Dorothy L. Stafford v. Andrew Saul, Commissioner of Social Security

2020 DNH 173P
District Court, D. New Hampshire·Decided October 2, 2020·No. 19-cv-752-JL·Published

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Dorothy L. Stafford

v. Civil No. 19-cv-752-JL Opinion No. 2020 DNH 173P Andrew Saul, Commissioner of Social Security

ORDER ON APPEAL

Dorothy L. Stafford has appealed the Social Security Administration’s (“SSA”)

denial of her application for a period of disability and disability insurance benefits. Stafford initially filed her application for benefits in 2014. The Administrative Law Judge (“ALJ”) at the SSA denied her application for benefits under Title II of the Social Security Act, concluding that despite several severe impairments, Stafford retained the residual functional capacity (“RFC”) to perform jobs that exist in significant numbers in the national economy after the alleged onset date of her disability. See 20 C.F.R. §§ 404.1505(a), 416.905(a). The Appeals Council denied Stafford’s request for review, so the ALJ’s decision became the final decision on her application, see id. §§ 404.981, 416.1481.

Stafford then appealed the decision to this court, which vacated and remanded Stafford’s case to the SSA for further proceedings after concluding that “the ALJ failed to provide sufficient reasons for rejecting the opinions of Stafford’s treating sources.” Stafford v. Berryhill, No. 17-CV-345-LM, 2018 WL 3029052, at *4 (D.N.H.

June 18,2018) (McCafferty, J.). After another hearing, a new ALJ concluded that Stafford had no severe impairment or combination of impairments through her date last insured and accordingly denied her application. Stafford now appeals this decision to this court, which has jurisdiction under 42 U.S.C. § 405(g) (Social Security). After careful consideration, the court denies Stafford’s motion and grants the Acting Commissioner’s motion.

Applicable legal standard The court limits its review of a final decision of the SSA “to determining whether the ALJ used the proper legal standards and found facts upon the proper quantum of evidence.” Ward v. Comm’r of Soc. Sec., 211 F.3d 652, 655 (1st Cir. 2000). It “review[s] questions of law de novo, but defer[s] to the Commissioner's findings of fact, so long as they are supported by substantial evidence,” id., that is, “such evidence as a reasonable mind might accept as adequate to support a conclusion,” Richardson v. Perales, 402 U.S. 389, 401 (1971) (quotations omitted).

Background1 Stafford first applied for disability under Title II on April 5, 2014, alleging that she was disabled as of April 1, 2003.2 Her application was initially denied based on a lack of

1 The court recounts here only those facts relevant to the instant appeal. The parties recite the record facts more completely in their respective Statements of Material Facts (doc. nos. 8, 10). 2 She also applied under Title XVI at the same time. She has not challenged denial of that application.

evidence about her alleged disability prior to her date last insured, December 31, 2008. After a hearing, an ALJ found that, despite several severe impairments—including type II diabetes mellitus with peripheral neuropathy and degenerative disc disease of the lumbar spine—she had the RFC to perform jobs that exist in significant numbers in the national economy through her date last insured.3 The Appeals Council denied review, rendering that decision final.

Stafford appealed that decision to this court, which vacated the Commissioner’s decision and remanded the case for further proceedings. The court concluded that the ALJ erred at step four of the five-step process because he “failed to provide sufficient reasons for rejecting the opinions of Stafford’s treating sources.” Stafford, 2018 WL 3029052, at *4. Specifically, the ALJ rejected the opinions of two of Stafford’s treating podiatrists, Billie Bondar and Kevin Riemer, as well as Dr. Nicole Warren, on grounds that those opinions “relate to a time period more than seven years after the date last insured.”4 But that rationale, as the court observed, conflicted with the assessments themselves, which indicated that Stafford’s impairments existed since her date last insured. Stafford, 2018 WL 3029052, at *3. And the ALJ failed to resolve any ambiguity created by the present-tense discussion of Stafford’s functional limitations on the opinion forms. Id. at *4.

3 Admin. Rec. at 21-22.

4 Admin. Rec. at 20.

On remand, a new ALJ invoked the requisite five-step sequential evaluation process anew in assessing Stafford’s request for disability and disability insurance benefits. See 20 C.F.R. §§ 404.1520, 416.920. After determining that Stafford had not engaged in substantial gainful activity after the alleged onset of her disability (December 31, 2008) through her date last insured (also December 31, 2008) the ALJ analyzed the severity of her impairments.5 At this second step, the ALJ concluded that Stafford had the medical impairment of “diabetes mellitus with peripheral neuropathy.”6 The ALJ then concluded, however, based on a review of the record evidence, that Stafford “did not have an impairment or combination of impairments that significantly limited the ability to perform basic work-related activities for 12 consecutive months,” and thus Stafford “did not have a severe impairment or combination of impairments” and thus was not disabled.7 See 20 C.F.R. §§ 404.1509, 404.1520(a), and 404.1521. The Commissioner accordingly denied Stafford’s application for benefits. She now appeals that decision.

Analysis

To obtain disability benefits, Stafford must demonstrate that she has an “impairment or combination of impairments which significantly limits [her] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520. And she must

5 Admin. Rec. at 2093.

6 Id.

7 Id. at 2093–101.

“demonstrate that [her] disability existed prior to the expiration of [her] insured status.” Cruz Rivera v. Sec’y of Health & Human Servs., 818 F.2d 96, 97 (1st Cir. 1986). The ALJ concluded that she did not have a severe impairment prior to her date last insured.

Stafford moves to reverse this decision on three grounds. First, she argues that the ALJ erred by limiting consideration of medical evidence supporting her disability to that from the 12-month period before her date last insured. Second, she contends that the ALJ erred in weighing her own testimony about her symptoms and limitations. Finally, she argues that the ALJ erred in weighing the opinion evidence in the record. Concluding that none of these alleged errors mandate remand, the court denies Stafford’s motion and affirms the Commissioner’s decision.

A. Evidence considered To “determine whether a claimant meets the statutory definition of a disability,”

the Commissioner “shall consider all evidence available in [an] individual’s case record, and shall develop a complete medical history of at least the preceding twelve months for any case in which a determination is made that the individual is not under a disability.” Soc. Sec. Ruling, SSR 18-01p; Titles II & XVI: Determining the Established Onset Date in Disability Claims, SSR 18-01P, 2018 WL 4945639, at *4 (S.S.A. Oct. 2, 2018) (“SSR 18-01p”) (quoting 42 U.S.C. 423(d)(5)(B)). In a case like this, where the ALJ must “determine when a claimant with a non-traumatic or exacerbating and remitting impairment first met the statutory definition of disability,” the ALJ does so by

review[ing] the relevant evidence and consider[ing], for example, the nature of the claimant's impairment; the severity of the signs, symptoms, and

laboratory findings; the longitudinal history and treatment course (or lack thereof); the length of the impairment's exacerbations and remissions, if applicable; and any statement by the claimant about new or worsening signs, symptoms, and laboratory findings.

Id. at *6.

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