(SS) Giron v. Commissioner of Social Security

CourtDistrict Court, E.D. California
DecidedNovember 12, 2024
Docket1:24-cv-00541
StatusUnknown

This text of (SS) Giron v. Commissioner of Social Security ((SS) Giron 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) Giron v. Commissioner of Social Security, (E.D. Cal. 2024).

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JO GIRON, Case No. 1:24-cv-00541-SKO 9 Plaintiff, ORDER ON PLAINTIFF’S SOCIAL 10 v. SECURITY COMPLAINT 11 MARTIN O’MALLEY, Commissioner of Social Security, 12 (Doc. 1) Defendant. 13 _____________________________________/ 14

15 I. INTRODUCTION 16 17 Plaintiff Jo Giron (“Plaintiff”) seeks judicial review of a final decision of the Commissioner 18 of Social Security (the “Commissioner” or “Defendant”) denying her application for Supplemental 19 Security Income (SSI) under the Social Security Act (the “Act”). (Doc. 1.) The matter is currently 20 before the Court on the parties’ briefs, which were submitted, without oral argument, to the 21 Honorable Sheila K. Oberto, United States Magistrate Judge.1 22 II. FACTUAL BACKGROUND 23 On February 6, 2022, Plaintiff protectively filed an application for SSI payments, alleging 24 she became disabled on April 1, 2018, due fibromyalgia; pernicious anemia; depression; anxiety; 25 hyperthyroidism; IBS [irritable bowel syndrome]; and food sensitivities. (Administrative Record 26 (“AR”) 17, 51, 52, 70, 71, 72, 233, 237, 273, 288.) 27 Plaintiff was born on January 8, 1987, and was 35 years old on the date the application was 28 1 filed. (AR 25, 51, 70.) She has a high school education. (AR 25, 238.) Plaintiff has no past relevant 2 work. (AR 25, 37.) 3 A. Relevant Medical Evidence2 4 In July 2018, X-rays of Plaintiff’s chest and neck were normal, showing unremarkable soft 5 tissue views of the neck and no presence of radiopaque foreign body. (AR 327–29, 343–44.) 6 Plaintiff presented for follow up of pernicious anemia, iron deficiency, and history of cervical 7 lymphadenopathy in May 2021. (AR 500–501.) On examination, Plaintiff had normal heart rate 8 and rhythm, normal pulmonary effort, no neurological deficits, no abdominal tenderness or guarding, 9 no adenopathy, no weakness, no edema, and normal gait. (AR 501.) 10 Plaintiff presented at a neurology clinic for evaluation of headache in June 2021. (AR 386– 11 87.) The provider noted that Plaintiff’s “cerebrospinal fluid was normal, glucose was normal, 12 protein was normal, no evidence of Lyme’s disease involving the central nervous system[,] MRI of 13 the cervical spine completely normal even though she has a lot of neck pain [and] low back pain, 14 [and her] neurological examination [was] normal.” (AR 386.) On examination, Plaintiff was “well 15 developed, well nourished, [and in] no acute distress.” (AR 386.) She had regular heart rate and 16 rhythm, with no murmur observed, and normal motor, sensory, cerebellar, and gait. (AR 386.) 17 Plaintiff’s mental status was normal. (AR 386.) She was noted to be “neurologically stable” on her 18 current medications, which were continued. (AR 386–87.) 19 In July 2021, Plaintiff complained of experiencing upper body soreness and full body 20 tenderness since 2016. (AR 557.) Her physical examination was normal, except for some abdominal 21 tenderness to light palpation. (AR 558–59.) She was assessed with fibromyalgia and fatty liver and 22 was advised to consult with hepatology. (AR 559.) 23 Plaintiff complained of back and leg pain with numbness and tingling in September 2021. 24 (AR 544.) On examination, Plaintiff demonstrated full range of musculoskeletal motion and no 25 edema. (AR 544.) She was assessed with neuropathic pain and directed to start Gabapentin. (AR 26 544.) In October 2021, a scan of Plaintiff’s liver showed low stage/grade fibrosis and steatosis. (AR 27

28 2 As Plaintiff’s assertion of error is limited to the ALJ’s consideration of Plaintiff’s subjective complaints, only 1 577.) 2 Plaintiff presented for a follow up appointment at the neurology clinic in November 2021, 3 where her physical examination results were normal as before. (AR 384–85.) She was also noted 4 to be “neurologically stable” on her current medications, which were continued. (AR 384.) That 5 same month, Plaintiff complained of ongoing muscle spasms and tremors with intermittent back 6 pain. (AR 540.) Plaintiff’s examination was normal, and she was observed to be well developed 7 and well nourished. (AR 540.) Her fibromyalgia was observed to be “overall managed,” and she 8 was recommended to exercise by walking for 20 to 30 minutes for at least five days per week. (AR 9 561.) 10 Plaintiff also consulted with a hepatology clinic in November 2021, where an abdominal 11 ultrasound revealed that she had fatty liver. (AR 571.) Her physical examination was normal. (AR 12 572.) The provider concluded that her mild steatosis was “not contributing to her current 13 symptoms.” (AR 572–73.) An upper GI endoscopy performed in December 2021 was largely 14 normal, with a “few gastric polyps” noted. (AR 596.) 15 In January 2022, Plaintiff complained of abdominal pain. (AR 487.) On examination, 16 Plaintiff had normal heart rate and rhythm, normal pulmonary effort, no neurological deficits, no 17 abdominal tenderness, no cervical adenopathy, and no edema. (AR 487–88.) She received a vitamin 18 B12 injection, and it was noted that her “recent labs appear stable overall.” (AR 486.) She was 19 prescribed medication for epigastric pain and recommended to go on a lactose free diet for one 20 month. (AR 606.) 21 In February 2022, Plaintiff complained of “multiple symptomatology,” including migraine, 22 blurred vision, and nausea. (AR 389, 391.) Her physical examination was normal as before, and 23 she was advised to continue Gabapentin. (AR 389, 391.) 24 A lumbar spine MRI performed in March 2022 showed “[m]ild L5-S1 disc space narrowing 25 with slight dehydration” with “[n]o lumbar disc extrusion or protrusion, canal stenosis or foraminal 26 narrowing.” (AR 413–14.) That same month, Plaintiff complained of ongoing lower back pain, and 27 numbness and tingling in her hands. (AR 474.) On examination, Plaintiff had normal heart rate and 28 rhythm, normal pulmonary effort, no neurological deficits, and no edema. (AR 474–75.) She was 1 advised to continue oral vitamin B12 supplementation and discussed a trial of vitamin B12 2 injections. (AR 473.) She was also referred to physical therapy. (AR 532.) 3 Plaintiff also consulted with a rheumatologist in March 2022. (AR 617–18.) She complained 4 of pain in her thoracic spine and arm stiffness that gets worse with activity. (AR 617.) On 5 examination, Plaintiff had a normal spine presentation except for mild tenderness to palpation in the 6 parathoracic region that is “fairly diffuse” and “not just isolated fibromyalgia tenderpoints,” clear 7 lungs, regular heart rate and rhythm, no gross sensory or deficits, and normal affect. (AR 618–19.) 8 In April 2022, Plaintiff presented for a physical examination. (AR 521–26.) She 9 demonstrated full range of cervical, thoracic, and lumbar motion, no palpable adenopathy, clear 10 lungs, regular heart rate and rhythm, normal bowel sounds, normal spine, no clubbing, cyanosis, or 11 edema, normal motor strength, and normal mental status. (AR 524–25.) 12 Plaintiff presented for a rheumatology consult in July 2022, to get a second opinion of 13 fibromyalgia. (AR 626.) She reported that if she exercises, she is “[d]own for the next three days.” 14 (AR 627.) On examination, she had clear chest sounds, regular cardiac rate and rhythm, normal 15 abdomen, good range of motion, “multiple myofascial tender points,” and her chest had “slight 16 erythema” of the skin.

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