Hammond v. Social Security Administration, Commissioner

CourtDistrict Court, N.D. Alabama
DecidedAugust 8, 2025
Docket5:24-cv-00861
StatusUnknown

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

Bluebook
Hammond v. Social Security Administration, Commissioner, (N.D. Ala. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

APRIL P. HAMMOND, } } Plaintiff, } } v. } Case No.: 5:24-cv-00861-RDP } COMMISSIONER OF SOCIAL } SECURITY, } } Defendant. }

MEMORANDUM OF DECISION

Plaintiff April Hammond brings this action pursuant to Section 205(g) of the Social Security Act (the “Act”), seeking review of the decision of the Commissioner of Social Security (“Commissioner”) denying her claims for a period of disability and disability insurance benefits (“DIB”). See also, 42 U.S.C. § 405(g). Based on the court’s review of the record and the briefs submitted by the parties, the court concludes that the decision of the Commissioner is due to be affirmed. I. Proceedings Below A. Procedural History On August 24, 2022, Plaintiff filed an application for a period of disability and DIB, alleging disability beginning January 1, 2018. (Tr. 94, 186). Her claim was denied initially on March 3, 2023 and upon reconsideration on August 11, 2023. (Tr. 105-09, 111-14). She requested a hearing, which was held before Administrative Law Judge Patrick R. Digby (“ALJ”) on January 11, 2024. (Tr. 41-66, 116-17, 148-59). In his April 15, 2024 decision, the ALJ determined that Plaintiff was not disabled under the Act between January 1, 2018 and June 30, 2021, her date last insured. (Tr. 23). After the Appeals Council denied Plaintiff’s request for review of the ALJ’s decision on May 8, 2024, the decision became the final decision of the Commissioner and a proper subject for this court’s review. (Tr. 1-2). B. Plaintiff’s Testimony Plaintiff was 51 years old at the time of the hearing. (Tr. 45). She completed high school

and did not attend college. (Id.). She previously worked part-time as an online promotion representative and call-center customer service representative, and last worked full-time as a delivery driver for a dental office. (Tr. 46-47, 61, 236). Her alleged disability arises from several physical and mental conditions including herniated cervical discs, numbness and weakness in her right arm, breast cancer, diabetes, anxiety, depression, PTSD, and insomnia. (Tr. 235). According to Plaintiff, these ailments caused her to stop working at the end of 2017. (Id.). Plaintiff testified that pain and weakness in her neck, back, arms, and legs render her unable to work. (Tr. 46). She stated that although her pain medications “used to work pretty well,” they are “barely touching” her pain now. (Tr. 48). She also testified that diabetes affects her ability

to work because she is “fine” on some days but “exhausted” and “can’t function” on others. (Tr. 49). Furthermore, breast cancer-related lymphedema affects her left side, causing her hand to swell to the point of being unable to hold anything. (Tr. 46, 58). She experiences memory loss as a result of her cancer treatments and that anxiety and depression affect her ability to work because she becomes overwhelmed by “too many people.” (Tr. 49-50). Plaintiff testified that she is limited to sitting for ten to fifteen minutes before standing up or lying down, standing in one spot for ten minutes, and walking unassisted for two minutes before taking a break. (Tr. 50-51). She cannot (1) bend at her waist to retrieve something from the floor, (2) extend her arms above her head, or (3) squat, kneel, or comfortably lift more than a half-gallon of milk. (Tr. 51-52). She sometimes uses a motorized shopping cart at the grocery store. (Tr. 51). She lies down for approximately three hours during the day. (Tr. 52). She cannot stand to cook a whole meal and must periodically sit down. (Tr. 53). She takes breaks between household chores like mopping, vacuuming, and sweeping. (Id.). She has difficulty driving because operating her car’s manual transmission is painful, and she sometimes forgets where she is going. (Tr. 53-54).

Her anxiety affects her ability to engage in social activities because she never knows whether she will have to stand or sit for an extended amount of time. (Tr. 54). C. Plaintiff’s Medical Records Plaintiff has been treated by several healthcare providers for her physical conditions. In January 2017, she visited Dr. Thomas Kraus of Tennessee Valley Pain Consultants. (Tr. 1277). She complained of lower back pain radiating down her legs with a pain level of 3/10. (Id.). At a prior visit, she reported that her pain began after a motor vehicle accident in 2012 and that she has been treated intermittently in the intervening years. (Tr. 1282). Imaging done after the accident revealed herniated disks in her lumbar spine. (Tr. 1278). She was diagnosed with lumbar

radiculopathy, degenerative disc disease, back spasms, and chronic pain. (Tr. 1277, 1285-86). Dr. Kraus performed a lumbar epidural steroid injection, which improved her pain and spasms and allowed her to function better at home. (Tr. 1282). Dr. Kraus also prescribed Norco and gabapentin for pain and methocarbamol for muscle spasms. (Tr. 1281). Plaintiff returned to the pain clinic every four to eight weeks through at least October 2023. (Tr. 545-1346). Over the course of those visits, she stated that her pain could reach a 9/10 at its worst but also reported that her medications worked to stabilize her pain, allowing her to function at acceptable levels, and also improved her quality of life. (Id.). Over time, her pain spread to her neck, shoulders, and arms, and she complained of numbness, tingling, and weakness in her arms, hands, and fingers. (Id.). Her list of diagnoses expanded to include cervical degenerative disc disease, neuralgia of the arms, and lumbago. (Id.). Physical examinations indicated an antalgic but steady gait, mild to moderate decreases in neck and trunk range of motion, cervical and lumbar spine tenderness, and reduced left-hand grip strength; however, the exams also showed full right- hand grip strength and normal leg strength. (Id.). The clinic adjusted the active ingredients and

dosages of Plaintiff’s prescriptions over time, but she consistently took at least one opioid and gabapentin for pain and a muscle relaxer for back spasms. (Id.). Although Plaintiff often reported moderate to severe pain, treatment notes frequently indicate her general satisfaction with her medication regime. (Id.). Furthermore, the notes contain references to relief, improved mobility, independent movement, and the ability to engage in activities like self-care, household chores with breaks, and socializing with family and friends. (Id.). In July 2021, Plaintiff visited her primary care provider, Dr. Cheryl Bazzle, and reported a painful knot in her left breast. (Tr. 451). A mammogram indicated “worrisome findings” in the area of the knot that were “highly suggestive of malignancy.” (Tr. 466). An ultrasound-guided

biopsy revealed an invasive carcinoma with metastasis in a left axillary lymph node. (Tr. 373). In September 2021, Dr. Peter Vevon performed a partial mastectomy and sentinel node biopsy to remove the tumor. (Tr. 365-69). During a follow-up appointment in October 2021, Plaintiff reported left arm pain, which Dr. Vevon noted was associated with the sentinel node biopsy. (Tr. 339). A second procedure on October 22 confirmed that all malignant nodes had been removed, and Plaintiff’s oncologist, Dr. Ehab El-Bahesh, decided not to give her chemotherapy. (Tr. 345- 46). Plaintiff started radiation therapy in December 2021 and completed it in February 2022. (Tr. 481, 483). During a follow-up in February 2022, Dr. Vevon noted no pain or swelling in Plaintiff’s breast or arm. (Tr. 348). And, during a follow-up in May 2022, Dr. El-Bahesh noted no evidence of disease recurrence and that Plaintiff was fully active and able to carry on all pre-disease performance without restriction. (Tr. 476).

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Hammond v. Social Security Administration, Commissioner, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammond-v-social-security-administration-commissioner-alnd-2025.