Sanders v. Saul

CourtDistrict Court, W.D. Tennessee
DecidedOctober 26, 2020
Docket1:19-cv-01271
StatusUnknown

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

Bluebook
Sanders v. Saul, (W.D. Tenn. 2020).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

) ERICK SANDERS, ) ) Plaintiff, ) ) v. ) No. 19-cv-01271-TMP ) ANDREW SAUL, ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) )

ORDER AFFIRMING THE COMMISSIONER’S DECISION

Before the court is plaintiff Erick Sanders’s appeal from a final decision of the Commissioner of Social Security (“Commissioner”) denying his application for disability insurance under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401-34. The parties have consented to the jurisdiction of the United States magistrate judge under 28 U.S.C. § 636(c). (ECF No. 12.) For the reasons below, the Commissioner’s decision is AFFIRMED. I. FINDINGS OF FACT Erick Sanders is a fifty-four-year old man suffering from several ailments, including obesity, degenerative disc disease, degenerative joint disease, and a hernia. (R. at 24.) Though he has a high school education, Sanders has not held any gainful employment within the past fifteen years. (R. at 24, 34-35.) Before then, he worked as a warehouse manager and at a body shop. (R. at 223.) On September 23, 2004, an Administrative Law Judge

(“ALJ”) found that Sanders had been legally disabled since May 1, 2002. (R. at 16, 52.) However, on November 9, 2016, a subsequent ALJ (“ALJ Reap”) found that Sanders had lost his disability status by November 1, 2013, because his physical therapy had resulted in “significant improvements in mobility and activities of daily living.” (R. at 16, 55, 60). Though a magnetic resonance imaging (“MRI”) scan in 2014 showed that Sanders was still suffering from multilevel degenerative disc disease, ALJ Reap noted that Sanders was physically capable of performing medium work. (R. at 55.) Sanders did not appeal ALJ Reap’s decision. (R. at 16.) On December 20, 2016, Sanders went to the emergency room (“ER”) at Jackson Madison County General Hospital, complaining of back and

neck pain. (R. at 19.) After an examination, the ER doctor noted that Sanders was exhibiting symptoms indicative of neck pain that had improved with treatment. (R. at 19.) The ER doctor sent Sanders home with a prescription and instructions to meet with his primary care provider. (R. at 19.) On January 20, 2017, Sanders filed the application for disability insurance under Title II of the Act that is presently before the court, alleging a disability beginning on March 1, 2014. (R. at 16.) On a Function Report-Audit form dated May 11, 2017, Sanders indicated that he had lost the ability to use his dominant hand and was struggling to maintain his personal care. (R. at 19.) He also indicated that, while he cannot walk to get groceries or

stand to perform household chores, he goes outside every day on his own and that he travels both by car and on foot. (R. at 233-34.) At the request of the SSA, Sanders went to Dr. Donita Keown for a physical examination on June 6, 2017. (R. at 20.) Dr. Keown observed that Sanders: approached the reception desk demonstrating [an] ability to ambulate independently at a brisk pace. He demonstrated normal speech as he interrogated our receptionist regarding examination and [our] consultative examiner. I observed this claimant ambulating briskly through clinic corridors. He did not require devices. He is darkly suntanned and heavy set. It is noted that while he was in the facility, I have observed this gentleman utilizing his right upper extremity and hand to make notes on a piece of paper.

Out of doors, claimant is observed standing on one foot . . . stretching and exercis[ing]. He is observed in the waiting area pulling a second chair in front of him[,] elevating his lower extremities[, and] demonstrating bilateral negative SLRs. He is observed turning, moving multiple pieces of furniture, walking through the clinic corridors, and turning door knobs. It is noted that he has attempted [to] intimidate his consultative physician and her assistant[.] [C]laimants and claimant family members in waiting area were very upset and frightened. We have asked this claimant to leave the clinic on a voluntary basis or else police will be summoned.

(R. at 20.) Based solely on her observations of Sanders in the waiting area of her clinic (she was unable to personally examine him), Dr. Keown proposed that Sanders did not need any restrictions on his work ability. (R. at 20.) Four other doctors reviewed Sanders’s medical records over the remaining months in 2017. Two of the doctors, Dr. Rebecca Hansmann and Dr. Stacy Koutrakos,

concluded that there was insufficient evidence to render an opinion about Sanders’s mental capabilities. (R. at 20.) The other two doctors, Dr. Joseph Curtsinger and Dr. Morris Susman, concluded that Sanders did not have a “severe” physical impairment that would restrict his ability to work. (R. at 20.) On October 12, 2018, Sanders was examined by Dr. John Woods. (R. at 20.) Sanders drove himself to the appointment. (R. at 500.) After examining Sanders and reviewing his medical history, Dr. Woods noted that “[Sanders] got onto and off of the exam table without difficulty,” that his “[h]ip abduction was mildly decreased bilaterally due to his obesity, but he otherwise had full range of motion in all tested joints,” that he had “no joint swelling . . .

[or] . . . muscle dystrophy,” and that his “[g]ait was normal.” (R. at 500.) Dr. Woods also noted that Sanders initially refused to sit in the examination room because he was in too much pain and instead “stood leaning over the exam table during much of [the] evaluation.” (R. at 500.) Dr. Woods made several opinions regarding Sanders’s work capabilities based on Sanders’s surgical history, an MRI taken in February 2014 (the same MRI considered by ALJ Reap) that showed Sanders’s degenerative disc disease, and Sanders’s symptoms of pain in his arms, legs, neck, back, and spine. Dr. Woods opined that Sanders could lift up to ten pounds occasionally but less than ten pounds frequently, that he could stand or walk for five hours each

day for up to an hour at a time, and that he could sit for seven hours each day for up to thirty minutes at a time. (R. at 21.) Dr. Woods further opined that Sanders could “handle and finger” frequently on his right side, that he could reach occasionally with his right arm and frequently with his left, that he could push and pull less than occasionally on his right and occasionally on his left, and that he could occasionally operate foot controls with either foot. (R. at 21.) While he could never climb ladders or scaffolds and could kneel or crawl less than occasionally, Dr. Woods opined that Sanders could balance and climb stairs or ramps. (R. at 21.) Dr. Woods also opined that Sanders could occasionally operate a motor vehicle. (R. at 21.)

The Social Security Administration (“SSA”) denied Sanders’s application for disability benefits initially and upon reconsideration. (R. at 16.) At Sanders’s request, a hearing was held before an ALJ on November 16, 2018. (R. at 16.) Sanders and Charles Wheeler, a vocational expert, testified at the hearing. (R. at 16.) At the hearing, the ALJ posed Wheeler with three hypotheticals dealing with potential job opportunities for individuals with similar capabilities to Sanders. (R. at 39-44.) Under the first hypothetical, Wheeler was asked whether an individual who had no prior work history but possessed the residual functional capacity (“RFC”) to perform medium work – albeit with

several physical limitations – could perform any specific jobs. (R. at 39-40.) Wheeler testified that such an individual could work as a hand packager, an automobile detailer, or a laboratory equipment cleaner. (R.

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Bluebook (online)
Sanders v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-saul-tnwd-2020.