Herbert Pringle v. Commissioner of the Social Security Administration

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 7, 2023
• Docket: 22-2091
• Status: Unpublished

Opinion

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-2091

HERBERT LEE PRINGLE,

Plaintiff - Appellant,

v.

COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Thomas E. Rogers, III, Magistrate Judge. (4:21-cv-02635-TER)

Submitted: July 20, 2023 Decided: September 7, 2023

Before KING and RUSHING, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

ON BRIEF: W. Daniel Mayes, SMITH, MASSEY, BRODIE, GUYNN & MAYES, Aiken, South Carolina, for Appellant. Adair F. Boroughs, United States Attorney, Maija DiDomenico, Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina; Brian C. O’Donnell, Associate General Counsel, Taryn Jasner, Deputy Associate General Counsel, Office of the General Counsel, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee.

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PER CURIAM:

Herbert Pringle appeals from the district court’s order 1 upholding the Social

Security Administration’s denial of disability benefits. On appeal, Pringle challenges the

Administrative Law Judge’s (“ALJ”) determination of Pringle’s residual functional

capacity (“RFC”) and his consideration of the Department of Veterans Affairs’ (“VA”)

disability rating. We affirm.

“When examining [a Social Security Administration] disability determination, a

reviewing court is required to uphold the determination when an ALJ has applied correct

legal standards and the ALJ’s factual findings are supported by substantial evidence.”

Bird v. Comm’r of Soc. Sec. Admin., 699 F.3d 337, 340 (4th Cir. 2012). “Substantial

evidence is such relevant evidence as a reasonable mind might accept as adequate to

support a conclusion.” Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir. 2005) (internal

quotation marks omitted). “It consists of more than a mere scintilla of evidence but may

be less than a preponderance.” Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012)

(internal quotation marks omitted). “In reviewing for substantial evidence, [the court

should] not undertake to reweigh conflicting evidence, make credibility determinations, or

substitute [its] judgment for that of the ALJ.” Johnson, 434 F.3d at 653 (internal quotation

marks and alteration omitted). Rather, “[w]here conflicting evidence allows reasonable

minds to differ,” we defer to the Commissioner’s decision. Id. (internal quotation marks

omitted). To enable judicial review for substantial evidence, “[t]he record should include

1 The parties consented to the jurisdiction of a magistrate judge.

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a discussion of which evidence the ALJ found credible and why, and specific application

of the pertinent legal requirements to the record evidence.” Radford v. Colvin, 734 F.3d

288, 295 (4th Cir. 2013).

A “disability” entitling a claimant to benefits under the Social Security Act, as

relevant here, is “[the] inability to engage in any substantial gainful activity by reason of

any medically determinable physical or mental 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). The claimant “bears the burden of proving

that he is disabled within the meaning of the Social Security Act.” English v. Shalala, 10

F.3d 1080, 1082 (4th Cir. 1993). A five-step sequential process is used to evaluate a

disability claim. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). First, the ALJ considers

whether the claimant is engaged in substantial gainful activity. Id. §§ 404.1520(a)(4)(i),

416.920(a)(4)(i). If he is not, the ALJ determines whether the claimant has “a severe

medically determinable physical or mental impairment . . . or a combination of impairments

that is severe.” Id. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). If he does, the ALJ decides

whether that impairment or combination of impairments meets or equals one of the listings

at 20 C.F.R. Pt. 404, Subpt. P, App. 1. Id. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If it

does not, the ALJ assesses the claimant’s RFC to determine whether the claimant retains

the ability to perform past relevant work. Id. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). If

he does not, the burden shifts at the fifth step to the Commissioner to establish that, given

the claimant’s age, education, work experience, and RFC, the claimant can perform

alternative work that exists in substantial numbers in the national economy. Mascio v.

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Colvin, 780 F.3d 632, 635 (4th Cir. 2015). “The Commissioner typically offers this

evidence through the testimony of a vocational expert responding to a hypothetical that

incorporates the claimant’s limitations.” Id.

Social Security Ruling (“SSR”) 96-8p requires that “[t]he RFC assessment must

first identify the individual’s functional limitations or restrictions and assess his . . .

work-related abilities on a function-by-function basis, including the functions” listed in the

regulations. SSR 96–8p, 61 Fed. Reg. 34,474, 34,475 (July 2, 1996). “Only after that may

RFC be expressed in terms of the exertional levels of work, sedentary, light, medium,

heavy, and very heavy.” Id. The SSR further explains that “[t]he RFC assessment must

include a narrative discussion describing how the evidence supports each conclusion, citing

specific medical facts (e.g., laboratory findings) and nonmedical evidence (e.g., daily

activities, observations).” Id. at 34,478.

Pringle first argues that ALJ improperly found that he had the RFC to perform light

work, with no specific restrictions on standing or walking and no need for an assistive

device. To the contrary, Pringle argues, he is unable to stand or walk for more than short

periods, and he requires a cane when performing these activities. SSR 96-9p, 1996 WL

374185, *7, which concerns an RFC of less than a full range of sedentary work, discusses

hand-held assistive devices. The Ruling states that, “[t]o find that a hand-held assistive

device is medically required, there must be medical documentation establishing the need

for a hand-held assistive device to aid in walking or standing, and describing the

circumstances for which it is needed.”

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Pringle asserts that the evidence in the record that he needed and used a cane was

voluminous and that the attempt to portray his cane use as occasional or inconsistent was

not substantially supported. However, the ALJ did not state that Pringle’s cane use was

occasional or inconsistent. Instead, the ALJ noted that, on some occasions, Pringle did not

use a cane, and the ALJ appropriately considered this evidence in concluding that a cane

was not medically necessary.

Pringle further asserts that the ALJ erred by failing to consider his ongoing

complaints of burning sensations, pain, numbness, swelling, and paresthesia in his feet and

toes and to his diagnoses of metatarsalgia, flat feet, dorsal boney exostosis, and abnormal

gait. Pringle also avers that the ALJ did not consider his limited ability to walk both with

and without a cane. However, the ALJ specifically outlined most of Pringle’s complaints

and noted that his conditions had been treated conservatively. Nonetheless, the ALJ

rejected Pringle’s assertion that his foot condition was progressively worsening, citing to

unremarkable x-rays and an electromyogram and nerve conduction study and generally

normal strength and sensation. Moreover, there was no medical evidence that any doctor

had prescribed or suggested cane use or concluded that Pringle was limited in his ability to

walk and stand, and the state consultative physicians specifically determined that a cane

was not clinically supported. In short, while there was evidence that Pringle used a cane

consistently and had certain documented foot conditions, the ALJ appropriately analyzed

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the record, and his determination that Pringle could walk and stand without use of a cane

was supported by substantial evidence. 2

Pringle next asserts that the district court did not consider the extent to which his

symptoms of sarcoidosis, in particular, shortness of breath, fatigue, and chest pain, would

affect his ability to perform light work. First, Pringle argues that the ALJ improperly found

that his conditions, while declining in Spring 2014, showed marked improvement in 2015

and 2016 through the use of steroids. Pringle relies on his self-reported inability to walk

without getting winded. The ALJ, while recognizing that Pringle continued to complain

of a decline in exercise tolerance, noted that pulmonary function testing showed

improvement after steroids and pulmonary rehabilitation. Through the relevant time

period, Pringle was prescribed inhalants, he did not require inpatient care, and his

symptoms were not consistently present. Thus, the ALJ’s finding that Pringle showed

improvement in his pulmonary condition was supported by substantial evidence.

Pringle further claims that medical providers speculated that his shortness of breath

may have been caused by water retention, cardiac sarcoidosis (as opposed to pulmonary

sarcoidosis), diastolic dysfunction, or deconditioning. Pringle avers that his doctors never

suggested that there was no basis for his symptoms, but instead were not sure which of his

conditions was the primary cause. However, regardless of the cause, the ALJ noted that

2 To further undermine the ALJ’s analysis of his cane use, Pringle points to evidence in the record that he asserts supports his claim that a specialized cane had been medically ordered. However, our review of the cited records does not find any indication that a doctor ordered a specialized cane for Pringle or that a doctor considered the cane he used to be necessary for physical therapy or otherwise.

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Pringle’s complaints of chest pain and shortness of breath showed that these symptoms

occurred only occasionally. This finding finds substantial support in the record. Moreover,

it is undisputed that no medical tests supported a finding that Pringle’s shortness of breath

would impact his RFC in a greater way than found by the ALJ, and no treating or examining

physician imposed limitations on walking or standing based on Pringle’s shortness of

breath or chest pain or otherwise. Further, the ALJ recognized Pringle’s complaints of

shortness of breath, chest pain and fatigue, but found that the objective medical testing was

stable and that Pringle responded well to medication. Nonetheless, the ALJ found that

Pringle’s limitations would prevent him from climbing ladders or scaffolds regularly and

would prevent him from working in temperature extremes, and the ALJ incorporated these

limitations into the RFC. Accordingly, we find that the ALJ properly considered Pringle’s

symptoms and that the ALJ’s determination of the RFC was supported by substantial

evidence.

Finally, Pringle asserts that the ALJ failed to give appropriate weight to the VA’s

disability rating, specifically its rating of 30% for each lower extremity based on Pringle’s

frostbite injury. The ALJ gave the rating little weight, finding that the VA’s own medical

records did not document significant abnormalities or clinical findings regarding Pringle’s

frostbite injury to his feet and subsequent osteoarthritis.

In Bird, this Court interpreted then-existing federal regulations as requiring ALJs

“to consider all record evidence relevant to a disability determination, including decisions

by other agencies.” 699 F.3d at 343. The Bird court held:

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[I]n making a disability determination, the SSA must give substantial weight to a VA disability rating. However, because the SSA employs its own standards for evaluating a claimant's alleged disability, and because the effective date of coverage for a claimant's disability under the two programs likely will vary, an ALJ may give less weight to a VA disability rating when the record before the ALJ clearly demonstrates that such a deviation is appropriate.

Id. at 343. In order to demonstrate that it is appropriate to give the VA’s decisions less

than substantial weight, the ALJ must give “persuasive, specific, valid reasons for doing

so that are supported by the record.” Woods v. Berryhill, 888 F.3d 686, 692 (4th Cir. 2018).

For example, an ALJ “could explain which aspects of the prior agency decision he finds

not credible and why, describe why he finds other evidence more credible, and discuss the

effect of any new evidence.” Id.

Here, the ALJ carefully explained his reasons for giving the VA decision little

weight, and those reasons are supported by substantial evidence. In particular, despite the

VA’s 30% rating in each lower extremity for frostbite injury, the ALJ noted that Pringle

was able to work after his frostbite injury for numerous years as an electrician, a strenuous

occupation. In addition, the ALJ relied upon the medical evidence (nearly all of which is

from the VA’s own treatment notes), which did not show serious abnormalities or

significant limitations in strength or sensation. The ALJ also noted that Pringle’s treating

podiatrist did not document significant clinical findings or functional limitations.

Further, the ALJ considered the VA’s 20% disability rating in each lower extremity

for peripheral neuropathy/paralysis of the sciatic nerve. In so doing, the ALJ determined

that Pringle’s lower extremity neuropathy was a severe impairment and provided

appropriate limitations in the RFC. Regarding the sciatic nerve, the ALJ noted that the

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evidence did not document any such findings during the relevant time period, and Pringle

does not dispute this finding. Based on the foregoing, we hold that the ALJ properly

considered the VA’s disability rating and provided appropriate reasoning for giving it less

weight.

As such, we affirm the district court’s order. We dispense with oral argument

because the facts and legal contentions are adequately presented in the materials before this

court and argument would not aid the decisional process.

AFFIRMED