SAXON v. COMMISSIONER OF SOCIAL SECURITY

CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 5, 2024
Docket2:21-cv-01988
StatusUnknown

This text of SAXON v. COMMISSIONER OF SOCIAL SECURITY (SAXON v. COMMISSIONER OF SOCIAL SECURITY) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SAXON v. COMMISSIONER OF SOCIAL SECURITY, (E.D. Pa. 2024).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _________________________________________ : CYNTHIA D. SAXON, : CIVIL ACTION Plaintiff, : v. : : COMMISSIONER OF SOCIAL SECURITY, : No. 21-01988 Defendant. : _________________________________________ :

MEMORANDUM OPINION PAMELA A. CARLOS U.S. MAGISTRATE JUDGE January 5, 2024

Plaintiff Cynthia D. Saxon (“Plaintiff” or “Ms. Saxon”) appeals the Commissioner of Social Security’s final decision to deny her claim for benefits. She contends that the Administrative Law Judge’s (“ALJ”) residual functional capacity (“RFC”) determination is not supported by substantial evidence because she failed to properly evaluate the opinions of (1) treating psychiatrist, Dr. Annemarie Wolf-Schatz (“Dr. Wolf-Schatz”) and (2) consultative examiner, Dr. Sari Fleischman, PhD (“Dr. Fleischman”). The Commissioner disagrees, arguing that the ALJ’s analysis was appropriate under the governing regulations. Specifically, the Commissioner contends that the ALJ’s opinion cited to the record, as well as Dr. Wolf-Schatz’s own treatment notes, in finding her opinion to be unpersuasive. Moreover, the Commissioner claims that because Dr. Fleischman’s opinion was issued several years before Plaintiff’s application date it is not relevant to the ALJ’s ultimate determination. I disagree. Accordingly, for the reasons that follow, I will grant Ms. Saxon’s request for review and remand this matter to the Commissioner for further proceedings in accordance with this opinion. I. BACKGROUND A. Factual and Procedural History. Ms. Saxon was born on April 1, 1969. R.91, 217. She did not graduate high school but reported that she previously worked as a cashier at both a fast-food establishment and a retail store, and also as a collections agent. R.232-235. She has not worked since applying for Title XVI

Supplemental Security Income (“SSI”) on June 10, 2019. R.21, 39. In her application, Ms. Saxon alleged that she became unable to work because of a disabling condition on February 2, 2019 and that she remains disabled. R.210. Specifically, she alleged that she is unable to work due to depression, anxiety disorder, high blood pressure, and sleep problems. R.244. Her claims were initially denied on September 3, 2019, see R.130-34, and again upon reconsideration on November 21, 2019, see R.139-42. Ms. Saxon then requested a hearing before an ALJ, see R.143, and a telephone hearing was held on April 30, 2020, see R.33- 75 (“hearing transcript”). After this hearing, the ALJ issued a written decision on May 15, 2020 denying Ms. Saxon’s claim. R.16-31 (“ALJ Decision”). The Appeals Council denied Ms. Saxon’s

subsequent request for review, meaning the ALJ’s written opinion became the final decision of the Commissioner. See R.1-3. Ms. Saxon now timely appeals.1 B. ALJ’s Decision. The ALJ evaluated Ms. Saxon’s claims using the five-step sequential analysis set forth in the Social Security regulations.2 Beginning at step one, the ALJ determined that Ms. Saxon did not engage in substantial gainful activity. R.21.

1 The parties have consented to the jurisdiction of a United States Magistrate Judge to conduct all proceedings, including the entry of a final judgment, pursuant to 28 U.S.C § 636(c). See ECF Doc. Nos. 4, 9, 18 2 The sequential analysis requires the ALJ to evaluate (1) whether claimant’s work, if any, qualifies as “substantial gainful activity”; (2) whether the claimant’s medically determinable impairments are severe; (3) whether any of the claimant’s impairments “meet or equal the requirements for impairments listed in the regulations”; (4) whether the claimant is able to perform “past relevant work” considering her residual functional capacity; and (5) At step two, the ALJ found that Ms. Saxon suffered from the following severe impairments: depression and anxiety. R.21 (citing 20 CFR 416.920(c)). The ALJ further found that Ms. Saxon had several other medically determinable events, noting that she has been “medically managed for hypertension,” and that she was “involved [in] a motor vehicle accident in July 2018.” R.21. However, the ALJ found that there was no evidence of any complications secondary to

hypertension and no medication side effects, and that there was no evidence of fracture, dislocation, or destructive osseous pathology following her accident. R.21. The ALJ also found that although Ms. Saxon was diagnosed with insomnia, her records indicated that she “has only intermittent problems sleeping at night,” and that her medications have been effective in helping her sleep. R.22. Finally, the ALJ noted that Ms. Saxon raised alleged problems with her hip joints at the hearing, but concluded there was “no objective diagnostic evidence to support the existence of any medically determinable hip impairment.” R.22. Moving on to step three, the ALJ concluded that none of Ms. Saxon’s severe impairments alone, or in combination, met or medically equaled the requirements of the impairments listed in

the regulations. R.22-23. Specifically, the ALJ compared Ms. Saxon’s impairments to listings 12.04 (depressive, bipolar and related disorders) and 12.06 (anxiety and obsessive-compulsive disorders). R.22-23. Before reaching step four, the ALJ considered Ms. Saxon’s RFC.3 After reviewing the objective medical evidence and the subjective opinions in the record, the ALJ determined that Ms.

whether the claimant can adjust to other work considering her residual functional capacity, age, education, and work experience. Hess v. Comm’r of Soc. Sec., 931 F.3d 198, 201-202 (3d Cir. 2019) (citing 20 C.F.R. § 416.920(a)(4)(i)- (v)). The claimant has the burden of proof at steps one through four, and then at step five, the burden shifts to the Commissioner of Social Security. Id. at 201. 3 Residual functional capacity, or RFC, is defined as “the most [a claimant] can still do despite [her] limitations.” 20 C.F.R. § 416.945(a)(1). Saxon “has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b)4 except the claimant can perform all postural activities on a frequent basis, [and] can only occasionally climb ladders.” R.24. The ALJ further found: [Ms. Saxon] should avoid unprotected heights and hazards. [Ms. Saxon] has no manipulative limitations and is able to push and pull with her bilateral upper extremities and operate foot controls bilaterally with her bilateral lower extremities. [Ms. Saxon] can perform detailed uninvolved SVP 1 or SVP 2 work in a stable environment. She requires a low stress work environment with no strict production or pace requirements with few changes in a routine work setting. [Ms. Saxon] has good judgement and good insight. She requires less than occasional interaction with [the] public. R.24. At step four, the ALJ found that given Ms. Saxon’s RFC, she could not perform any past relevant work. R.26-27. The ALJ then proceeded to step five and identified multiple jobs in the national economy that Ms. Saxon could perform, including housekeeper/cleaner and office helper. (R.27-28). As such, the ALJ concluded that Ms. Saxon was not disabled as defined by the Social Security Act. R.28 II. STANDARD OF REVIEW Judicial review of a social security disability determination is “limited.” Rutherford v.

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Bluebook (online)
SAXON v. COMMISSIONER OF SOCIAL SECURITY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saxon-v-commissioner-of-social-security-paed-2024.