Itani v. Commissioner of Social Security

CourtDistrict Court, M.D. Florida
DecidedMarch 7, 2023
Docket3:22-cv-00101
StatusUnknown

This text of Itani v. Commissioner of Social Security (Itani 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
Itani v. Commissioner of Social Security, (M.D. Fla. 2023).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

HEATHER ITANI,

Plaintiff,

v. CASE NO. 3:22-CV-101-MAP

COMMISSIONER OF SOCIAL SECURITY,

Defendant. ______________________________________/

ORDER

This is an action for review of the administrative denial of disability insurance benefits (DIB) and period of disability benefits. See 42 U.S.C. § 405(g). Plaintiff argues that the agency’s decision is not supported by substantial evidence because the Administrative Law Judge (ALJ) did not properly weigh certain medical source opinions and did not properly consider her fibromyalgia. After considering Plaintiff’s brief (doc. 11), the Commissioner’s brief (doc. 15), and the administrative record (doc. 7), I find the ALJ’s decision that Plaintiff is not disabled is not supported by substantial evidence. Remand is necessary.1 I. Background

1 The parties have consented to my jurisdiction. See 28 U.S.C. § 636(c). Plaintiff Heather Itani, born on June 23, 1975, was 43 years old on her alleged disability onset date, April 30, 2019 (Tr. 213). She claims disability due to fibromyalgia, migraines, bulging discs, premature ventricular contractions, stomach

pain (nausea), extreme pain in hip and back, dizziness with flare ups, depression, chronic fatigue, and numbness in hands (Tr. 235). Plaintiff graduated from college in April 2019 (Tr. 34). She has past work experience in pharmaceuticals, and as a customer service clerk (Tr. 49-50). At her administrative hearing, she testified that in 2019 her pain and fatigue symptoms became progressively worse, she stopped

working, received short-term disability benefits, and (when her short-term disability benefits ended) was terminated from her job (Tr. 51-52). She testified that she held jobs since she was sixteen years old (except for the three months she took off when her son was born), and went from a “strong, independent, hard-working woman” to … having “feelings of worthlessness” … “depending on [her] husband, [her] parents and

[her] mother-in-law, [her] step-daughter, and [her] son to do things for [her] that [she] used to do [her]self.” (Tr. 67). Given her alleged disability, Plaintiff filed an application for a period of disability and DIB (Tr. 211-214). The Social Security Administration (SSA) denied Plaintiff’s claims both initially and upon reconsideration (Tr. 78-97, 98-118). Plaintiff

then requested an administrative hearing (Tr. 145-146). Per Plaintiff’s request, the ALJ held a hearing on November 20, 2020, at which Plaintiff appeared and testified (Tr. 43-77). Following the hearing, the ALJ issued a decision on April 15, 2021 (Tr. 10-25). In rendering the administrative decision, the ALJ concluded that Plaintiff met the insured status requirements through December 31, 2023, and had not engaged in substantial gainful activity since her alleged onset date, April 30, 2019 (Tr. 12-13). After conducting a hearing and reviewing the evidence of record, the ALJ determined

that Plaintiff had the following severe impairments through the date last insured: fibromyalgia; history of degenerative disc disease with back pain; migraines; and depressive, bipolar and related disorders (Tr. 13). Notwithstanding the noted severe impairments, the ALJ determined that Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed

impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (Tr. 13). The ALJ then concluded that Plaintiff retained a residual functional capacity (RFC) to perform light work as defined in 20 C.F.R. § 404.1567(b) with the following limitations:

… she can lift up to 20 pounds occasionally, and lift/carry up to 10 pounds frequently. She can stand/ walk for about 6 hours, and sit for up to 6 hours in an 8-hour workday, with normal breaks. She is limited to no climbing of ladders, ropes, or scaffolds, and occasional climbing of ramps or stairs. She is limited to occasional balancing, stooping, kneeling, crouching, and crawling. She is limited to frequent handling (gross manipulation), fingering (fine manipulation), and feeling, bilaterally. She must avoid concentrated exposure to extreme cold, extreme heat, vibration, poorly ventilated areas, environmental irritants (i.e., fumes, odors, dusts, and gases) and hazards (i.e., the use of moving machinery and unprotected heights). She is limited to a moderate noise intensity level as that term is defined by the Dictionary of Occupational Titles (DOT). Work is limited to simple, routine and repetitive tasks performed in a work environment free of fast-paced production requirements involving only simple work related decisions and routine workplace changes. She is limited to no interaction with the public and only occasional interaction with coworkers and supervisors. (Tr. 15). In formulating Plaintiff’s RFC, the ALJ considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements of 20

C.F.R. 404.1529 and SSR 16-3p (Tr. 15). The ALJ opined that Plaintiff is unable to perform her past relevant work, Director Pharmacy Services (DOT 074.167-010, SVP 8, Light, Performed Medium) and Customer Service Clerk (DOT 299.367-010, VP 4, Light) (Tr. 23). Given Plaintiff’s background, and the RFC, the vocational expert (VE) testified that Plaintiff

could perform other jobs existing in significant numbers in the national economy, such as the jobs of Cleaner, Housekeeping (DOT 323.687-014, SVP 2, Light), Bagger (DOT 920.687-018, SVP 1, Light), Final Assembler (DOT 713.687-014, SVP 2, Sedentary), Tube Operator (DOT 239.687-014, SVP 2, Sedentary), Leaf Tier (DOT 529.687-138) (Tr. 24).2 Accordingly, based on Plaintiff’s age, education, work experience, RFC,

and the testimony of the VE, the ALJ found Plaintiff not disabled (Tr. 24). Plaintiff then timely appealed, and the Appeals Council denied her request for review (Tr. 1-6). Thereafter, Plaintiff filed a complaint with this Court (Doc. 1). The case is now ripe for review under 42 U.S.C. §§ 405(g), 1383(c)(3).

2 According to the DOT, a Leaf Tier “[t]ies tobacco leaves in hands (bundles) to facilitate processing.” 529.687-138 Leaf Tier, DICOT 529.687-138. The VE noted that there are 60,000 leaf tier jobs nationally. Work exists in the national economy if it exists in significant numbers either in the region where Plaintiff lives or in several regions of the country, regardless of whether work exists in Plaintiff’s immediate geographical area, specific job vacancies exist, or Plaintiff would be hired in she applied. See Atha v. Comm’r of Soc. Sec., 616 F. App’x 931, 933-35 (11th Cir. 2015). II. Standard of Review To be entitled to benefits, a claimant must be disabled, meaning he or she must be unable 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 twelve months. 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A).

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Itani v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/itani-v-commissioner-of-social-security-flmd-2023.