Holley Jr. v. Kijakazi

CourtDistrict Court, D. Hawaii
DecidedMarch 22, 2022
Docket1:20-cv-00418
StatusUnknown

This text of Holley Jr. v. Kijakazi (Holley Jr. v. Kijakazi) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holley Jr. v. Kijakazi, (D. Haw. 2022).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII PAUL HOLLEY, JR., ) Civ. No. 20-00418 HG-RT ) Plaintiff, ) ) vs. ) ) KILOLO KIJAKAZI, Acting ) Commissioner of Social ) Security, ) ) Defendant. ) ) ) ORDER AFFIRMING THE DECISION OF THE SOCIAL SECURITY ADMINISTRATION COMMISSIONER This case involves the appeal of the Social Security Administration Commissioner’s decision to deny Plaintiff Paul Holley, Jr.’s application for Disability Insurance Benefits. On April 4, 2018, Plaintiff filed an application for Disability Insurance Benefits, claiming he was disabled as of December 15, 2015. Plaintiff alleged the following physical and mental impairments: back injury, post traumatic stress disorder (“PTSD”), diabetes, high blood pressure, hearing loss, asthma, and sleep apnea. Plaintiff later claimed two additional impairments: bilateral arthritis of his feet and a kidney cyst. The Social Security Administration denied Plaintiff’s initial application and his request for reconsideration. Following an administrative hearing, the Administrative Law Judge (“ALJ”) held that Plaintiff was not disabled from December 15, 1 2015 through September 30, 2017, the date last insured. The Social Security Administration Appeals Council denied Plaintiff’s request for further review, rendering the ALJ’s decision as the final administrative decision of the Social Security Commissioner. Plaintiff then appealed to this Court. The Court AFFIRMS the decision of Social Security Administration Commissioner to deny Plaintiff’s application.

PROCEDURAL HISTORY On April 4, 2018, Plaintiff Paul Holley, Jr. applied for Disability Insurance Benefits. (Administrative Record [hereinafter “AR”] at p. 80, ECF Nos. 15-18). On September 4, 2018, the Social Security Administration

denied Plaintiff’s initial application. (Id. at pp. 80-87). On October 16, 2018, Plaintiff sought reconsideration of the Social Security Administration’s initial decision. (Id. at p. 100). On November 2, 2018, the Social Security Administration denied Plaintiff’s application upon reconsideration. (Id. at pp. 88-96). On January 5, 2019, Plaintiff requested a hearing before an ALJ. (Id. at pp. 110-11). On September 17, 2019, the ALJ held a hearing on Plaintiff’s 2 application. (Id. at pp. 31-79). On November 21, 2019, the ALJ issued a written decision denying Plaintiff’s application. (Id. at pp. 12-30). On July 30, 2020, the Social Security Administration Appeals Council denied Plaintiff’s request for further review of the ALJ’s decision. (Id. at pp. 1-4). The ALJ’s decision became the final administrative decision by Social Security Administration Commissioner after Plaintiff was denied further review. On October 1, 2020, Plaintiff filed a Complaint in this Court seeking judicial review of the Social Security Administration Commissioner’s denial of his application. (ECF No. 1). On June 7, 2021, Defendant filed the Administrative Record. (ECF Nos. 15-18). On August 5, 2021, Plaintiff filed PLAINTIFF’S OPENING BRIEF. (ECF No. 20). On September 20, 2021, Defendant filed DEFENDANT’S ANSWERING BRIEF. (ECF No. 21). On October 5, 2021, Plaintiff filed PLAINTIFF’S REPLY BRIEF.

(ECF No. 22). On November 22, 2021, the Court held a hearing on Plaintiff’s appeal of the decision of the Social Security Administration Commissioner. (ECF No. 26).

3 BACKGROUND Plaintiff claims an onset of disability on December 15, 2015. He last met the Social Security Act’s insured status requirements on September 30, 2017. I. Plaintiff’s Work History Plaintiff is a forty-five year old man. (AR at p. 80, ECF Nos. 15-18). He is high school educated, attended one year of college, and is certified as an emergency medical technician. (Id. at pp. 38, 45, 193-94). Plaintiff served in the United States Army from October 27, 1997 to November 25, 2006. (Id. at p. 165). From 2004 through 2006, Plaintiff worked in food services as a line cook while on active military duty. (Id. at p. 39). Plaintiff also worked as a jailer during that same time period. (Id. at pp. 40-42).

From 2008 to 2009, Plaintiff worked as a lot attendant and assisted in the parking of imported vehicles. (Id. at pp. 43-44). Later, in 2012, Plaintiff worked as a medical assistant. (Id. at pp. 170-71, 194). From 2013 to 2014, Plaintiff attended college and, in 2015, Plaintiff was certified as an emergency medical technician. (Id. at pp. 193-94). Plaintiff again worked as a medical assistant after receiving his certification. (Id.) The record reflects Plaintiff did not work or earn any significant income after December 2015. 4 II. Plaintiff’s Medical History Plaintiff was diagnosed with four medical conditions that the ALJ determined were severe: degenerative joint disease of the lumbar spine, post-traumatic stress disorder (“PTSD”), asthma, and bilateral hearing loss. Plaintiff’s medical history also reflects numerous other conditions that were determined not to be severe. Degenerative Joint Disease of the Lumbar Spine: Plaintiff suffers from degenerative joint disease of the lumbar spine. Plaintiff attributes most of his physical limitations to this injury. (Id. at p. 46). Plaintiff began to experience lower back pain in 2003 while serving in the military. (Id. at p. 1045). A 2014 medical

examination noted radiculopathy in his lower back resulting in moderate numbness in Plaintiff’s lower left extremity. (Id. at pp. 521-22). Imaging from 2017 showed mild arthropathy (joint disease), but no “significant spinal canal or neural foraminal stenosis.” (Id. at p. 2421). Physical examinations throughout Plaintiff’s medical records reflect that Plaintiff’s lower back exhibited tenderness upon palpitation, muscle spasms, pain upon raising legs, and decreased range of motion. (Id. at pp. 343, 504, 669-70, 777-78, 1023-24, 1218, 2344, 2518). Examinations across the same period of time

5 also found normal balance, normal gait,' normal reflexes, strength in all extremities, and largely intact sensation. (Id. at pp. 1023-24, 1046, 1216-18, 1726, 1745, 1754, 1900-01). Plaintiff has treated his lower back condition with physical therapy, muscle relaxants, and non-steroidal anti-inflammatory medication. (Id. at pp. 499, 1216). Plaintiff ambulates using a cane. (Id. at p. 403). PTSD: Plaintiff’s medical records reflect a diagnosis for PTSD. Examinations throughout the relevant time period showed that Plaintiff experienced symptoms of depression and anxiety. (Id. at pp. 318, 331-36, 1621-26, 2332, 2497, 2504-06). Throughout the relevant time period, Plaintiff reported difficulties concentrating and being “easily sidetracked.” (Id. at p. 1318). Plaintiff also reported difficulty sleeping, loss of interest, low energy, anhedonia, episodic anger, and feelings of worthlessness and guilt. (Id. at pp. 1622, 2329). During examinations, Plaintiff’s mood appeared “OK” and calm. (Id. at pe. 1316, 2344, 2497). An examination in 2016 noted that Plaintiff did not appear “deeply depressed, psychotic, suicidal, assaultive, or out of emotional control.” (Id. at p. 2518). Plaintiff stopped pharmaceutical treatment for his PTSD and

' One examination from 2016 noted that Plaintiff walked with a slight limp as a result of back pain. (Id. at p. 2137).

instead attends counseling. (Id. at p. 49). Medical records also note that Plaintiff is independent in his activities of daily living. (Id. at p. 2502). Asthma: Plaintiff has a history of asthma. (Id. at pp. 19- 20, 23-24, 988). His asthma is described throughout his medical records as being “mild and intermittent.” (Id. at pp. 907, 913, 1141). Lung examinations were substantially unremarkable. (Id. at pp. 1010, 1019, 1046, 1202, 1726, 1754, 1900). Plaintiff’s lungs were found to be “clear to auscultation”; Plaintiff demonstrated “normal breath sounds”; “no wheezing,” “no rhonchi,” and “no rales/crackles” were found. (Id. at pp. 986, 989, 1726, 1754). Plaintiff’s spirometry results were normal.

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Holley Jr. v. Kijakazi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holley-jr-v-kijakazi-hid-2022.