Sandoval v. Saul

CourtDistrict Court, D. Utah
DecidedMay 22, 2020
Docket2:18-cv-00294
StatusUnknown

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

Bluebook
Sandoval v. Saul, (D. Utah 2020).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

MICHAEL SANDOVAL, MEMORANDUM DECISION AND ORDER SUSTAINING DEFENDANT’S Plaintiff, OBJECTION AND UPHOLDING ALJ’S DISABILITY v. DETERMINATION

ANDREW SAUL, Commissioner of Social Case No. 2:18-cv-294-RJS-EJF Security, Chief Judge Robert J. Shelby Defendant. Magistrate Judge Evelyn J. Furse

Plaintiff Michael Sandoval initiated this action to challenge an Administrative Law Judge’s (ALJ) determination that Sandoval is not disabled under the Social Security Act. Magistrate Judge Furse issued a Report and Recommendation (Recommendation) that the undersigned remand the case to the ALJ for further review.1 Defendant, the Commissioner of Social Security (the Commissioner), timely objected to the Recommendation, arguing remand is inappropriate and that the ALJ’s decision should be affirmed.2 For the reasons explained below, the court SUSTAINS the Commissioner’s objection and upholds the ALJ’s disability determination. BACKGROUND I. Claimant Sandoval

On January 23, 2015, Sandoval filed for disability benefits, alleging a disability onset date of July 31, 2002.3 Sandoval was 52 years old when he applied for disability, with a high

1 Dkt. 24. 2 Dkt. 25. 3 Dkt. 10, Administrative Record (A.R.) at 15. school level education.4 Sandoval alleged disability based on numerous physical and mental ailments, including degenerative disc disease, radiculopathy, panic attacks, generalized anxiety disorder, shoulder problems, wrist problems, double inguinal hernia, and skin issues.5 II. Proceedings Prior to This Court’s Review

A. Social Security Appeal Process

The Social Security Administration initially denied Sandoval’s disability claim on July 15, 2015, and again, upon reconsideration, on September 9, 2015.6 Sandoval requested a hearing before an ALJ, which was held on July 18, 2017.7 Following the hearing, the ALJ issued a decision finding that Sandoval is not disabled.8 The ALJ’s decision followed the Social Security Administration’s five-step sequential evaluation process for determining whether a claimant is disabled.9 At step one, the ALJ determined Sandoval had not engaged in substantial gainful activity since he applied for disability.10 At step two, the ALJ found that Sandoval suffered from several severe, medically determinable impairments, including mild degenerative changes in the right AC joint, degenerative changes in the lumbar spine, post-traumatic stress disorder, and panic disorder.11

4 Id. at 25. 5 Id. at 182. 6 Id. at 15. 7 Id. 8 Id. at 12–26. 9 See Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007) (outlining the five-step disability evaluation). 10 A.R. at 17. 11 Id. At step three, the ALJ considered whether Sandoval’s mental impairments met what are known as the “paragraph B criteria.”12 This required the ALJ to determine what, if any, mental impairments Sandoval suffered in four categories: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; or (4) adapting or managing himself.13 These four broad functional areas are rated on a five-point

scale: none, mild, moderate, marked, and extreme.14 The ALJ found that Sandoval had only moderate impairments in the first three categories and a mild impairment in the fourth category.15 Accordingly, the ALJ concluded Sandoval’s impairments were not severe enough to meet or medically equal the criteria of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1.16 Before turning to step four, the ALJ assessed Sandoval’s residual functional capacity (RFC): I find that the claimant has the residual functional capacity to perform light work . . . except he is able to lift and/or carry 10 pounds up to 2/3 of an 8-hour workday and 20 pounds up to 1/3 of [an] 8-hour workday; stand and/or walk for 6 hours; sit for 6 hours; he is unable to climb ladders, ropes, or scaffolds, but can perform all other postural activities up to 1/3 of [an] 8-hour workday; he should avoid concentrated exposure to hazards; mentally, he is able to perform[] simple, unskilled work in a low stress work environment, which is low production work that requires contact with coworkers or the public no more than 1/3 of [an] 8-hour workday.17

12 Id. at 19–20; see also Dkt. 25 at 2 (“Because the mental impairment listings describe these broad functional areas in the ‘B’ paragraph of each listing, the functional areas are commonly referred to as the ‘B criteria’ or ‘paragraph B criteria.’”). 13 A.R. at 19. 14 20 C.F.R. pt. 404, subpt. P § 404.1520a(c)(4). 15 A.R. at 19–20. 16 Id. at 19. 17 Id. at 20. The ALJ formulated Sandoval’s RFC after considering all the medical records, evidence, and opinions in the record. Specifically, the ALJ gave great weight to the state agency medical consultant opinions that were provided both at the initial and reconsideration levels.18 The ALJ also considered physical examinations in the record, including a physical consultative

examination Dr. Richard Ingebretsen conducted.19 Dr. Ingebretsen noted that Sandoval exhibited signs of “symptom magnification,” which made it difficult for Dr. Ingebretsen to assess Sandoval’s pain.20 Dr. Ingebretsen also doubted Sandoval’s claim that he could not lift more than five pounds considering Sandoval’s well-developed shoulder, chest, and arm muscles.21 The ALJ also considered a Functional Capacity Evaluation conducted by Mark Anderson, a physical therapist.22 Anderson’s evaluation concluded that Sandoval was limited to a sedentary level in lifting and was limited in pushing and pulling.23 The ALJ gave Anderson’s opinion little weight, however, because it was inconsistent with Dr. Ingebretsen’s physical examination.24 At step four, the ALJ found that Sandoval had no relevant past work.25

Finally, at step five, after considering Sandoval’s age, education, work experience, RFC, and testimony from a vocational expert, the ALJ concluded Sandoval “is capable of making a

18 Id. at 23. 19 Id. at 22. 20 Id. (“He had no pain to his back when he pressed on it while listening to his heart, but pain to very light touch when Dr. Ingebretsen pressed there later. In addition, he had a negative straight leg test when distracted, but positive when testing for pain. He had over reaction to stimulus and he had break way motion when testing his legs for strength. He had 5/5 on the Waddell’s test . . . .”). 21 See id. 22 Id. at 24. 23 Id. 24 Id. 25 Id. successful adjustment to other work that exists in significant numbers in the national economy.”26 For those reasons, the ALJ determined Sandoval is not disabled.27 On December 6, 2017, Sandoval appealed the ALJ’s decision to the Social Security Administration’s Appeals Council.28 The Appeals Council denied Sandoval’s request to review the ALJ’s decision.29 That denial rendered the ALJ’s decision the Commissioner’s final

administrative decision for purposes of judicial review.30 B. Federal Court Review

Sandoval filed this action challenging the Commissioner’s disability determination on April 13, 2018.31 The matter was referred to Judge Furse,32 who issued a Recommendation on September 14, 2019.33 Specifically, the Recommendation concluded: (1) the ALJ did not err in his consideration of Anderson’s opinion but that (2) the case should nonetheless be remanded to the ALJ because he failed to explain adequately how Sandoval’s RFC accounts for Sandoval’s moderate mental limitations.

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Bluebook (online)
Sandoval v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandoval-v-saul-utd-2020.