Miller v. Colvin

943 F. Supp. 2d 961, 2013 U.S. Dist. LEXIS 64716, 2013 WL 1911292
CourtDistrict Court, N.D. Iowa
DecidedMay 7, 2013
DocketNo. C12-4053-LTS
StatusPublished

This text of 943 F. Supp. 2d 961 (Miller v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Colvin, 943 F. Supp. 2d 961, 2013 U.S. Dist. LEXIS 64716, 2013 WL 1911292 (N.D. Iowa 2013).

Opinion

MEMORANDUM OPINION AND ORDER

LEONARD T. STRAND, United States Magistrate Judge.

Dennis Miller seeks judicial review of a final decision of the Commissioner of Social Security (the “Commissioner”) denying his application for supplemental security income (“SSI”) pursuant to Title XVI of the Social Security Act, 42 U.S.C. § 1383(c)(3). Miller contends the administrative record (“AR”) does not contain substantial evidence to support the Commissioner’s decision that he is not disabled. For the reasons explained below, I must remand the case for further proceedings.

Background

Miller was born in 1953 and has a GED. AR 28, 44. He has not worked since 2001, but previously did cleaning and mechanical work. AR 28-29. Miller protectively filed for benefits on April 6, 2009. AR 108-111. His claims were denied initially and on reconsideration. AR 49-51. Miller requested a hearing before an Administrative Law Judge (“ALJ”). AR 67. On December 15, 2010, ALJ Robert Maxwell held a hearing during which Miller and a vocational expert (<CVE”) testified. AR 23-48.

On December 30, 2010, the ALJ issued a decision finding Miller not disabled since April 6, 2009. AR 18. Miller sought review of this decision by the Appeals Council, which denied review on March 30, 2012. AR 1-3. The ALJ’s decision thus became the final decision of the Commissioner. 20 C.F.R. § 416.1481.

On May 29, 2012, Miller filed a complaint in this court seeking review of the ALJ’s decision. On June 21, 2012, with the parties’ consent, United States District Judge Mark W. Bennett transferred the case to me for final disposition and entry of judgment. The parties have briefed the issues and the matter is now fully submitted.

Summary of ALJ’s Decision

The ALJ made the following findings:

(1) The claimant has not engaged in substantial gainful activity since April 6, 2009, the application date (20 CFR 416.971 et seq.).
(2) The claimant has the following severe impairment: depression (20 CFR 416.920(c)).
(3) The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926).
(4) After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform a full range or work at all exertional levels but with the following nonexertional limitations: Mentally, the claimant is able to perform simple, routine tasks.
(5) The claimant has no past relevant work (20 CFR 416.965).
(6) The claimant was born on July 19, 1953 and was 55 years old, which is defined as an individual of advanced age, on the date the application was filed (20 CFR 416.963).
[963]*963(7) The claimant has a limited education and is able to communicate in English (20 CFR 416.964).
(8) Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 416.968).
(9) Considering the claimant’s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 416.969 and 416.969(a)).
(10)The claimant has not been under a disability, as defined in the Social Security Act, since April 6, 2009, the date the application was filed (20 CFR 416.920(g)).

AR 12-18.

While Miller alleges various impairments, the ALJ found depression to be the only severe impairment. AR 12. The ALJ reasoned that although there was some evidence of mild degenerative disc disease and cystic degenerative change and osteopenia of the left hip, there was little evidence to suggest that these were severe physical impairments that more than minimally interfered with Miller’s ability to engage in basic work activities. AR 13. He considered Miller’s treatment notes from his most recent examinations which revealed essentially negative physical findings. Id. He had normal muscular power and reflexes and normal range of motion as of October 2010. Id. The ALJ found that Miller did not have any ongoing severe pancreas or gastrointestinal-related impairment. His pancreatic pseudocyst had been resolved and although he experienced episodic loose stools and alternating diarrhea and constipation, the evidence failed to establish that Miller had any particular work-related limitations secondary to these.

In reaching this conclusion, the ALJ discredited a medical assessment prepared by Dr. Leszek Marezewski and gave it no weight. The ALJ reasoned it appeared to be based on Miller’s subjective complaints and was inconsistent with Dr. Marczewski’s treatment notes which reflected that Miller had normal movement of all extremities, no motor dysfunction, and normal gait and stance. AR 14.

In determining Miller’s RFC, the ALJ found that nothing in the record supported a severe physical impairment interfering with his ability to perform a full range of work at all exertional levels except Miller’s own allegations. As for mental limitations, Miller reported difficulty with memory, concentration, understanding, following instructions and paying attention. He poorly handled stress and changes in routine. AR 15. A June 3, 2009, consultative psycho-diagnostic evaluation by William Morton, Psy.D., supported some of these allegations. Miller’s attention and concentration were normal during the evaluation and his memory was mildly limited. He was estimated to have borderline intellectual functioning with a poor general fund of knowledge and poor abstraction abilities. His judgment and reasoning were described as limited in appearance. AR 16. The ALJ relied on Dr. Morton’s evaluation as the basis for Miller’s RFC, reasoning that it was consistent with other evidence in the record before and after Miller’s protective filing date.

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Related

Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Kluesner v. Astrue
607 F.3d 533 (Eighth Circuit, 2010)
Carroll F. Dixon v. Jo Anne B. Barnhart
353 F.3d 602 (Eighth Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
943 F. Supp. 2d 961, 2013 U.S. Dist. LEXIS 64716, 2013 WL 1911292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-colvin-iand-2013.