Thompson v. Kijakazi

CourtDistrict Court, W.D. Missouri
DecidedJune 20, 2023
Docket3:22-cv-05078
StatusUnknown

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

Bluebook
Thompson v. Kijakazi, (W.D. Mo. 2023).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION

AMBER THOMPSON ) (o.b.o. L.R.D.), ) ) Plaintiff, ) ) vs. ) Case No. 3:22-cv-5078-NKL ) KILOLO KIJAKAZI; ) Acting Commissioner of Social Security, ) ) Defendant ) )

Plaintiff Amber Thompson, on behalf of her minor child L.R.D., seeks review of the denial by the Commissioner of the Social Security Administration of her application for Supplemental Security Income (“SSI”). Plaintiff1 argues reversal is required because the Commissioner improperly evaluated the limitations caused by L.R.D.’s knee impairment, leading to an erroneous conclusion that L.R.D. had a “less than marked” limitation to her ability to move about and manipulate objects. For the reasons discussed in more detail below, the Commissioner’s decision is AFFIRMED. I. BACKGROUND A. The ALJ’s Decision As relevant to this appeal, L.R.D. has chronic pain in her right knee caused by osteochondritis dissecans. Plaintiff claims that, as a result, L.R.D. became disabled on June 26,

1 The Court will refer to Ms. Thompson as “Plaintiff” in this Order. 2017.2 Because L.R.D. is a minor, the Commissioner uses a three-step sequential evaluation process, rather than the traditional process used for adults. 20 C.F.R. § 416.924(a). At the first step, the Commissioner must determine whether the child has engaged in substantial gainful activity. See 20 C.F.R. § 416.924(b). If so, the child is not disabled; if not, the evaluation continues. The second step asks whether the child has an impairment, or combination of

impairments, that is “severe.” 20 C.F.R. § 416.924(c). If not, disability is denied; if so, the Commissioner moves to the third step. At step three, the Commissioner determines whether the child has any impairment that meets, medically equals, or functionally equals a listed impairment. 20 C.F.R. § 416.924(d). Functional equivalence is unique to the childhood SSI analysis; it is not part of the adult sequential evaluation, which instead includes the “residual functional capacity” finding and consequent determination of a claimant’s ability to work. To determine whether an impairment is “functionally equivalent” to a disability listing, the Commissioner considers six “domains” of functioning. The Commissioner must find that a claimant has a “marked” limitation in two of the six domains of functioning, or an extreme

limitation in one, to find functional equivalence. A marked limitation is one that “interferes seriously with [a child’s] ability to independently initiate, sustain, or complete activities.” 20 C.F.R. § 416.926a(e)(2)(i). Here, the ALJ found that L.R.D. had only one marked limitation. Plaintiff argues that the ALJ should have found L.R.D. had a second, in the “moving about and manipulating objects” domain. See Doc. 10, at 6–17.3

2 The alleged onset date was subsequently amended to December 23, 2019. Tr. 55. 3 The moving about and manipulating objects domain requires the Commissioner to “consider how [a claimant] moves [her] body from one place to another and how [she] move[s] and manipulate[s] things.” 20 C.F.R. § 416.926a(j). It includes evaluating a claimant’s ability to “[s]everal different kinds of actions,” including rising from a sitting to a standing position, balancing, bending, In concluding that L.R.D. had a less than marked limitation in the moving about and manipulating objects domain, the ALJ agreed that L.R.D.’s knee pain could reasonably be expected to stem from her osteochondritis dissecans but discounted the degree to which L.R.D.’s knee pain limited her ability to move. Tr. 30. Specifically, the ALJ pointed to the fact that L.R.D.’s teachers reported that she had no limitation in her ability to move and noted that she shows normal

gross motor skills. The ALJ also pointed to various medical providers’ noting “essentially normal” findings when examining L.R.D. Tr. 31. The ALJ also relied on the fact that there was no evidence to support a finding that L.R.D. had a medical need for a wheelchair or other assistive device, and that medical records indicated that L.R.D.’s knee condition was improving with physical therapy. That said, as the ALJ noted, the pain would return when L.R.D. used her knee—including when she walked. Tr. 31 B. Medical Records On May 13, 2019, L.R.D. reported bilateral knee pain to her doctors. She had mild tenderness over the patella, and her doctors ordered an x-ray. The x-ray of L.R.D.’s right knee performed shortly thereafter showed osteochondritis dissecans. As a result, L.R.D. was prescribed

physical therapy; L.R.D. attended 19 physical therapy sessions between July 2019 and October 2019. She was once again referred to physical therapy in March 2020; however, due to the COVID-19 pandemic, sessions could not resume until July 22, 2020. L.R.D.’s knee pain continued, despite improvement with physical therapy. She told her doctors that her knee pain was worse when she exerted herself. Tr. 466. As a result, one doctor told L.R.D. “not to stress the right knee by extensive exertion.” Tr. 466. Several doctors noted

kneeling, crouching, walking, crawling, running, or negotiating terrain such as curbs, steps, or hills. 20 C.F.R. § 416.926a(j)(1)(i) some tenderness and discomfort in the right knee when L.R.D. put weight on it. Others noted no or only minimal pain or discomfort in L.R.D.’s knee. In April 2021, when L.R.D. again complained of knee pain, her doctor recommended “a course of nonweightbearing to see” if L.R.D.’s osteochondritis dissecans would heal on its own. Tr. 753. While keeping weight off her knee did alleviate her pain, and L.R.D. was anxious to get rid of her crutches, when she began

putting weight on her knee again, the pain returned. Tr. 749; Tr. 747–48. L.R.D. was once again placed on crutches while doctors performed an MRI to determine whether surgery was necessary. Tr. 748. Plaintiff testified that L.R.D. was nonweightbearing full time starting in April 2021, and she relied on crutches or a wheelchair to get around. Tr. 59–61. In August 2021, L.R.D. underwent surgery. The same day, L.R.D.’s doctors completed paperwork to permit L.R.D. to obtain a handicap placard, valid for only 90 days. Tr. 322. One of L.R.D.’s doctors certified that she could not walk 50 feet without stopping to rest because of her knee condition because of a disabling condition. Following her surgery, L.R.D. returned to physical therapy on August 10, 2021, where she reported pain, weakness, decreased range of

motion, impaired mobility, impaired ambulation, impaired balance/proprioception, and impaired core stabilization and postural control. Tr. 1009. That said, she rated her pain when she presented as a 0 out of 10, but noted that it could be as bad as an 8 out of 10. Tr. 1007–08. II. STANDARD The Court must affirm the Commissioner’s denial of social security benefits so long as “there was no legal error” and “the findings of fact are supported by substantial evidence on the record as a whole.” Brown v. Colvin, 825 F.3d 936, 939 (8th Cir. 2016) (internal citation omitted). “Substantial evidence is ‘less than a preponderance but . . .

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