Cady v. Commissioner of Social Security

CourtDistrict Court, M.D. Florida
DecidedMay 12, 2022
Docket3:21-cv-00195
StatusUnknown

This text of Cady v. Commissioner of Social Security (Cady v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cady v. Commissioner of Social Security, (M.D. Fla. 2022).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

LISA M. CADY,

Plaintiff,

v. Case No. 3:21-cv-195-JRK

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant.

OPINION AND ORDER1 I. Status Lisa M. Cady (“Plaintiff”) is appealing the Commissioner of the Social Security Administration’s (“SSA(’s)”) final decision denying her claim for disability insurance benefits (“DIB”). Plaintiff’s alleged inability to work is the result of an adjustment disorder, anxiety, depression, carpal tunnel syndrome, attention deficit disorder, being “[d]eaf in [the] right ear” and having “hearing loss [in the] left ear,” arthritis in her left hip, chronic back issues and pain, chronic venous insufficiency, and myocardial infarction. Transcript of Administrative Proceedings (Doc. No. 14; “Tr.” or “administrative transcript”),

1 The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc. No. 13), filed August 10, 2021; Reference Order (Doc. No. 17), entered August 11, 2021. filed August 10, 2021, at 79-80, 97, 245. Plaintiff filed an application for DIB on February 19, 2019, alleging a disability onset date of July 1, 2016.2 Tr. at 203-

04. Plaintiff later amended her alleged disability onset date to September 1, 2017. Tr. at 214. The application was denied initially, Tr. at 79-93, 94, 95, 122- 24, and upon reconsideration, Tr. at 96-113, 114, 115, 126-31.

On September 17, 2020, an Administrative Law Judge (“ALJ”) held a hearing via telephone,3 during which Plaintiff (represented by a non-attorney representative, see Tr. at 33, 121) and a vocational expert (“VE”) testified. Tr. at 33-72. At the time, Plaintiff was forty-eight (48) years old. Tr. at 41. On

October 5, 2020, the ALJ issued a Decision finding Plaintiff not disabled through the date of the Decision. See Tr. at 15-27. Thereafter, Plaintiff sought review of the Decision by the Appeals Council. See Tr. at 4-5 (Appeals Council exhibit list and order), 197-99 (request

for review). On January 4, 2021, the Appeals Council denied Plaintiff’s request for review, Tr. at 1-3, thereby making the ALJ’s Decision the final decision of the Commissioner. On February 28, 2021, Plaintiff commenced this action

2 Although actually filed on February 20, 2019, see Tr. at 203, the protective filing date for the DIB application is listed elsewhere in the administrative transcript as February 19, 2019, see, e.g., Tr. at 79, 96.

3 The hearing was held via telephone because of extraordinary circumstances presented by the COVID-19 pandemic. See Tr. at 35, 73-75. under 42 U.S.C. § 405(g) by timely filing a Complaint (Doc. No. 1), through counsel, seeking judicial review of the Commissioner’s final decision.

On appeal, Plaintiff argues: 1) the ALJ’s “rationale for rejecting [Plaintiff’s] need to elevate her legs and the rejection of [a treating cardiovascular specialist’s] statement regarding [Plaintiff’s] need to elevate her legs was not supported by substantial evidence”; 2) the ALJ “erred in failing to

consider the work-related limitations associated with [Plaintiff’s] bilateral hip and lumbar spine impairments”; and 3) the ALJ “erred in ignoring evidence of record documenting limitations related to [Plaintiff’s] combined impairments.” Plaintiff’s Brief (Doc. No. 22; “Pl.’s Br.”), filed November 26, 2021, at 1; see id.

at 12-17, 17-22, 22-25. Responding, Defendant on January 20, 2022 filed a Memorandum in Support of the Commissioner’s Decision (Doc. No. 23; “Def.’s Mem.”). After a thorough review of the entire record and the parties’ respective memoranda, the undersigned finds that the Commissioner’s final decision is

due to be affirmed. II. The ALJ’s Decision

When determining whether an individual is disabled,4 an ALJ must follow the five-step sequential inquiry set forth in the Code of Federal

4 “Disability” is defined in the Social Security Act as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental

(Continued…) Regulations (“Regulations”), determining as appropriate whether the claimant (1) is currently employed or engaging in substantial gainful activity; (2) has a

severe impairment; (3) has an impairment or combination of impairments that meets or medically equals one listed in the Regulations; (4) can perform past relevant work; and (5) retains the ability to perform any work in the national economy. 20 C.F.R. § 404.1520; see also Simon v. Comm’r, Soc. Sec. Admin., 7

F.4th 1094, 1101-02 (11th Cir. 2021) (citations omitted); Phillips v. Barnhart, 357 F.3d 1232, 1237 (11th Cir. 2004). The claimant bears the burden of persuasion through step four, and at step five, the burden shifts to the Commissioner. Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987).

Here, the ALJ followed the five-step sequential inquiry. See Tr. at 17-26. At step one, the ALJ determined Plaintiff “has not engaged in substantial gainful activity since September 1, 2017, the alleged amended onset date.” Tr. at 17 (emphasis and citation omitted). At step two, the ALJ found that Plaintiff “has the following severe impairments: acute myocardial infarction; chronic

venous insufficiency; hearing loss not treated with cochlear implantation; anxiety and obsessive-compulsive disorders; and depressive, bipolar and related disorders.” Tr. at 17 (emphasis and citation omitted). At step three, the ALJ ascertained that Plaintiff “does not have an impairment or combination of

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), 1382c(a)(3)(A). impairments that meets or medically equals the severity of one of the listed impairments in 20 [C.F.R.] Part 404, Subpart P, Appendix 1.” Tr. at 18

(emphasis and citation omitted). The ALJ determined that Plaintiff has the following residual functional capacity (“RFC”): [Plaintiff can] perform light work as defined in 20 [C.F.R. §] 404.1567(b). She can lift and/or carry 20 pounds occasionally, 10 pounds frequently. She can stand and/or walk, with normal breaks, for a total of 6 hours per 8-hour workday, and can sit, with normal breaks, for a total of 6 hours per 8-hour workday. She can frequently push and pull with the left lower extremity. In terms of postural limitations, she can occasionally climb ladders, ropes, or scaffolds, and frequently climb ramps and stairs, balance, kneel, stoop, crouch and crawl. In terms of communicative limitations, she is restricted to work in an environment with a “quiet noise intensity level,” as the Selected Characteristics of Occupations defines that term, which gives examples of library, private office, funeral reception, golf course or an art museum. In terms of mental limitations, she is limited to the performance of simple and routine tasks, can only occasionally interact with the public, can occasionally interact with supervisors, and is limited to low-stress work, which I define as no fast-paced assembly line or strictly-monitored daily production quota requirements, and occasional changes in a routine work setting.

Tr. at 20 (emphasis omitted).

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