Mullins v. Kijakazi

CourtDistrict Court, E.D. Missouri
DecidedDecember 2, 2022
Docket4:21-cv-00852
StatusUnknown

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

Bluebook
Mullins v. Kijakazi, (E.D. Mo. 2022).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

DEANNA MULLINS, ) ) Plaintiff, ) ) ) v. ) Case No. 4:21-CV-852-NAB ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) ) Defendant. )

MEMORANDUM OPINION

This is an action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for judicial review of the final decision of Defendant Kilolo Kijakazi, Acting Commissioner of Social Security (the “Commissioner”) denying the application of Plaintiff Deanna Mullins (“Plaintiff”) for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et seq. (the “Act”). The parties consented to the jurisdiction of the undersigned magistrate judge pursuant to 28 U.S.C. § 636(c). (Doc. 8). Because I find the decision denying benefits was supported by substantial evidence, I will affirm the Commissioner’s denial of Plaintiff’s application. I. PROCEDURAL BACKGROUND In March 2018, Plaintiff filed an application for DIB and SSI. (Tr. 257-62, 263-66). In both applications, she alleged disability due to keratoconus/glaucoma in both eyes, hypertension and supraventricular tachycardia (SVT), chronic irritable bowel syndrome, asthma, allergies, migraines, lower back pain, and plantar fasciitis in both feet beginning on June 8, 2016. (Tr. 49, 112, 126). After Plaintiff’s applications were denied on initial consideration (Tr. 141-46, 147- 52), she requested a hearing from an Administrative Law Judge (“ALJ”). (Tr. 159, 161-62). Plaintiff and counsel appeared for a hearing on October 21, 2019. (Tr. 60-86).1 The ALJ held a supplemental hearing on May 21, 2020 (Tr. 87-110), at which Plaintiff amended her alleged

onset date to January 1, 2009. (Tr. 90, 291). The ALJ issued a decision denying Plaintiff’s applications on July 23, 2020. (Tr. 19-31). Plaintiff filed a request for review of the ALJ’s decision and submitted a brief in support of this request (Tr. 254-56, 428-29), but the Appeals Council denied plaintiff’s request for review on January 19, 2021. (Tr. 5-7). Plaintiff then submitted a letter to the Appeals Council requesting an extension of time to file for court review (Tr. 3-4), which the Appeals Council granted on June 14, 2021. (Tr. 1-2). Plaintiff has exhausted all administrative remedies, and the decision of the ALJ stands as the final decision of the Commissioner of the Social Security Administration. With regard to Plaintiff’s testimony, medical and vocational records, the Court accepts the facts as set forth in the parties’ statements of facts and responses.

II. STANDARD FOR DETERMINING DISABILITY UNDER THE ACT To be eligible for benefits under the Social Security Act, a claimant must prove he or she is disabled. Pearsall v. Massanari, 274 F.3d 1211, 1217 (8th Cir. 2001); Baker v. Sec’y of Health & Hum. Servs., 955 F.2d 552, 555 (8th Cir. 1992). When determining whether an individual is disabled,2 an ALJ must follow the five-step sequential inquiry set forth in the Code of Federal

1 At the initial hearing, Plaintiff testified about her vision and used a magnifying glass to read. (Tr. 70-74). The ALJ concluded that an additional consultative examination was necessary so the ALJ could adequately classify Plaintiff’s vision and restrictions, and after such examination, another hearing would be scheduled. (Tr. 83-84).

2 Under the Social Security Act, a person is disabled if she is 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 12 months.” 42 U.S.C. §§ 423(d)(1)(A); 1382c(a)(3)(A). Accord Hurd v. Astrue, 621 F.3d 734, 738 (8th Cir. 2010). Regulations, determining as appropriate whether the claimant (1) is currently employed or engaging in substantial gainful activity; (2) has a severe impairment; (3) has an impairment or combination of impairments that meets or medically equals one listed in the Regulations;3 (4) can perform past relevant work; and (5) retains the ability to perform any work in the national

economy. 20 C.F.R. §§ 404.1520, 416.920; see also McCoy v. Astrue, 648 F.3d 605, 611 (8th Cir. 2011) (discussing the five-step process). Prior to Step Four, the Commissioner assesses the claimant’s residual functional capacity (“RFC”), 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4), which “the most [a claimant] can still do despite [his or her] limitations,” 20 C.F.R. §§ 404.1545(a)(1), 416.945(a)(1). Through Step Four, the burden remains with the claimant to prove that he or she is disabled. See Moore, 572 F.3d at 523. At Step Five, the burden shifts to the Commissioner. Id.; Brock v. Astrue, 674 F.3d 1062, 1064 (8th Cir. 2012); 20 C.F.R. §§ 404.1560(c)(2), 416.960(c)(2). III. THE ALJ’S DECISION Applying the foregoing five-step analysis, the ALJ in this case found, at step one, that

Plaintiff has not engaged in substantial gainful activity since January 1, 2009, the amended alleged onset date. (Tr. 22). At step two, the ALJ found that Plaintiff had the following severe impairments: open angle keratoconus; glaucoma; coronary artery dissection with myocardial infarction; osteoarthritis; degenerative disc disease; and lumbar lordosis. (Tr. 22). At step three, the ALJ found that Plaintiff did not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. § 404, Subpart P, Appendix 1. (Tr. 23). The ALJ found that Plaintiff had the following RFC:

3 Prior to Step Four, the Commissioner assesses the claimant’s residual functional capacity (“RFC”), 20 C.F.R. § 404.1520(a)(4), which is “the most [a claimant] can still do despite [his or her] limitations.” 20 C.F.R. § 404.1545(a)(1). See also Moore v. Astrue, 572 F.3d 520, 523 (8th Cir. 2009). [Plaintiff can] perform light work as defined in 20 [C.F.R.

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