Bonnie Meuzelaar v. Comm'r of Social Security

648 F. App'x 582
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 16, 2016
Docket15-2341
StatusUnpublished
Cited by15 cases

This text of 648 F. App'x 582 (Bonnie Meuzelaar v. Comm'r of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bonnie Meuzelaar v. Comm'r of Social Security, 648 F. App'x 582 (6th Cir. 2016).

Opinion

SUTTON, Circuit Judge.

Bonnie Meuzelaar sought Social Security Disability Insurance benefits and Supplemental Security Income due to fibro-myalgia and recurring knee, back, and neck pain. Finding that Meuzelaar was not disabled, an administrative law judge declined her request. The district court denied relief and so do we, because substantial evidence supports the ALJ’s decision.

In May 2009, Meuzelaar, then forty-seven, went to a clinic. A nurse found that Meuzelaar had symptoms .of hypertension, fibromyalgia, and arthritis, wrote Meuzelaar multiple prescriptions, and discussed dietary changes and pain-management strategies with her. Over the next few years, Meuzelaar returned to the same nurse dozens of times, complaining of fi-bromyalgia-related symptoms, chronic back pain, leg pain, and, at times, difficulty sleeping. The nurse continued to monitor Meuzelaar’s health and suggest treatment options, writing a report after each visit.

In 2011, Meuzelaar applied for Social Security Disability Insurance benefits and Supplemental Security Income. The disability examiner denied Meuzelaar’s requests, and an ALJ followed suit after a hearing. Because the appeals council denied review, the ALJ’s decision is the final decision of the Commissioner. Sims v. Apfel, 530 U.S. 103, 107 & n. 2, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000). Meuzelaar challenged that decision before a district court, but it upheld the denial of benefits.

We review the Commissioner’s factual findings for substantial evidence, asking whether “a reasonable mind might accept” the relevant evidence “as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quotation omitted); see 42 U.S.C. § 405(g).

To receive disability benefits, Meuzelaar must show that she could not “engage in any substantial gainful activity” because of a long-lasting “medically determinable ... impairment.” 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A); see Barnhart v. Walton, 535 U.S. 212, 217, 122 S.Ct. 1265, 152 L.Ed.2d 330 (2002). Five questions guide the Commissioner’s (and ALJ’s) assessment of a disability-benefits application: (1) Has the claimant shown that she is not *584 engaged in “substantial gainful activity”? (2) Does she have a “severe impairment”? (3) Is the impairment on the “list of impairments presumed severe enough to render one disabled”? (4) Can the claimant perform her past jobs? And (5) can she perform other jobs “existing in significant numbers in the national economy”? Barnhart v. Thomas, 540 U.S. 20, 24-25, 124 S.Ct. 376, 157 L.Ed.2d 333 (2003); see 20 C.F.R. §§ 404.1520, 416.920.

The ALJ adhered to this procedure. After moving through the first step, the ALJ found at steps two and three that Meuzelaar was hampered by several severe impediments (although none of them automatically made her disabled): obesity, fibromyalgia, degenerative joint disease, degenerative disc disease, arthritis, and varicose veins. But the fourth step defeated Meuzelaar’s application because, as the ALJ found, Meuzelaar was capable of performing her past work as a cashier. That meant the ALJ did not need to reach step five, and that meant Meuzelaar was not disabled for purposes of Social Security benefits. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4).

Substantial evidence supports the ALJ’s decision. In determining Meuzelaar’s limitations, the ALJ mainly relied on the testimony of .the physician and psychologist who examined her, the only “acceptable medical sources” in the record. See 20 C.F.R. §§ 404.1513(a), 416.913(a). The physician found that Meuzelaar’s health issues resulted in “some limitations” on the work she could perform, but noted that she could stand for six hours a day, sit for another six hours a day, and perform occasional lightweight lifting. AR 62. The ALJ also relied on a nurse’s assessment. Although such an opinion — be it the opinion of a nurse or a nurse practitioner — is entitled to less weight than a physician’s opinion because a nurse is not an “acceptable medical source,” see Cruse v. Comm’r of Soc. Sec., 502 F.3d 532, 541 (6th Cir.2007); 20 C.F.R. §§ 404.1513(d)(1), 416.913(d)(1), the ALJ still appropriately discussed the nurse’s reports. In addition, the ALJ considered Meuzelaar’s testimony about her limitations and an MRI indicating that Meuzelaar had degenerative disc disease.

On the basis of this evidence, the ALJ found that Meuzelaar was “limited to the light exertional level” and that her pain required her to be able to sit and stand at will on the job — something that the vocational expert testified was a viable option in many cashier jobs. AR 72. That meant Meuzelaar was capable of performing some of her past work. Because “the ALJ asked the right questions and provided reasonable answers,” Taskila v. Comm’r of Soc. Sec., 819 F.3d 902, 905 (6th Cir.2016), substantial evidence supports the finding that Meuzelaar is not disabled.

Meuzelaar’s counterarguments are not convincing.

First, Meuzelaar claims that the ALJ did not give enough weight to the nurse’s reports. Meuzelaar starts in the right place, pointing out that even though the nurse is not an acceptable medical source, the ALJ still must consider her opinion and how much weight to give it. See Cruse, 502 F.3d at 541. Meuzelaar goes astray, however, in reading the record, which shows that the ALJ did just that. The ALJ discussed Meuzelaar’s lengthy “medical record,” captured almost exclusively in the nurse’s post-visit reports. AR 72. The ALJ also noted that the nurse thought Meuzelaar “would have difficulty standing for extended periods due to pain and would be better off alternating positions,” id., and that she “ha[d] some difficulty rising from the sitting position,” id. at 73.

*585 But, Meuzelaar responds, that was not enough; the ALJ needed to account for two particular reports from the nurse: a June 2009 post-visit report instructing Meuzelaar to lift-no more than ten pounds, and a February 2012 report discussing Meuzelaar’s limitations.

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648 F. App'x 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonnie-meuzelaar-v-commr-of-social-security-ca6-2016.