Nance-Goble v. Social Security Administration, Commissioner

CourtDistrict Court, N.D. Alabama
DecidedJune 11, 2021
Docket4:20-cv-00369
StatusUnknown

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

Bluebook
Nance-Goble v. Social Security Administration, Commissioner, (N.D. Ala. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

KIMBERLY NANCE-GOBLE, ) Plaintiff, ) ) v. ) 4:20-cv-00369-CLM ) ANDREW SAUL, ) Commissioner of the Social ) Security Administration, ) Defendant. )

MEMORANDUM OPINION Kimberly Nance-Goble seeks disability, disability insurance, and Supplemental Security Income (“SSI”) from the Social Security Administration (“SSA”) based on several impairments. The SSA denied Nance-Goble’s application in an opinion written by an Administrative Law Judge (“ALJ”). Nance-Goble argues: (1) the ALJ did not adequately consider her testimony about her medication side effects; (2) the ALJ erred in finding that she could perform her past work; (3) the ALJ should have afforded greater weight to the testimony of her primary care physician; and (4) the ALJ’s decision is not supported by substantial evidence. As detailed below, the ALJ applied the correct legal standards and substantial evidence supports his decision. So the court will AFFIRM the SSA’s denial of benefits. I. Statement of the Case Nance-Goble has had two applications for disability and disability insurance

benefits denied. This appeal involves the second, which alleges a disability onset date of August 19, 2015, the day after Nance-Goble received her first unfavorable decision. Before the court details Nance-Goble’s two unfavorable decisions, it

summarizes Nance-Goble’s impairments, as she told them to the second ALJ. A. Nance-Goble’s Disability, as told to the second ALJ Nance-Goble was 46 years old when the ALJ denied her second application for benefits. R. 18, 195. Nance-Goble studied nursing for two years in college but

did not graduate. R. 45. And she has past relevant work as a certified nurse assistant and medical records clerk. 45–46, 52. At the ALJ hearing, Nance-Goble testified that she has back pain, cannot stand or sit for long periods, and must move around a lot. R. 46. Nance-Goble also testified

that she has constant numbness from her right knee to her hip, which has caused her to fall several times. R. 47. And Nance-Goble said that her medications made her “drowsy, kind of foggy,” and unable to think clearly. R. 49.

Nance-Goble lives with her husband about 30 minutes outside Gadsden, Alabama. R. 45. And Nance-Goble told the ALJ that if someone offered her a full- time job, she would probably have trouble making it to work every day because of her back pain. R. 49. B. The First ALJ’s Decision The SSA reviews applications for disability benefits in three stages: (1) initial

determination, including reconsideration; (2) review by an ALJ; and (3) review by the SSA Appeals Council. See 20 C.F.R. § 404.900(a)(1-4). Nance-Goble first applied for disability and disability insurance benefits in October 2013, and the SSA first denied her claims in November 2013. R. 62. After

conducting a hearing, the first ALJ issued Nance-Goble an unfavorable decision in August 2015. R. 59–78. The ALJ found that Nance-Goble suffered from several severe impairments and could not perform her past relevant work as a certified

nursing assistant. R. 65, 76. But he determined that Nance-Goble was not disabled under the Social Security Act because she could perform several jobs that exist in significant numbers in the national economy. R. 77. Nance-Goble then appealed the ALJ’s decision to the SSA Appeals Council,

this court, and the Eleventh Circuit. None of those appeals succeeded. See Nance v. Soc. Sec. Admin., Comm’r, 781 F. App’x 912 (11th Cir. 2019). So Nance-Goble’s second application for benefits is the only application at issue.

C. Determining Disability Before detailing Nance-Goble’s second application for benefits, it is important to lay out the SSA’s five-step process to determine whether an individual is disabled and thus entitled to benefits under the Social Security Act: The 5-Step Test

Step 1 Is the Claimant engaged in substantial If yes, claim denied. gainful activity? If no, proceed to Step 2.

Step 2 Does the Claimant suffer from a severe, If no, claim denied. medically-determinable impairment or If yes, proceed to Step 3. combination of impairments?

Step 3 Does the Step 2 impairment meet the If yes, claim granted. criteria of an impairment listed in 20 If no, proceed to Step 4. CFR Part 404, Subpart P, Appx. 1?

*Determine Residual Functional Capacity*

Step 4 Does the Claimant possess the residual If yes, claim denied. functional capacity to perform the If no, proceed to Step 5. requirements of his past relevant work?

Step 5 Is the Claimant able to do any other If yes, claim denied. work considering his residual functional If no, claim granted. capacity, age, education, and work experience?

See 20 C.F.R. §§ 404.1520(a), 404.1520(b) (Step 1); 20 C.F.R. § 404.1520(c) (Step 2); 20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526 (Step 3); 20 C.F.R. § 404.1520(e- f) (Step 4); 20 C.F.R. § 404.1520(g) (Step 5). As shown by the gray-shaded box, there is an intermediate step between Steps 3 and 4 that requires the ALJ to determine a claimant’s “residual functional capacity,” which is the claimant’s ability to perform physical and mental work activities on a sustained basis. The intermediate step of determining Nance-Goble’s residual functional capacity is the most important step here, as almost all of Nance-Goble’s challenges flow from the ALJ’s decision at this juncture.

C. The Second ALJ’s Decision Nance-Goble filed her second application for benefits in January 2017, claiming that she was unable to work because of various ailments, including lumbar degenerative disc disease, status post L4-5 fusion with failed back syndrome and

permanent placement of spinal cord stimulator; fibromyalgia; obesity; GERD; depression; and anxiety. After receiving an initial denial in April 2017, Nance-Goble requested a hearing, which the ALJ conducted in February 2019. The ALJ ultimately

issued an opinion denying Nance-Goble’s claims in March 2019. R. 21–34. At Step 1, the ALJ determined that Nance-Goble was not engaged in substantial gainful activity and thus her claims would progress to Step 2. R. 24. At Step 2, the ALJ determined that Nance-Goble suffered from the following

severe impairments: lumbar degenerative disc disease status post L4-5 fusion with failed back syndrome and permanent placement of spinal cord stimulator; fibromyalgia; and obesity. R. 24–27.

At Step 3, the ALJ found that none of Nance-Goble’s impairments, individually or combined, met or equaled the severity of any of the impairments listed in 20 CFR Part 404, Subpart P, Appendix 1. R. 27–28. Thus, the ALJ next had to determine Nance-Goble’s residual functional capacity. The ALJ determined that Nance-Goble had the residual functional capacity to perform light work with these added limitations:

• Nance-Goble can only occasionally push and pull bilaterally; • Nance-Goble can only occasionally climb ramps and stairs and can never climb ladders, ropes, or scaffolds;

• Nance-Goble can frequently balance but can only occasionally stoop, kneel, crouch, and crawl;

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