Poole v. Kijakazi (CONSENT)

CourtDistrict Court, M.D. Alabama
DecidedMay 24, 2022
Docket3:20-cv-00905
StatusUnknown

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

Bluebook
Poole v. Kijakazi (CONSENT), (M.D. Ala. 2022).

Opinion

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

AMY POOLE, ) ) Plaintiff, ) ) v. ) CASE NO. 3:20-CV-00905-KFP ) KILOLO KIJAKAZI,1 ) Acting Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OPINION AND ORDER Plaintiff, Amy Poole, seeks judicial review of the Social Security Administration’s decision denying her application for Disability Insurance Benefits. The undersigned, having reviewed and considered the record, briefs, applicable regulations, and caselaw, finds the decision of the Commissioner of Social Security must be AFFIRMED. I. STANDARD OF REVIEW This Court’s role in reviewing claims brought under the Social Security Act is a narrow one. The scope is limited to determining whether substantial evidence in the record as a whole supports the Commissioner’s decision and whether the correct legal standards were applied. Winschel v. Comm’r of Soc. Sec. Admin., 631 F.3d 1176, 1178 (11th Cir. 2011). Substantial evidence is more than a scintilla but less than a preponderance. Martin

1 Kilolo Kijakazi is now the Acting Commission of Social Security and is automatically substituted as a party under Rule 25(d) of the Federal Rules of Civil Procedure. See also 42 U.S.C. § 405(g) (providing that an action survives regardless of any change in the person occupying the office of Commissioner of Social Security). v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990). The Court may not reweigh evidence or substitute its judgment for that of the Commissioner and, even if the evidence preponderates against the Commissioner’s factual findings, the Court must affirm if the

decision is supported by substantial evidence. Winschel, 631 F.3d at 1178; Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). II. FACTUAL BACKGROUND Plaintiff was 45 years old when the Administrative Law Judge (“ALJ”) rendered a decision finding Plaintiff not disabled. R. 24–26. Plaintiff has previously worked as an

administrative clerk. R. 24, 54, 82. Plaintiff claims she was disabled as of September 11, 2018. R. 17, 35–36, 62. She filed for disability on October 4, 2018.2 R. 15, 60, 62. On April 10, 2019, Plaintiff’s initial application was denied. R. 92. Plaintiff requested a hearing before an ALJ. R. 99–100. The ALJ held a hearing (R. 32–59) and issued a decision on April 14, 2020, finding Plaintiff not disabled. R. 15, 25–26. Plaintiff

sought review. R. 160–62. The Appeals Council thereafter denied Plaintiff’s request for review on September 25, 2020, making the Commissioner’s final decision ripe for judicial review. R. 1–3; see 42 U.S.C. § 405(g). III. THE ALJ’S DECISION

The ALJ concluded that Plaintiff has severe impairments of “back disorder, right knee disorder, fibromyalgia, peripheral neuropathy, obesity, mood disorder, and generalized anxiety disorder” but that she does not meet the Listing of Impairments in 20

2 Plaintiff alleged disability due to a herniated disc, bipolar disorder, fibromyalgia, panic disorder, IBS, neuropathy, right-hip trouble, and chronic-fatigue syndrome. R. 62. C.F.R § 404, Subpart P, Appendix 1, §§ 1.02, 1.04, 12.04, or 12.06. R. 17–18, 72. The ALJ determined Plaintiff has the residual functional capacity (“RFC”) to perform sedentary work3 with certain limitations.4 R. 20. The RFC also limited Plaintiff to simple tasks,

decisions, and instructions, assigning her jobs with level 1 or 2 reasoning. R. 20. Considering Plaintiff’s age, education, work experience, and RFC, the ALJ found there were other jobs in the national economy that she could perform, such as a mail-sort clerk, toy stuffer, or surveillance-system monitor. R. 24–25. Accordingly, the ALJ found that Plaintiff had not been under a disability from her alleged onset date of September 11, 2018,

through the date of the ALJ’s decision on April 14, 2020. R. 25–26. IV. DISCUSSION

Plaintiff’s brief delineates two issues for review: (1) the ALJ failed to properly evaluate the medical evidence in determining Plaintiff’s mental RFC; and (2) the ALJ failed to properly determine Plaintiff’s RFC. The Court disagrees. A. The ALJ properly evaluated the medical evidence.

The regulations applicable to claims like this filed after March 2017 provide the following: [T]he ALJ focuses on the persuasiveness of the medical opinion(s) or prior administrative medical finding(s) using the following five factors: (1) supportability, (2) consistency, (3) relationship with the claimant (which includes length of the treatment relationship, frequency of examinations,

3 20 C.F.R. § 404.1567(a) states that “[s]edentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary . . . .” 4 The ALJ found that Plaintiff has the RFC to “perform sedentary work as defined in 20 CFR 404.1567(a), except that she can occasionally balance, stoop, kneel, crouch, crawl, and climb ramps and stairs only . . . . R. 20. purpose of the treatment relationship, extent of the treatment relationship, examining relationship), (4) specialization, (5) other factors. See 20 C.F.R. § 404.1520(c)(a)-(c) (2020).5 [In particular, a]n ALJ must explain how he considered the factors of supportability and consistency. [See 20 C.F.R. §§ 404.1520c(b)(2), 416.920c(b)(2).] The ALJ must explain in his decision how persuasive he finds a medical opinion and/or a prior administrative medical finding based on these two factors. Id. The ALJ may but is not required to explain how he considered the other remaining factors. 20 C.F.R. § 404.1520c(b)(3) (2020).

Nix v. Saul, No. 4:20-CV-790-RDP, 2021 WL 3089309, at *1, *6 (N.D. Ala. July 22, 2021). The ALJ’s analysis should determine “whether the medical source’s opinion is (1) supported by the source’s own records and (2) consistent with the other evidence of record.” Gogel v. Comm’r of Soc. Sec., No. 2:20-CV-366-MRM, 2021 WL 4261218, at *1, *6 (M.D. Fla. Sept. 20, 2021) (citing Cook v. Comm’r of Soc. Sec., No. 6:20-CV-1197- RBD-DCI, 2021 WL 1565832, at *1, *3 (M.D. Fla. Apr. 6, 2021), report and recommendation adopted, No. 6:20-CV-1197-RBD-DCI, 2021 WL 1565162 (M.D. Fla. Apr. 21, 2021)). Still, an ALJ need only explain the consideration of the factors on a source- by-source basis; the regulations do not require the ALJ to precisely explain the consideration of each opinion within the same source. 20 C.F.R. §§ 404

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