Reynolds-Taylor v. O'Malley

CourtDistrict Court, E.D. Missouri
DecidedAugust 29, 2024
Docket2:23-cv-00047
StatusUnknown

This text of Reynolds-Taylor v. O'Malley (Reynolds-Taylor v. O'Malley) 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
Reynolds-Taylor v. O'Malley, (E.D. Mo. 2024).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION

JESSICA REYNOLDS-TAYLOR, ) ) Plaintiff, ) ) v. ) No. 2:23 CV 47 CDP ) MARTIN O’MALLEY, ) Commissioner of Social Security,1 ) ) Defendant. )

MEMORANDUM AND ORDER Plaintiff Jessica Reynolds-Taylor brings this action under 42 U.S.C. § 405 seeking judicial review of the Commissioner’s final decision denying, in part, her claim for disability insurance benefits (DIB) under Title II of the Social Security Act, 42 U.S.C. §§ 401, et seq. Because the Commissioner’s final decision is supported by substantial evidence on the record as a whole, I must affirm the decision. Procedural History Plaintiff applied for DIB in December 2020, asserting that she became disabled on August 16, 2018, because of stage 4 cirrhosis of the liver, severe post-

1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Fed. R. Civ. P. 25(d), he is automatically substituted for former Acting Commissioner Kilolo Kijakazi as the defendant in this action. traumatic stress disorder (PTSD), high blood pressure, depression and anxiety, and type 2 diabetes. Plaintiff later amended her alleged onset date to March 15, 2020.

The Social Security Administration (SSA) denied plaintiff’s application initially in May 2021, and on reconsideration in October 2021. On July 26, 2022, a hearing was held before an administrative law judge (ALJ) at which plaintiff and a

vocational expert (VE) testified. On September 21, 2022, the ALJ entered a decision finding that plaintiff was under a disability beginning November 15, 2021, but not before that date. On June 16, 2023, the Appeals Council denied plaintiff’s request to review the ALJ’s decision. The ALJ’s decision is thus the final decision

of the Commissioner. In this action for judicial review, plaintiff contends that the ALJ’s determination of her residual functional capacity (RFC) for the period before

November 15, 2021, is not supported by substantial evidence on the record as a whole, because the record shows her impairments caused limitations that prevented her from performing work-related functions during that time. Plaintiff asks that I reverse the ALJ’s decision and award benefits or remand for further consideration.

Medical Records and Other Evidence of Record Plaintiff was diagnosed with uterine cancer in August 2018 for which she underwent a total hysterectomy with follow-up chemotherapy and radiation

treatment. She finished her treatment in March 2019 and has been considered in remission since May 2020. An abdominal ultrasound taken in October 2020 in response to lab tests that indicated elevated liver enzymes showed enlarged fatty

liver with probable cirrhosis without ascites. Plaintiff was not a candidate for liver transplant, however, because of her severe obesity; and she could not undergo bariatric surgery because of her liver condition. Plaintiff also has type 2 diabetes

mellitus, having had the condition since 2013. She became insulin dependent during the course of her chemotherapy treatment. Plaintiff has also suffered from anxiety and depression since at least 2018 and was diagnosed with recurrent major depressive disorder and PTSD.2

A liver biopsy from November 15, 2021, confirmed NASH (nonalcoholic steatohepatitis) cirrhosis, with clinically significant portal hypertension as shown by an “extremely high” hepatic venous pressure gradient. An MRI of the abdomen

performed in March 2022 showed a trace amount of ascites. Upon consideration of those test results and plaintiff’s increasing cirrhotic symptoms and weight gain, plaintiff’s treating gastroenterologist suspected in July 2022 that plaintiff currently had medium sized esophageal varices,3 at the least, and decompensated cirrhosis.

2 Plaintiff has several stressors in her life, including her health conditions; raising five young daughters, one of whom is in a care facility; managing her daughters’ mental health conditions, caused in part by sexual abuse committed by her now ex-husband; and going through the trial and other matters related to her ex-husband’s crimes.

3 Esophageal varices are enlarged veins in the esophagus. They can leak blood or burst. Esophageal varices, Mayo Clinic, available at https://www.mayoclinic.org/diseases- conditions/esophageal-varices/symptoms-causes/syc-20351538# (Mar. 15, 2023). (Tr. 1345-47.)4 With respect to additional medical records and other evidence of record, I

adopt plaintiff’s recitation of facts set forth in her Statement of Uncontroverted Medical Facts (ECF 15-1) as admitted and clarified by the Commissioner (ECF 16- 1). These statements and clarifications provide a fair and accurate description of

the relevant record before the Court. Additional specific facts are discussed as needed to address the parties’ arguments. Discussion A. Legal Standard

To be eligible for benefits under the Social Security Act, plaintiff must prove that she is disabled. Pearsall v. Massanari, 274 F.3d 1211, 1217 (8th Cir. 2001); Baker v. Sec’y of Health & Human Servs., 955 F.2d 552, 555 (8th Cir. 1992).

The Social Security Act defines disability as the inability “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 twelve months.” 42

U.S.C. § 423(d)(1)(A). An individual will be declared disabled “only if [her]

4 Health experts classify cirrhosis as either compensated or decompensated. Decompensated cirrhosis is when liver function decreases and a person may be approaching end stage liver failure. What to Know About Decompensated Cirrhosis, MEDICALNEWSTODAY, https://www.medicalnewstoday.com/articles/decompensated-cirrhosis (May 24, 2023). physical or mental impairment or impairments are of such severity that [she] is not only unable to do [her] previous work but cannot, considering [her] age, education,

and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 423(d)(2)(A). The Commissioner engages in a five-step evaluation process to determine

whether a claimant is disabled. See 20 C.F.R. § 404.1520; Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987). The first three steps involve a determination as to whether the claimant is currently engaged in substantial gainful activity; whether she has a severe impairment; and whether her severe impairment(s) meets or

medically equals the severity of a listed impairment. At Step 4 of the process, the ALJ must assess the claimant’s RFC – that is, the most the claimant is able to do despite her physical and mental limitations, Martise v. Astrue, 641 F.3d 909, 923

(8th Cir. 2011) – and determine whether the claimant is able to perform her past relevant work. Goff v.

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