Sanders v. Social Security Administration, Commissioner

CourtDistrict Court, N.D. Alabama
DecidedSeptember 29, 2023
Docket5:21-cv-00383
StatusUnknown

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

Bluebook
Sanders v. Social Security Administration, Commissioner, (N.D. Ala. 2023).

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

JOANNA SANDERS, }

} Plaintiff, }

} v. } } KILOLO KIJAKAZI, } CASE NO.: 5:21-cv-00383-MHH ACTING COMMISSIONER OF } SOCIAL SECURITY, }

} Defendant. }

MEMORANDUM OPINION

Ms. Joanna Sanders has asked the Court to review a final adverse decision of the Commissioner of Social Security. The Commissioner denied Ms. Sanders’s claims for disability insurance benefits and supplemental security income based on an Administrative Law Judge’s finding that Ms. Sanders was not disabled. Ms. Sanders argues that, in denying her request for benefits, the Administrative Law Judge—the ALJ—improperly evaluated Ms. Sanders’s subjective complaints of pain under the Eleventh Circuit pain standard. After careful review, the Court affirms the Commissioner’s decision. ADMINISTRATIVE PROCEEDINGS To succeed in her administrative proceedings, Ms. Sanders had to prove that

she was disabled. Gaskin v. Comm’r of Soc. Sec., 533 Fed. Appx. 929, 930 (11th Cir. 2013). “A claimant is disabled if [s]he is unable to engage in substantial gainful activity by reason of a medically-determinable impairment that can be expected to

result in death or which has lasted or can be expected to last for a continuous period of at least 12 months.” Gaskin, 533 Fed. Appx. at 930 (citing 42 U.S.C. § 423(d)(1)(A)).1 To determine whether a claimant has proven that she is disabled, an ALJ

follows a five-step sequential evaluation process. The ALJ considers: (1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe impairment or combination of impairments; (3) whether the impairment meets or equals the severity of the specified impairments in the Listing of Impairments; (4) based on a residual functional capacity (“RFC”) assessment, whether the claimant can perform any of his or her past relevant work despite the impairment; and (5) whether there are significant numbers of jobs in the national economy that the claimant can perform given the claimant’s RFC, age, education, and work experience.

1 Title II of the Social Security Act governs applications for benefits under the Social Security Administration’s disability insurance program. Title XVI of the Act governs applications for Supplemental Security Income or SSI. “For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same.” See https://www.ssa.gov/disability/professionals/bluebook/general-info.htm (lasted visited September 15, 2023). Winschel v. Comm’r of Soc. Sec. Admin, 631 F.3d 116, 1178 (11th Cir. 2011). “The claimant has the burden of proof with respect to the first four steps.” Wright v.

Comm’r of Soc. Sec., 327 Fed. Appx. 135, 136-37 (11th Cir. 2009). “Under the fifth step, the burden shifts to the Commissioner to show that the claimant can perform other jobs that exist in the national economy.” Wright, 327 Fed. Appx. at 137.

Ms. Sanders applied for disability insurance benefits on August 28, 2017 and for supplemental security income on September 16, 2017. (Doc. 8-4, pp. 69-70; Doc. 8-6, pp. 2-9).2 Ms. Sanders initially alleged that her disability began on February 1, 2014. (Doc. 8-6, p. 4). Ms. Sanders later amended her disability onset

date to October 7, 2017. (Doc. 8-6, p. 28). The Commissioner initially denied Ms. Sanders’s claims, and Ms. Sanders requested a hearing before an ALJ. (Doc. 8-4, pp. 46, 66, 68; Doc. 8-5, pp. 11-12). Ms. Sanders and her attorney attended a hearing

before the ALJ on June 27, 2019. (Doc. 8-3, p. 52). A vocational expert testified via telephone at the hearing. (Doc. 8-3, pp. 54, 69-73). The ALJ issued an unfavorable decision on August 29, 2019. (Doc. 8-4, pp. 75-86). On March 26, 2020, the Appeals Council vacated the ALJ’s August 29,

2019 decision and remanded the case to the ALJ to consider evidence submitted by

2 Ms. Sanders filed previous applications under Title II and Title XVI that an ALJ fully adjudicated and denied on October 3, 2016; Ms. Sanders did not appeal that final decision to a district court. (Doc. 8-3, p. 15; Doc. 8-4, pp. 5-16). Therefore, the ALJ in the present appeal applied the doctrine of res judicata and did not consider any period on or before October 3, 2016 in reaching her October 16, 2020 decision denying Ms. Sanders disability benefits. (Doc. 8-3, p. 15). Ms. Sanders before the ALJ’s August 29, 2019 decision. (Doc. 8-4, pp. 92-94). On September 17, 2020, Ms. Sanders and her attorney attended a second hearing via

telephone before an ALJ. (Doc. 8-3, pp. 38, 40). A vocational expert testified at the hearing. (Doc. 8-3, pp. 69-73). The ALJ issued another unfavorable decision on October 16, 2020. (Doc. 8-

3, pp. 15-30). On January 15, 2021, the Appeals Council declined Ms. Sanders’s request for review, (Doc. 8-3, p. 2), making the Commissioner’s decision final and a proper candidate for this Court’s judicial review. See 42 U.S.C. § 405(g). EVIDENCE IN THE ADMINISTRATIVE RECORD

Ms. Sanders’s Medical Records To support her application, Ms. Sanders submitted medical records that relate to the diagnoses and treatment of degenerative disc disease, degenerative joint

disease, chronic pain syndrome, lumbar and cervical radiculopathy, numbness, mild joint degenerative arthrosis, major depressive disorder, and anxiety. The Court has reviewed Ms. Sanders’s complete medical history and summarizes the following medical records because they are most relevant to Ms. Sanders’s arguments in this

appeal.3

3 Ms. Sanders did not raise an issue regarding her alleged mental limitations. (See Doc. 12). The Court has reviewed the medical records and medical opinions in the administrative record, but the Court will discuss only the records that relate to Ms. Sanders’s alleged physical limitations and symptoms. Ms. Sanders underwent neck surgery in 2006 or 2007. (Doc. 8-7, p. 47). A September 2012 MRI showed “mild diffuse disc bulging” in Ms. Sanders’s lumbar

spine at L3-L4 and “facet arthropathy bilaterally” at L4-L4 and L5-S1 without stenosis. (Doc. 8-11, p. 129).4 She had an anterior cervical discectomy and fusion at C5-C-6 and C6-C7 in 2013. (Doc. 8-12, pp. 125, 143).5 The procedure was

successful, but Ms. Sanders’s pain gradually returned. (Doc. 8-12, p. 18). On February 13, 2017, Ms. Sanders saw Dr. Roddie Gantt at Tennessee Valley Pain Consultants and complained of low back pain, joint stiffness and pain, numbness and tingling in her legs, and falls. (Doc. 8-12, pp. 15, 20-21). Ms. Sanders

rated her pain at 8/10. (Doc. 8-12, p. 18). She reported that standing and walking aggravated her pain; rest, lying down, medication and massage alleviated her pain. (Doc. 8-12, p. 19). Dr. Gantt’s physical examination revealed that Ms. Sanders had

a normal range of motion, normal gait, and normal muscle mass. (Doc. 8-12, p. 21).

4 “Facet arthropathy, also known as facet osteoarthritis, is a type of wear-and-tear arthritis affecting the spine. It affects the bony protrusions, called facet joints, that connect the bones of the spine. Symptoms include neck and back pain which can get worse with standing, twisting, or bending.” See https://www.verywellhealth.com/facet-arthropathy-treatment-190440 (last visited September 15, 2023).

5 Anterior cervical discectomy and fusion (ACDF) is a type of neck surgery that involves removing a damaged disc to relieve spinal cord or nerve root pressure and alleviate corresponding pain, weakness, numbness, and tingling. . . .

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