RAWLS v. COMMISSIONER OF SOCIAL SECURITY

CourtDistrict Court, D. New Jersey
DecidedMarch 30, 2022
Docket2:20-cv-09305
StatusUnknown

This text of RAWLS v. COMMISSIONER OF SOCIAL SECURITY (RAWLS v. COMMISSIONER OF SOCIAL SECURITY) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
RAWLS v. COMMISSIONER OF SOCIAL SECURITY, (D.N.J. 2022).

Opinion

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TANYA RAWLS, Civil Action No.: 20-9305 Plaintiff, OPINION v. COMMISSIONER OF SOCIAL SECURITY, Defendant. CECCHI, District Judge. I. INTRODUCTION Before the Court is the appeal of Tanya Rawls (“Plaintiff”) seeking review of a final decision by the Commissioner of the Social Security Administration (“Commissioner” or “Defendant”) denying her application for supplemental security income (“SSI”) pursuant to Title II and/or Title XVI of the Social Security Act (“SSA” or the “Act”). This matter is decided without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons set forth below, the decision of the Administrative Law Judge (“ALJ”) is affirmed.

II. BACKGROUND Plaintiff is currently a 51-year-old female with a GED. Tr.1 at 62–63, 76. She previously worked as a recreation aid and patient transporter. Id. In June 2016, Plaintiff presented to her primary care provider for medical evaluation and possible referral to pain management, but she described her pain as 0/10 at the time. Id. at 19. Her blood pressure was recorded at 119/82 and her body mass index (“BMI”) was 44.26, rendering Plaintiff morbidly obese. Id. Plaintiff received

1 “Tr.” refers to the certified record of the administrative proceedings. ECF No. 6. a diagnosis of essential hypertension, diabetes mellitus type II without complications, lumbago, gastritis, depressive disorder, hypercholesterolemia, hyperlipidemia, and vitamin D deficiency. Id. at 19. At that time, Plaintiff reported that she had stopped taking her diabetes medication against doctors’ orders. Id. Plaintiff also indicated that she smoked 11–20 cigarettes per day and was not

interested in quitting. Id. at 731–32. With her application for SSI, Plaintiff submitted two function reports, dated June 2016 and February 2017 respectively, in which she showed that she generally cared for her own personal needs, including by preparing meals, driving, shopping, managing finances, and performing household chores. Id. at 17, 225–26, 251–55. Further, Plaintiff noted that she attended church, crocheted, and socialized with her best friend and two nieces. Id. Through diabetes maintenance visits during August and September 2016, Plaintiff presented as morbidly obese, but records showed that her diabetes mellitus did not result in any complications. Id at 20. In September 2016, Plaintiff reported that she was capable of performing her usual daily activities and did not experience any fatigue, fever, or weakness. Id. Plaintiff underwent a medical examination by Dr. Rambhai Patel in November 2016, at which she measured

five foot four inches, 264 pounds (BMI of 45.7), and her blood pressure was 160/100. Id. at 20. Examinations of Plaintiff’s lungs, heart, abdomen, lower extremities, chest, and lumbar spine were all normal. Id. Dr. Patel concluded that Plaintiff suffered from diabetes mellitus with the possibility of diabetic neuritis, lower back pain secondary to lumbago, arthritis of the knees with decreased range of motion bilaterally, hypertension, obesity, and asthma. Id. Regarding Plaintiff’s spinal condition, an October 2018 MRI showed that Plaintiff suffered from degenerative disc disease with facet hypertrophy and severe central stenosis at the L5-S1 level, secondary to epidural lipomatosis. Id. at 21. Dr. Jasing, an internist, noted Plaintiff possessed an antalgic gait, and measured Plaintiff’s BMI at 36.2 and her blood pressure at 161/95, both abnormally high readings. Id. Based on his observations, Dr. Jasing recommended that Plaintiff receive a nerve block, but Plaintiff declined the procedure. Id. Ultimately, Dr. Jasing diagnosed Plaintiff with lumbar spinal stenosis and spondylosis, epidural lipomatosis, diabetic neuropathy, unspecified hip pain, and meralgia parasthestica of the right lower limb. Id.

In terms of mental health, Plaintiff’s primary care provider noted depression in Plaintiff’s June 2016 diagnosis, but stated that Plaintiff reported no anxiety, and removed the depression diagnosis at subsequent visits. Id. at 20. Through December 2016, records indicate that Plaintiff did not present as anxious or depressed. Id. Nevertheless, Plaintiff underwent outpatient mental health treatment at Rutgers University Behavioral Healthcare from January 2017 to January 2018. Throughout early 2017, Plaintiff reported as depressed and anxious, among other mental impairments. Id. Her treatment provider noted that Plaintiff was “lethargic, anxious, depressed and tearful during her interactions.” Id. However, by July 2017, records indicate that Plaintiff’s mental health symptoms had improved after treatment. Id. By the end of 2017, the claimant exhibited as more social and less depressed and anxious than previously reported, due largely to

the intervention of medication and behavioral activation techniques. Id. at 20–21. Plaintiff discontinued her treatment in January 2018 after missing several appointments and becoming non- responsive to contact attempts by the treatment provider. Id. at 779. On June 2, 2016, Plaintiff filed an application for SSI, alleging disability beginning July 1, 2014, due to diabetes, lower back pain, knee pain, sleep apnea, and obesity. Id. at 183–86, 201.2 Plaintiff’s claim for SSI was denied initially on November 9, 2016, and upon reconsideration on April 5, 2017. Id. at 107–11, 115–17. Plaintiff requested and was granted a hearing before an

2 This was not Plaintiff’s first application; Plaintiff has applied for, and been denied, disability benefits multiple times since 2012. Tr. at 209–10. ALJ held in November 2018, at which Plaintiff and an impartial vocational expert testified. Id. at 30–75. On March 7, 2019, the ALJ determined Plaintiff was not disabled from June 2, 2016 through the date of the ALJ’s decision because Plaintiff could perform a significant number of

sedentary, unskilled jobs existing in the national economy, and thus the ALJ denied Plaintiff’s claim for SSI. Id. at 12. The Appeals Council found no basis to review the ALJ’s decision. Id. at 1–6. This appeal followed. ECF No. 1. III. LEGAL STANDARD A. Standard of Review This Court has jurisdiction to review the Commissioner’s decision under 42 U.S.C. §§ 405(g); 1383(c)(3). The Court is not “permitted to re-weigh the evidence or impose [its] own factual determinations,” but must give deference to the administrative findings. Chandler v. Comm’r of Soc. Sec., 667 F.3d 356, 359 (3d Cir. 2011); see also 42 U.S.C. § 405(g). Nevertheless, the Court must “scrutinize the record as a whole to determine whether the conclusions reached are

rational” and substantiated by substantial evidence. Gober v. Matthews, 574 F.2d 772, 776 (3d Cir. 1978) (citations omitted). Substantial evidence is more than a mere scintilla and is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Chandler, 667 F.3d at 359 (citations omitted). If the factual record is adequately developed, substantial evidence “may be ‘something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.’” Daniels v. Astrue, No. 08-1676, 2009 WL 1011587, at *2 (M.D. Pa. Apr. 15, 2009) (quoting Consolo v. Fed. Mar.

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RAWLS v. COMMISSIONER OF SOCIAL SECURITY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rawls-v-commissioner-of-social-security-njd-2022.