Sorrell v. Commissioner of Social Security

656 F. App'x 162
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 11, 2016
Docket15-4213
StatusUnpublished
Cited by21 cases

This text of 656 F. App'x 162 (Sorrell v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sorrell v. Commissioner of Social Security, 656 F. App'x 162 (6th Cir. 2016).

Opinion

DAMON J. KEITH, Circuit Judge.

Appellant Jayne Sorrell (“Sorrell”) appeals the district court’s affirmance of a final decision of the Commissioner of Social Security (“Commissioner”). The Commissioner denied Sorrell’s applications for disability insurance benefits and supplemental security income. Sorrell sought judicial review of the decision, asserting that the Administrative Law Judge ■ (“ALJ”) erred in concluding that Sorrell is not disabled. A magistrate judge, concluding that the ALJ did not err, recommended that the Commissioner’s decision be affirmed. Over Sorrell’s objections, the distinct judge adopted the magistrate judge’s recommendation. Sorrell now appeals. Because there is substantial evidence in the record to support the ALJ’s decision, we AFFIRM.

I. BACKGROUND

A. Sorrell Applies for Disability Insurance Benefits

Sorrell was born in 1959. She has two years of online college education. Her past relevant work experience includes jobs as an assistant manager, retail cashier, circuit board assembler, data entry clerk, front desk clerk, cashier II, and an unspecified position in dining services. Sorrell has been diagnosed with various illnesses, including degenerative disc disease of the spine, edema (swelling) of the lower extremities secondary to a mass on the kidney, hypertension, and obesity.

Between 2009 and 2011, Sorrell made several trips to the Emergency Room and to outpatient clinics complaining of various ailments, such as hip pain, back pain, leg pain, and swelling in the legs.

On November 29, 2010, Sorrell applied for disability insurance benefits and supplemental security income. Sorrell alleged that her disability, stemming from both physical and psychological conditions, began on May 1,2010.

B. The Commissioner’s Denial

Sorrell’s claims were denied initially on April 6, 2011, and upon reconsideration on September 7, 2011. Thereafter, Sorrell filed a written request for a hearing. The hearing was held on October 11, 2012 via video conferencing, with the ALJ in Chicago, Illinois and Sorrell in Dayton, Ohio. At the start of the video conference, Sorrell’s attorney requested that the date of the onset of the alleged disability be changed *165 from May 1, 2010 to September 25, 2010 because Sorrell had continued working until September 25, 2010. The ALJ permitted this amendment. At the hearing, Sorrell and a vocational expert, Brian Wilmer, testified. 1

1. Sorrell’s Hearing Testimony

Sorrell testified that she stopped working on September 24, 2010 because she “couldn’t stand.” She believed it was due to “disc problems” and “a pinched nerve.” She also testified that she has “been having severe bouts of swelling” in her legs. She stated that her doctors advised her to elevate her legs above heart level to alleviate the swelling. When asked how often she is supposed to elevate her legs, Sorrell testified that she is supposed to do it “anytime they swell.” She testified that she finds herself elevating them “often.” However, she stated that there are “periods of time where maybe a week might go by that [she does not] have swelling, but then it reoccurs.” She testified that edema medication “seems to be helping.” She testified that she does not have any problems with the use of her hands or arms.

With respect to daily activities, Sorrell testified that she is trying to learn some things on the computer, but that she tends to fall asleep while reading. She “tr[ies] to clean,” but she has to take “a lot of breaks” while washing dishes if she has “a lot of dishes.” She asserted that she “might be able to stand a half an hour at most, without [her] pain” getting to an “extreme point.” Sorrell also testified that she has to use a walker if she has to walk very far, such as more than “a couple” of blocks, or has to stand very long. She stated that she takes her walker to her medical appointments when she has to walk far from the parking lot to the building. When questioned as to where she puts the walker on those occasions, she responded that she leaves it in the car. When pressed further on the point, she stated that she is able to park close enough such that she does not need the walker. Sorrell drives, shops at least once a week, cooks, does laundry, uses a checkbook and pays bills, vacuums, sweeps, cleans the toilet, and dusts. She takes “a lot of breaks” while sweeping because being on her feet and “the motion of sweeping causes pain.”

Sorrell previously abused alcohol and marijuana. She began attending Alcoholics Anonymous (“AA”) meetings in 2006, and she still attends as often as she can. In July 2010 she started volunteering at an AA coffee shop, and continued to volunteer there until it closed in August 2011. At the shop she made coffee and made sure the door was open. She would volunteer there “at least three days a week.”

With respect to her current pain, she testified that while she takes three different kinds of pain medications, she does not think about the pain when sitting down. She testified that she has pain in her back, spine, and feet. She described the pain in her back and spine as usually a “constant ... burning kind of pain.” But sometimes it is a “stabbing pain.”

2. Vocational Expert Testimony— Brian Wilmer

Wilmer testified that he has been working in the vocational field for over twenty years. The ALJ gave the vocational expert multiple hypotheticals to consider.

First, he asked Wilmer to assume Sor-rell’s limitations were as follows: “lifting *166 [up] to 20 pounds occasionally, 10 frequently, stand and sit six hours each in an eight hour work day, walking limited to two blocks at a time.... [Occasional stairs, stoop, balance, kneel, crouch, or crawl. No ladders. Just vocational exposure to hazards such as heights and moving parts.” Wilmer testified that with these limitations Sorrell could perform past work, specifically as a retail cashier, circuit board assembler, a data entry clerk, and a cashier II.

Second, the ALJ asked-Wilmer to assume Sorrell’s limitations were as follows: “lifting 10 pounds occasionally, and five frequently, standing] two hours in an eight hour work day, sit[ting] for six, and the rest stays the same as in the first hypothetical.” Wilmer testified that, with these limitations, Sorrell could perform the job of data entry clerk and circuit board assembler at a “reduced light range.” The ALJ then slightly modified this hypothetical to contain a restriction for only working four hours per day. Wilmer opined that under the four-hours-per-day restriction no past work of Sorrell’s could be done on a full-time basis. On cross-examination, Wilmer opined that, hypothetically, if Sor-rell needed to be in a reclined position so as to elevate her feet to waist level, she would not be able to do any of her past jobs “in such a position.” ■

During the examination of Wilmer, the ALJ also noted that Sorrell had a period of no earnings in the 1990s, but that after that, up until 2010, she had a “good earnings history.” Sorrell explained that in the 1990s she was married and raising a son, and her then-husband made enough money for her to stay at home.

3.

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656 F. App'x 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorrell-v-commissioner-of-social-security-ca6-2016.