintiff’s subjective 12 allegations as that is a common issue in both of Plaintiff’s assignments of error. (Id.) 13 A. Plaintiff’s Subjective Allegations 14 The ALJ properly analyzed Plaintiff’s testimony, found those subjective allegations 15 to be inconsistent with the evidence in the record, and then included that determination in 16 her RFC determination. (A.R. at 31-36.) 17 An ALJ employs a two-step process in evaluating a claimant’s symptom testimony. 18 Garrison v. Colvin, 759 F.3d 995, 1014 (9th Cir. 2014). First, the ALJ considers whether 19 the claimant has presented objective medical evidence of an impairment “which could 20 reasonably be expected to produce the pain or symptoms alleged.” Lingenfelter v. Astrue, 21 504 F.3d 1028, 1035-36 (9th Cir. 2007). Then, provided no evidence of malingering exists, 22 the ALJ must evaluate the claimant’s statements in the context of the objective medical 23 evidence and other evidence in the record. See 20 C.F.R. § 416.929(c)(2)-(3). At this step, 24 “the ALJ can reject the claimant’s testimony about the severity of [their] symptoms only 25 by offering specific, clear and convincing reasons for doing so.” Garrison, 759 F.3d at 26 1014-15 (internal quotation marks omitted). This requirement prevents an ALJ from 27 “arbitrarily discredit[ing]” the claimant’s subjective symptom testimony. Thomas, 278 28 F.3d at 958. Despite the “clear and convincing standard [being] the most demanding 1 required in Social Security cases,” Garrison, 759 F.3d at 1015 (cleaned up), the ALJ need 2 not “believe every allegation of disabling pain.” Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 3 1989), superseded on other grounds by 20 C.F.R. § 404.1502(a). 4 Instead, when assessing the claimant’s credibility, the ALJ may consider 5 “inconsistencies either in [the] claimant’s testimony or between his testimony and his 6 conduct, claimant’s daily activities, claimant’s work record, and testimony from physicians 7 and third parties concerning the nature, severity, and effect of the symptoms of which [the] 8 claimant complains.” Thomas, 278 F.3d at 958-59 (cleaned up). Should the district court 9 find that the ALJ’s specific, clear, and convincing reasons are supported by substantial 10 evidence, the court must not second guess the ALJ’s judgment and should affirm the ALJ’s 11 decision. See Fair, 885 F.2d at 604. 12 Here, the ALJ initially provided a detailed overview of Plaintiff’s testimony. This 13 overview included her allegations of “cyclic vomiting syndrome, Guillain Barre, memory 14 loss, gastroesophageal reflux disease, POTS, diabetes, high blood pressure, high 15 cholesterol, and extreme neuropathy.” (A.R. at 31.) Importantly, the ALJ also noted that 16 Plaintiff testified she had recently worked five days a week as a babysitter and tutor, 17 interviewed for a customer service position at CarMax, and attempted to return to her job 18 at 1-800-Flowers. (Id.) The ALJ then found:

19 The claimant had anxiety and she did not know when an 20 episode of cyclical vomiting would occur. She had difficulties when she left the home. The claimant testified that she woke 21 up nauseous and she vomited every day. Moreover, the 22 claimant testified that she had difficulties with anxiety. She had been in a hiatus from counselling due to her surgery. The 23 claimant testified that she was not on medications for diabetes 24 or neuropathy. She had issues with feeling in her feet. The claimant testified that her diabetes was now in control with 25 exercise and her diet. Furthermore, she reported that she 26 walked around her building for exercise. The claimant testified that she used marijuana for her pain and nausea. 27 28 (Id.) 1 Next, the ALJ followed the two-step process, first finding that Plaintiff’s “medically 2 determinable impairments could reasonably be expected to produce the above alleged 3 symptoms . . . .” (Id.) At step two, the ALJ then found that Plaintiff’s “statements 4 concerning the intensity, persistence, and limiting effects of [Plaintiff’s] symptoms are not 5 entirely consistent with the medical evidence and other evidence in the record for the 6 reasons explained in this record.” (Id.) 7 To support this determination, the ALJ turned to the medical evidence in the record. 8 (A.R. at 31.) The ALJ began with positive findings that were evidence of the Plaintiff’s 9 impairment. (A.R. at 31-33.) For example, the ALJ acknowledged that Plaintiff was 10 hospitalized with cyclic vomiting syndrome for two to three days (A.R. at 32, 565) and had 11 reported vomiting and nausea in the past (A.R at 32, 573). The ALJ also acknowledged 12 Plaintiff had shown evidence of cyclical vomiting syndrome and found that this impairment 13 resulted in the limitations listed in the RFC. (A.R. at 33.) 14 Nevertheless, the ALJ then found that “greater restrictions [beyond the RFC] are 15 not warranted by the evidence of the record.” (A.R. at 34.) For example, beginning with 16 medical evidence, the ALJ stated that there was evidence Plaintiff’s cyclical vomiting 17 syndrome was controlled and that “there [was] only sparse follow up with a 18 gastroenterologist.” (Id.) While Plaintiff notes that there is not a citation for this statement, 19 there is undoubtedly support for this finding, as during the Plaintiff’s testimony, she stated 20 that Zofran helped her vomiting problems about 50 percent of the time. (A.R. at 94-95.) 21 Furthermore, the ALJ also noted that Plaintiff had reported that she preferred not to take 22 medications, her conditions were intermittent, and in recent records Plaintiff had denied 23 nausea. (A.R. at 34, 739, 854.) 24 The ALJ also listed nonmedical evidence that supported her decision to not find 25 greater restrictions beyond the RFC. (A.R. at 34.) For example, the ALJ noted that Plaintiff 26 “testified that she could still perform her prior work at 1-800-Flowers, but she was not able 27 to return because the company no longer employed workers in Arizona, a reason not related 28 to her medical impairments.” (Id.) The ALJ also noted that Plaintiff testified she had 1 interviewed for a job with CarMax, and believed she could have performed a customer 2 service role there. (Id.) Both of these statements, from within Plaintiff’s own testimony, 3 give support to the ALJ’s findings of the symptom allegations as they indicate Plaintiff’s 4 ability to work. (A.R. at 92-93.) 5 Furthermore, the ALJ also analyzed Plaintiff’s activities of daily living, which were 6 also inconsistent with Plaintiff’s allegations. For example, the ALJ stated that Plaintiff 7 reported caring for pets, cooking her own meals, vacuuming multiple times a week, 8 washing laundry, shopping in stores, and going to the grocery store. (A.R. at 35.) These 9 actions were found to be inconsistent with Plaintiff’s allegations of complete inability to 10 work because “[s]ome of the physical and mental abilities and social interactions required 11 in order to perform these activities are the same as those necessary for obtaining and 12 maintaining employment.” (Id.) 13 The ALJ properly relied on overwhelming substantial evidence to discount 14 Plaintiff’s allegations. The medical evidence showing partial control of the impairment and 15 denials of nausea (A.R. at 94-95, 854), the nonmedical evidence including Plaintiff’s 16 testimony stating that she herself applied for jobs and believed she could perform them 17 despite her impairments (A.R. at 92-93), and the evidence of daily activities that are 18 analogous to the types of activities required for employment are all specific, clear, and 19 convincing reasons supporting the ALJ’s decision to find Plaintiff’s testimony inconsistent. 20 Furthermore, those specific, clear, and convincing reasons are backed by substantial 21 evidence, as discussed above. See Orn, 495 F.3d at 630 (“[Substantial evidence] is such 22 relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” 23 (cleaned up)). 24 B. RFC Formulation 25 When calculating a claimant’s RFC, the ALJ must account for all relevant medical 26 evidence and descriptions of claimant’s limitations. 20 C.F.R. § 416.945(a)(3); Laborin v. 27 Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017). This Court will affirm an ALJ’s RFC 28 determination where the ALJ has applied the proper legal standard and supported her 1 decision with substantial evidence. Bayliss v. Barnhart, 427 F.3d 1211, 1217 (9th Cir. 2 2005). 3 Here, the ALJ properly formulated Plaintiff’s RFC. After stating the RFC as 4 described supra Section I, the ALJ analyzed Plaintiff’s allegations, the medical record, and 5 other evidence under the proper legal standard. (A.R. at 30-36.) Furthermore, as discussed 6 in length in Section III.A, the ALJ’s decision to discount Plaintiff’s subjective allegations 7 was supported by a variety of substantial evidence. The ALJ then properly formulated the 8 RFC. 9 Furthermore, the ALJ did not err as the RFC was not contrary to the ALJ’s own 10 findings or the medical record. Plaintiff’s argument that the RFC was contrary to the ALJ’s 11 own findings is premised on the idea that because the ALJ acknowledged Plaintiff’s 12 cyclical vomiting syndrome as severe, the ALJ was thus required to find that Plaintiff was 13 disabled. (See Doc. 9 at 5.) This characterization is inaccurate, as an ALJ must account for 14 all relevant medical evidence and descriptions of a claimant’s limitations. 20 C.F.R. 15 § 416.945(a)(3); Laborin, 867 F.3d at 1153. Therefore, as discussed above, the record 16 supports the ALJ’s RFC determination. For example, Plaintiff herself testified that she had 17 recently babysat and tutored a six-year-old child (A.R. at 89) and that she could have 18 worked a customer service job for CarMax as long as she did not start vomiting (id. at 93). 19 The ALJ also noted evidence of Plaintiff engaging in activities with mental and physical 20 requirements which are “the same as those necessary for obtaining and maintaining 21 employment.” (Id. at 35.) In addition, none of the State agency medical consultants found 22 Plaintiff to be fully disabled, which the Plaintiff did not dispute in her complaint or brief. 23 (See A.R. at 35-36; Doc. 9.) Indeed, the record as a whole supports the ALJ’s RFC 24 formulation. 25 IV. CONCLUSION 26 Accordingly, 27 IT IS ORDERED affirming the June 9, 2022 decision by the Administrative Law 28 Judge (A.R. at 20-38.) 1 IT IS FURTHER ORDERED directing the Clerk to enter final judgment □□ consistent with this Order and close this case. 3 Dated this 12th day of July, 2024. 4 . 5 Wichasl T. hurdle 6 Michael T, Liburdi 5 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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