Murphy v. Social Security Administration

CourtDistrict Court, M.D. Tennessee
DecidedJanuary 4, 2024
Docket1:22-cv-00047
StatusUnknown

This text of Murphy v. Social Security Administration (Murphy v. Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy v. Social Security Administration, (M.D. Tenn. 2024).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION

ANNAMARIE MURPHY, ) Plaintiff, ) ) Civil Action No. 1:22-cv-00047 v. ) Judge Frensley ) MARTIN J. O’MALLEY,1 ) Commissioner of Social Security, ) Defendant. )

MEMORANDUM AND ORDER

This action is before the Court pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of Social Security denying Plaintiff Annamarie Murphy Disability Insurance Benefits (DIB) under Title II of the Social Security Act (Act). The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. 636(c). Pending before the Court is Plaintiff’s Motion for Judgment on the Record. Docket No. 15. The motion is fully briefed and ready for disposition. For the reasons stated below, Plaintiff’s Motion for Judgment on the Record will be DENIED, and the decision of the Commissioner will be AFFIRMED. I. INTRODUCTION Plaintiff filed her application for DIB on January 26, 2016, alleging she became disabled on August 19, 2014, due to Crohn’s Disease, rheumatoid arthritis in her right arm, right arm tendonitis, nerve damage, fibromyalgia, and anxiety. Docket No. 8, TR. pp. 541-553, 615. Her application was

1 Martin J. O’Malley is now the Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin J. O’Malley shall be substituted for Acting Commissioner Kilolo Kijakazi as the defendant in this suit. No further action needs to be taken by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. 405(g). denied initially and on reconsideration. (TR. 295, 302-03.) In June 2018, following a hearing, an ALJ found Plaintiff was not under a disability as defined under the Act. (TR. 242-53.) The Appeals Council remanded to a new ALJ. (TR. 261.) In June 2020, the new ALJ found Plaintiff was not disabled. (TR. 267-76.) In April 2021, the Appeals Council remanded for further consideration of plaintiff’s mental

impairments with documentation of the Psychiatric Review Technique (PRT). (TR. 287.) On August 18, 2021, Plaintiff and vocational expert (VE) John Black appeared and testified at a telephonic hearing conducted by Administrative Law Judge Kerry Morgan. (TR. 16, 49.) On September 7, 2021, the ALJ issued a decision finding that Plaintiff was not disabled within the meaning of the Act. (TR. 16-36.) Specifically, the ALJ found the following. Plaintiff had not engaged in substantial gainful activity from August 19, 2014, her alleged onset date, through March 31, 2018, her date last insured. (TR. 19.) Plaintiff had the following severe impairments: degenerative joint disease of the right wrist, fibromyalgia, inflammatory bowel disease, neuropathy, cervicalgia, chronic pain syndrome, complex regional pain syndrome, and adult attention deficit

hyperactivity disorder (ADHD). (TR. 19.) She did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1. (TR. 20.) The ALJ determined that Plaintiff had the residual functional capacity (RFC) to perform light work as defined under the regulations with the following limitations: [S]he could only frequently push and pull with the right upper extremity; frequently climb ramps and stairs, balance, or kneel; occasionally stoop or crouch, and can never crawl or climb ladders, ropes, and scaffolds. She could frequently use the bilateral upper extremities for overhead reaching and frequently use the right upper extremity for handling. She could understand, remember, and complete simple and detailed instructions and tasks. She could maintain attention, concentration, persistence, or pace for simple and detailed instructions and tasks. She could tolerate frequent interaction with the public and occasional change in job duties. (TR. 20-21.) Relying on VE testimony, the ALJ found that Plaintiff was capable of performing her past relevant work as a general clerk and an informal waitress. (TR. 34.) Therefore, the ALJ found that Plaintiff was not disabled within the meaning of the Social Security Act. (TR. 36.) On September 9, 2022, the Appeals Council denied Plaintiff’s request for review. (TR. 1-6.) Accordingly, the ALJ’s September 7, 2021 decision stands as the final decision of the Commissioner subject to this Court’s review. II. REVIEW OF THE ADMINISTRATIVE RECORD

The parties and the ALJ have thoroughly summarized and discussed the medical and testimonial evidence of record. Accordingly, this Court will discuss only the record evidence relevant to Plaintiff’s appeal. III. LEGAL STANDARDS A. Standard of Review This Court’s review of the Commissioner’s decision is limited to the record made in the administrative hearing process. See 42 U.S.C. § 405(g); Miller v. Comm’r of Soc. Sec., 811 F.3d 825, 833 (6th Cir. 2016). The purpose of this review is to determine: (1) whether substantial evidence exists in the record to support the Commissioner’s decision, and (2) whether any legal errors were committed in the process of reaching that decision. Id. “Under the substantial-evidence standard, a court looks to an existing administrative record and asks whether it contains ‘sufficien[t]

evidence’ to support the agency’s factual determinations.” Biestek v. Berryhill, 587 U.S. , 139 S. Ct. 1148, 1154 (2019) (alteration in original), quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938). “Substantial evidence” means “such relevant evidence as a reasonable mind might accept as adequate to support the conclusion.” Her v. Comm’r of Soc. Sec., 203 F. 3d 388, 389 (6th Cir. 1999), citing Richardson v. Perales, 402 U.S. 389, 401 (1971). “Substantial evidence” has been further quantified as “more than a mere scintilla of evidence, but less than a preponderance.” Bell v. Comm’r of Soc. Sec., 105 F. 3d 244, 245 (6th Cir. 1996), citing Consol. Edison Co., 305 U.S. at 229; see also Gentry v. Comm’r of Soc. Sec., 741 F.3d 708, 722 (6th Cir. 2014).

The reviewing court does not substitute its findings of fact for those of the Commissioner if substantial evidence supports the Commissioner’s findings and inferences. Garner v. Heckler, 745 F. 2d 383, 387 (6th Cir. 1984). In fact, even if the evidence could also support a different conclusion, the decision of the ALJ must stand if substantial evidence supports the conclusion reached. Her, 203 F. 3d at 389, citing Key v. Callahan, 109 F. 3d 270, 273 (6th Cir. 1997). If the Commissioner did not consider the record as a whole; however, the Commissioner’s conclusion is undermined. Hurst v. Sec’y of Health & Human Servs., 753 F. 2d 517, 519 (6th Cir. 1985), citing Allen v. Califano, 613 F. 2d 139, 145 (6th Cir. 1980). Moreover, an ALJ’s decision lacks the support of substantial evidence if the ALJ fails to follow agency rules and regulations,

“even where the conclusion of the ALJ may be justified based upon the record.” Miller v. Comm’r of Soc. Sec., 811 F. 3d 825, 833 (6th Cir. 2016), citing Gentry v.

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Murphy v. Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-social-security-administration-tnmd-2024.