Robinson v. Commissioner of the Social Security Administration

CourtDistrict Court, N.D. Ohio
DecidedMarch 24, 2023
Docket1:22-cv-00968
StatusUnknown

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

Bluebook
Robinson v. Commissioner of the Social Security Administration, (N.D. Ohio 2023).

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ROBNEEKA ROBINSON, ) Case No. 1:22-CV-0968 ) Plaintiff, ) ) MAGISTRATE JUDGE v. ) THOMAS M. PARKER ) COMMISSIONER OF SOCIAL ) SECURITY, ) MEMORANDUM OPINION ) AND ORDER Defendant. ) )

Plaintiff, Robneeka Robinson, seeks judicial review of the final decision of the Commissioner of Social Security, denying her applications for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) under Titles II and XVI of the Social Security Act. Robinson challenges the Administrative Law Judge’s (“ALJ”) negative findings, contending that the ALJ erred in (i) evaluating her subjective symptoms complaints with regard to her pseudotumor cerebri, and (ii) finding that she could perform frequent bilateral fingering and handling as part of her residual functional capacity (“RFC”). Although the ALJ properly evaluated Robinson’s manipulative limitations, the ALJ failed to apply proper legal standards in articulating his reasoning for rejecting Robinson’s subjective complaints; the Commissioner’s final decision denying Robinson’s applications for DIB and SSI is vacated and that Robinson’s case is remanded for further consideration. I. Procedural History On August 10, 2017, Robinson applied for DIB, and on July 26, 2017, she also applied for SSI. (Tr. 212, 241).1 Robinson alleged that she became disabled on December 1, 20182 due to (i) carp[a]l tunnel syndrome in her left wrist, (ii) intercranial hypertension, (iii) thyroid

disease, and (iv) fibromyalgia. (Tr. 245, 247). The Social Security Administration denied Robinson’s applications initially and upon reconsideration. (Tr. 111-127, 129-146). Robinson requested an administrative hearing. (Tr. 210-211). ALJ Reuben Sheperd heard Robinson’s case on June 4, 2019 and denied her applications in a June 26, 2019 decision. (Tr. 15-26, 32-80). In doing so, the ALJ determined that Robinson had the RFC to perform work at the sedentary exertion level, with the following limitations: [F]requent climbing of ramps and stairs; never climbing ladders, ropes, or scaffolds; frequent balancing, stooping, kneeling, crouching, and crawling; frequent handling and fingering bilaterally; limited to simple, routine tasks, without a production-rate pace; limited to infrequent and superficial contacts (short duration and for a specific purpose) with others; can adapt to settings with infrequent changes; and can perform low stress work, meaning no arbitration, negotiation, responsibility for the safety of others, or supervisory responsibility.

(Tr. 20). On April 20, 2022, the Appeals Council denied further review, rendering the ALJ’s decision the final decision of the Commissioner. (Tr. 1-3). On June 7, 2022, Robinson filed a complaint to obtain judicial review. ECF Doc. 1. II. Evidence A. Personal, Educational, and Vocational Evidence Robinson was born on August 13, 1978, and was 40 years old on the amended alleged onset date. (Tr. 254). She completed eleventh grade in 1995 and health aid training in 1998.

1 The administrative transcript appears in ECF Doc. 9. 2 Robinson initially alleged that she became disabled in 2006, but later amended that date to December 1, 2018. (Tr. 245). For ease of reference, the amended alleged onset date will be simply referred to as the onset date in the remainder of this opinion. (Tr. 248). She had prior work experience as a caterer and retail store manager, but the ALJ determined that Robinson had no past relevant work. (Tr. 24, 248). B. Relevant Medical Evidence Because the focus of Robinson’s arguments is the ALJ’s consideration of her physical

impairments, particularly her pseudotumor cerebri and manipulation abilities, it is only necessary to summarize the medical evidence relevant to those conditions. Some records predating Robinson’s onset date, however, have been included for context. From 2015 to 2016, Robinson sought treatment for carpal tunnel syndrome in both her hands. In her left hand, she’d had both a corticosteroid injection and, in October 2015, a carpal tunnel release procedure; but she experienced no relief. (Tr. 358, 363, 515, 559, 561-562). In May 2016, Robinson underwent an electromyography (EMG) test on her hands, which showed a right median neuropathy consistent with carpal tunnel syndrome, “which is mild in degree electrically.” (Tr. 356). In July 2016, she had an ultrasound of her hands, which indicated she had carpal tunnel syndrome in both. (Tr. 337). Robinson continued to receive treatment and,

also in May 2016, started therapy in both hands, but stopped by October 2016. (Tr. 357-364). Her last therapy note indicated that she “was progressing as expected toward functional goals based on pain levels” but the therapist was unable to formally assess her progress “due to non- compliance with therapy plan of care.” (Tr. 357). Robinson was ultimately discharged from therapy because she did not return or schedule any further appointments. Id. On August 2, 2017, Robinson saw Keith Torrey, M.D., complaining of pain. (Tr. 456). It was noted that for about six months, she had been having issues with her balance and vision, indicating that when she turned her head, she felt a posterior headache radiating upward and that “someone is closing my eyes, it’s like I’m blacking out.” Id. She also noted dizziness. Id. Dr. Torrey’s impression was that her balance and vision issues “[c]ould certainly be associated with pseudotumor cerebri, though [Robinson] has been reportedly adherent to Diamox on most days.” (Tr. 460-461). On physical examination, Dr. Torrey also noted that she had restricted range of motion bilaterally in her wrists, particularly in her left. (Tr. 460).

On August 3, 2017, Robinson underwent an ophthalmology exam. (Tr. 452). She reported having episodes of her vision “blacking out” when turning her head left or right. Id. She also noted her history of idiopathic intracranial hypertension, having been diagnosed with it at 15, and reported that she awoke with blurred vision, had daily headaches, and experienced occasional visual obscurations. Id. There was no evidence of optic disc edema or vision loss, and she was instructed to continue her current treatment. (Tr. 454-455). On August 27, 2017, Robinson was seen at the emergency room for a headache after being involved in a motor vehicle accident the day prior. (Tr. 493). On August 31, 2017, Robinson was seen at the emergency room for a headache, which she’d had for several days, on the left side of her head, behind her left eye, and on the back of her

head. (Tr. 487). Tylenol and Motrin provided no relief. Id. She described the pain as 12/10, throbbing, pounding in her left occipital and parietal areas, and causing photosensitivity. Id. On physical examination, it was noted that she was obese, had signs of hypertension, and mild photosensitivity, but was otherwise normal. (Tr. 488-489). Intravenous medications greatly improved her symptoms. (Tr. 490). From September 5 to 8, 2017, Robinson was admitted to and treated at University Hospitals for headaches. (Tr. 482, 500). She was diagnosed with pseudotumor cerebri. (Tr. 500). Because she had uncontrollable pain, her neurologist instructed her to go to the hospital. Id. While admitted, Robinson underwent a lumbar puncture, which showed a 20 cm reduction in pressure. (Tr. 496). Robinson indicated that her headache improved with medication. (Tr. 503). A neurologist also saw Robinson and noted that she did not have any focal weakness or numbness on examination. Id. The neurologist also increased her acetazolamide and recommended an ophthalmology consultation. (Tr. 506-507, 524-528). The

ophthalmologist assessed Robinson with pseudotumor cerebri, noting that she had no acute eye changes or findings. (Tr. 509, 529-531). Once stabilized, she was discharged. (Tr. 501). On October 31, 2017, Robinson saw Dr. Torrey. (Tr. 614).

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Robinson v. Commissioner of the Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-commissioner-of-the-social-security-administration-ohnd-2023.