Stanhope v. Commissioner of Social Security Administration

District Court, D. Arizona·Decided September 6, 2019·No. 2:18-cv-04884·Unknown

Opinion

WO

Stephanie Ann Stanhope, No. CV-18-4884-PHX-DMF

Plaintiff,

v. ORDER

Commissioner of Social Security Administration, Defendant. Plaintiff Stephanie Ann Stanhope (“Claimant”) appeals the Commissioner of Social Security Administration’s decision to adopt the Administrative Law Judge’s (ALJ’s) ruling denying her applications for Disability Insurance Benefits under Title II of the Social Security Act and for Supplement Security Income under Title XVI of the Social Security Act. (Doc. 1, Doc. 15-3 at 20)1 Claimant argues that ALJ Ted W. Armbruster erred by: (1) assigning little weight to the opinions of John Porter, M.D., within a Physical Residual Functional Capacity Questionnaire dated May 2018; and (2) improperly rejecting Claimant’s testimony regarding her pain, symptoms, and level of limitation. (Doc. 18 at 4-16) This Court has jurisdiction pursuant to 42 U.S.C. § 405(g) and with the parties’ consent to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). For the reasons set forth below, the Court will affirm the Commissioner’s decision.

1 Citation to the record indicates documents as displayed in the official Court electronic document filing system maintained by the District of Arizona under Case No. CV-18- 04884-PHX-DMF. A. Application and Social Security Administration review Claimant was 51 when she filed her applications for disability insurance benefits and supplemental security income on April 10, 2015, alleging a disability onset date of March 3, 2014. (Doc. 15-6 at 2-3, 9; Doc. 15-3 at 17) The state agency initially determined Claimant was not disabled in September 2015 (Doc. 15-4 at 2-12, 13-21), and again on reconsideration in March 2016 (Id. at 24-34, 35-45). After conducting a hearing on Claimant’s applications on May 3, 2018 (Doc. 15-3 at 83-143), the ALJ filed a notice of an unfavorable decision on July19, 2018. (Id. at 14-29) Claimant then filed an appeal with the Appeals Council, which was denied by notice dated October 22, 2018. (Id. at 2-5) At that point, the Commissioner’s decision became final. Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157, 1162 (9th Cir. 2012). B. Relevant medical treatment and imaging 1. Maricopa Integrated Health Systems Claimant reported thoracic spine pain on May 31, 2014. (Doc. 15-8 at 5-14) X- rays indicated an unremarkable thoracic spine. (Id.) Her blood oxygenation (“SpO2”) was measured at 99%.2 (Id. at 7) On July 3, 2014, Claimant was seen for shortness of breath. (Id. at 17-25) Her physical examination documented normal range of motion, a normal psychiatric assessment, and SpO2 reading of 96%. (Id. at 20) In November 2014, Claimant complained of musculoskeletal pain and it was noted she took Tylenol and Ultram for it. (Id. at 27) Although she displayed diffuse mild wheezes and scattered rhonchi, her SpO2 was measured at 98%. (Id. at 28) In February 2017, Claimant complained of chest congestion and cough with shortness of breath. (Doc. 15-11 at 7) Her SpO2 reading was 95%. (Id. at 7) Claimant exhibited normal range of motion and normal mood and affect. (Id. at 8) In March 2017, it was reported that her cough had been treated with antibiotics with good results, but that

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