(SS) Galvan v. Commissioner of Social Security

CourtDistrict Court, E.D. California
DecidedAugust 27, 2024
Docket1:23-cv-01415
StatusUnknown

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

Bluebook
(SS) Galvan v. Commissioner of Social Security, (E.D. Cal. 2024).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AGAPITO JOSE GALVAN, No. 1:23-cv-01415-SKO

12 Petitioner, ORDER ON PLAINTIFF’S SOCIAL SECURITY COMPLAINT 13 v. 14 MARTIN O’MALLEY, (Doc. 1) COMMISSIONER OF SOCIAL 15 SECURITY, 1

16 Defendant.

18 I. INTRODUCTION 19 Plaintiff Agapito Galvan (“Plaintiff”) seeks judicial review of a final decision of the 20 Commissioner of Social Security (the “Commissioner” or “Defendant”) denying his application 21 for disability insurance benefits (“DIB”) under Title II of the Social Security Act (the “Act”). 22 (Doc. 1). The matter is currently before the Court on the parties’ briefs, which were submitted, 23 without oral argument, to the Honorable Sheila K. Oberto, United States Magistrate Judge.2 24

26 1 On December 20, 2023, Martin O’Malley was named Commissioner of the Social Security Administration. See https://www.ssa.gov/history/commissioners.html. He is therefore substituted as the defendant in this action. See 42 27 U.S.C. § 405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding the Office of the Commissioner shall, in [their] official capacity, be the proper defendant.”). 28 2 The parties have consented to the jurisdiction of the U.S. Magistrate Judge. (See Doc. 11). 1 II. BACKGROUND 2 Plaintiff was born on January 12, 1976. (Administrative Record (“AR”) 293). Plaintiff 3 filed a claim for DIB on November 30, 2021, alleging a disability onset of date of September 22, 4 2021. (AR 207). In his application, he alleged disability based on the following: “Post- 5 Traumatic Stress Disorder (PTSD”), migraines, Obstructive Sleep Apnea, Chronic Fatigue 6 Syndrome, Lumbar spondylosis, Left Shoulder Sprain, Right Shoulder Sprain, Left hand 7 tenosynovitis, left iliopsoas tendinitis, and Left patellofemoral pain.” (AR 243). Plaintiff 8 completed two years of college and has specialized training in HVAC. (AR 244). Plaintiff 9 previously served in the U.S. Army. (AR 244). 10 A. Relevant Evidence of Record3 11 Plaintiff suffers from various ailments, including degenerative disc disease, which affect 12 his ability to walk. (AR 26). On February 22, 2022, providers issued Plaintiff a front-wheeled 13 walker for home use (AR 527), and they fitted him for a cane over the phone on March 10, 2022. 14 (AR 1028). On April 8, 2022, Plaintiff reported that he was using his father’s rollator and he used 15 a cane at home. (AR 611). The visit notes from that date indicate that healthcare providers 16 measured Plaintiff’s height and weight, and that they ordered Plaintiff a rollator to be delivered to 17 his home. (AR 611). Plaintiff was not using an assistive device at medical appointments on July 18 15, 2022, and September 28, 2022. (AR 756, 792). On September 28, 2022, Plaintiff trialed a 19 quad cane and a rollator while at the clinic. (AR 793). He was unstable on the quad cane, but he 20 felt decreased pain in his lower back and legs and increased stability with the rollator. (AR 793). 21 Encounter notes from December 12, 2022, indicate that Plaintiff was not using an assistive device 22 during his medical appointment. (AR 1091). 23 Roger Wagner, M.D., performed a consultative physical medical exam on March 5, 2022. 24 (AR 598). In his report, Dr. Wagner noted that Plaintiff was “easily able to get out of the chair in 25 the waiting room and walk at a normal speed back to the exam room without assistance.” (AR 26 597). He noted that Plaintiff “claimant was able to walk several steps on toes and heels. He had 27 3 Because the parties are familiar with the medical evidence, it is summarized here only to the extent relevant to the 28 contested issues. 1 normal station, normal gait, normal finger-nose and negative Romberg,” and that Plaintiff did not 2 use an assistive device. (AR 597-98). On June 11, 2022, Dale H. Van Kirk, M.D., performed a 3 consultative exam and reached similar conclusions. (AR 716). He noted that Plaintiff “sits 4 comfortably in the examination chair, gets up and out of the chair, walks around the examination 5 room and gets on and off the bench without difficulty. . . . I do not detect a limp.” (AR 717). Dr. 6 Van Kirk, the consultative examiner, also stated that no assistive device had been prescribed, and 7 he found one was not medically necessary. (AR 718-19). 8 State agency medical consultants reviewed Plaintiff’s records in March and July 2022, and 9 neither included any limitations in Plaintiff’s RFC related to an assistive device. (AR 92-95, 117- 10 19). L. Bobba, M.D., a State Agency medical consultant, reviewed Plaintiff’s claim in July 2022, 11 and noted that Plaintiff uses a walker and cane. (AR 112). Dr. Bobba also noted that Plaintiff 12 had been referred to physical therapy for a walker evaluation and that he used his father’s rollator. 13 (AR 112). Plaintiff testified at his February 2, 2023, hearing that he uses an assistive device 100 14 percent of the time. (AR 67). 15 B. The ALJ’s Decision 16 Plaintiff filed a claim for DIB on November 30, 2021, alleging a disability onset of date of 17 September 22, 2021. (AR 207). The Commissioner denied Plaintiff’s application initially on 18 April 5, 2022, and again upon reconsideration on August 19, 2022. (AR 102, 127). Plaintiff 19 requested a hearing before an Administrative Law Judge (an “ALJ”), and the parties attended a 20 hearing on February 2, 2023. (AR 50). Plaintiff was unrepresented. In a decision dated June 26, 21 2023, the ALJ found that Plaintiff was not disabled as defined by the Act after conducting the 22 five-step disability analysis set forth in 20 C.F.R. § 404.1520. (AR 20). 23 At step one, the ALJ found Plaintiff had not engaged in substantial gainful activity since 24 September 22, 2021 (step one). (AR 25). At step two, the ALJ found Plaintiff suffers from the 25 following severe impairments: degenerative disc disease; obesity; traumatic brain injury; Post- 26 Traumatic Stress Disorder; depression; and anxiety (20 CFR 404.1520(c)). (AR 26). Plaintiff did 27 not have an impairment or combination of impairments that met or medically equaled one of the 28 listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (“the Listings”) (step three). 1 (AR 26). 2 The ALJ then assessed Plaintiff’s residual functional capacity (RFC)4 and applied the 3 assessment at steps four and five. See 20 C.F.R. § 404.1520(a)(4) (“Before we go from step three 4 to step four, we assess your residual functional capacity . . . . We use this residual functional 5 capacity assessment at both step four and step five when we evaluate your claim at these steps.”). 6 The ALJ found Plaintiff could perform the following: 7 lift and/or carry 20 pounds occasionally and 10 pounds frequently. He could sit about 6 hours in an 8-hour workday with normal breaks. He could stand and/or 8 walk about 6 hours in an 8-hour workday with normal breaks. This capacity most closely approximates light work as defined in 20 CFR 404.1567(b) except he could 9 only occasionally climb ramps or stairs; occasionally climb ladders, ropes, or scaffolds; and occasionally balance, stoop, kneel, crouch, or crawl. He is limited to 10 following simple work instructions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shinseki, Secretary of Veterans Affairs v. Sanders
556 U.S. 396 (Supreme Court, 2009)
Molina v. Astrue
674 F.3d 1104 (Ninth Circuit, 2012)
Sims v. Apfel
530 U.S. 103 (Supreme Court, 2000)
Tommasetti v. Astrue
533 F.3d 1035 (Ninth Circuit, 2008)
Lingenfelter v. Astrue
504 F.3d 1028 (Ninth Circuit, 2007)
Robbins v. Social Security Administration
466 F.3d 880 (Ninth Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
(SS) Galvan v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ss-galvan-v-commissioner-of-social-security-caed-2024.