Spatola v. O'Malley

CourtDistrict Court, E.D. Missouri
DecidedAugust 29, 2024
Docket4:23-cv-00576
StatusUnknown

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

Bluebook
Spatola v. O'Malley, (E.D. Mo. 2024).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

KATHY SPATOLA, ) ) Plaintiff, ) ) v. ) Case No. 4:23-CV-576-JSD ) MARTIN O’MALLEY, ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant.1 ) )

MEMORANDUM AND ORDER This is an action under 42 U.S.C. § 405(g) for judicial review of the Commissioner of Social Security’s final decision denying the application of Kathy Spatola (“Spatola”) for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401, et seq. For the reasons stated herein, the Court affirms the Social Security Administration’s denial of Spatola’s claim for DIB. I. Background On November 4, 2020, Spatola applied for DIB, alleging a disability beginning October 25, 2020, due to colitis. (Tr. 17, 134-35, 150-54) The agency initially denied her claims, and on reconsideration she appealed to an Administrative Law Judge (“ALJ”). (Tr. 74-102). On February 3, 2022, Spatola received a telephone hearing before an ALJ. (Tr. 31-60) On March 25, 2022, the ALJ entered a decision adverse to Spatola, finding she was not entitled to DIB. (Tr. 14-30) The ALJ found Spatola had the medically determinable impairments of lymphocytic colitis, anxiety, and insomnia. (Tr. 20) At the second step of the sequential

1 Martin O’Malley is now the Commissioner of Social Security. He is automatically substituted as the defendant in this action pursuant to Fed. R. Civ. P. 25(d). evaluation process, the ALJ found that Spatola did not have a severe impairment or combination of impairments that significantly limits her ability to perform basic work activities under 20 C.F.R. §§ 404.1521, et seq. (Tr. 20-24) Likewise, the ALJ found that Spatola had not been under a disability, as defined in 20 C.F.R. § 404.1520(c), from October 25, 2020, through the date of

the decision. (Tr. 25-26) On February 15, 2023, the Appeals Council denied Spatola’s request for a review. (Tr. 1- 6) The decision of the ALJ thus stands as the final decision of the Commissioner. See Sims v. Apfel, 530 U.S. 103, 107 (2000). Spatola filed this appeal on May 2, 2023. (ECF No. 1) On June 12, 2023, Spatola filed a Brief in Support of Plaintiff’s Complaint. (ECF No. 17) The Commissioner filed a Brief in Support of the Commissioner’s Decision on January 22, 2024. (ECF No. 18) As to Spatola’s testimony, work history, and medical records, the Court accepts the facts as provided by the parties. II. Legal Standard

The Social Security Act defines as disabled a person who is unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). The impairment must be “of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.” 42 U.S.C. §§ 423(d)(2)(A); 1382c(a)(3)(B). The Social Security Administration (“SSA”) uses a five-step analysis to determine whether a claimant seeking disability benefits is in fact disabled. 20 C.F.R. § 404.1520(a)(1).

First, the claimant must not be engaged in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). Second, the claimant must establish that he or she has an impairment or combination of impairments that significantly limits his or her ability to perform basic work activities and meets the durational requirements of the Act. 20 C.F.R. § 404.1520(a)(4)(ii). Third, the claimant must establish that his or her impairment meets or equals an impairment listed in the appendix of the applicable regulations. 20 C.F.R. § 404.1520(a)(4)(iii). If the claimant's impairments do not meet or equal a listed impairment, the SSA determines the claimant's RFC to perform past relevant work. 20 C.F.R. § 404.1520(e). Fourth, the claimant must establish that the impairment prevents him or her from doing past relevant work. 20 C.F.R. § 404.1520(a)(4)(iv). If the claimant meets this burden, the

analysis proceeds to step five. At step five, the burden shifts to the Commissioner to establish the claimant maintains the RFC to perform a significant number of jobs in the national economy. Singh v. Apfel, 222 F.3d 448, 451 (8th Cir. 2000). If the claimant satisfied all of the criteria under the five-step evaluation, the ALJ will find the claimant to be disabled. 20 C.F.R. § 404.1520(a)(4)(v). III. Discussion In the opinion, the ALJ found that Spatola did not engage in substantial gainful activity after her alleged onset date of October 25, 2020. The ALJ determined that Spatola had the medically determinable impairments of lymphocytic colitis, anxiety, and insomnia. The ALJ completed only two steps of the five-step analysis, finding that Spatola did not have a severe physical or mental impairment and, therefore, was not disabled. (Tr. 19-26) Spatola’s arguments in support of remand is three-fold. First, she argues that the ALJ’s RFC finding was not supported by substantial evidence, even though the ALJ never made an

RFC determination since the case was decided at the second step. Next, Spatola contends that the ALJ did not properly consider “opinion evidence.” Finally, Spatola claims that the ALJ failed to make a proper pain evaluation. As discussed herein, these arguments fail upon review and the Court affirms the ALJ’s decision as supported by substantial evidence. A. ALJ’s Decision is Supported by Substantial Evidence

Spatola argues that the ALJ’s decision did not “adequately explain how the evidence supports the fact that plaintiff’s colitis does not cause more than a minimal effect on her ability to work.” (ECF No. 17 at 4) Spatola claims that the ALJ’s opinion presents “random citation[s] of evidence without explaining how it impacted the conclusion.” Id. The Court finds that the ALJ’s opinion that Spatola’s colitis has only a minimal effect on her ability to work is supported by substantial evidence. “The key issue is whether the Commissioner's decision is supported by substantial evidence in the record as a whole.” Cox v.

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Spatola v. O'Malley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spatola-v-omalley-moed-2024.