Virginia Nicole Rogers v. Andrew Saul, Commissioner of Social Security

2021 DNH 058
CourtDistrict Court, D. New Hampshire
DecidedMarch 25, 2021
Docket19-cv-1014-JL
StatusPublished

This text of 2021 DNH 058 (Virginia Nicole Rogers v. Andrew Saul, Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia Nicole Rogers v. Andrew Saul, Commissioner of Social Security, 2021 DNH 058 (D.N.H. 2021).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Virginia Nicole Rogers

v. Civil No. 19-cv-1014-JL Opinion No. 2021 DNH 058 Andrew Saul, Commissioner of Social Security

ORDER ON APPEAL

Virginia Nicole Rogers has appealed the Social Security Administration’s (“SSA”)

denial of her claim for a period of disability and application for disability insurance

benefits and supplemental security income.1 Rogers initially filed her application for

benefits on April 28, 2014, alleging disability as of November 16, 2013. The

Administrative Law Judge (“ALJ”) at the SSA denied her application, concluding that

despite several severe impairments, Rogers retained the residual functional capacity

(“RFC”) to perform jobs that exist in significant numbers in the national economy and

was therefore not disabled. See 20 C.F.R. §§ 404.1505(a), 404.1566(b). Rogers did not

file exceptions to the ALJ’s decision and the Appeals Council did not review the decision

on its own, which resulted in it becoming the final decision on her application, see id.

§ 404.984(c)-(d).

1 For purposes of this order, the court will cite only the regulations applicable to DIB claims, as the analogous regulations applicable to SSI claims contain the same requirements in all relevant respects. See 20 C.F.R. § 416.901, et seq.; Smith v. Berryhill, 139 S. Ct. 1765, 1772 (2019) (“The regulations that govern the two programs are, for today’s purposes, equivalent.”). Rogers now appeals the Commissioner’s decision to this court – which has

jurisdiction under 42 U.S.C. § 405(g) (Social Security) – and has moved to reverse the

decision. See LR 9.1(c). Rogers argues that the ALJ’s RFC assessment cannot stand

because in making that assessment, he omitted or improperly evaluated medical opinions

in the record. The Commissioner disagrees and has cross-moved to affirm his decision.

See LR 9.1(d). After careful consideration of the parties’ submissions and the

administrative record, the court grants Rogers’s motion, denies the Commissioner’s

motion, and remands the case for further proceedings.

Applicable legal standard

In this proceeding, the court is authorized to review the pleadings submitted by the

parties and the administrative record and enter a judgment affirming, modifying, or

reversing the “final decision” of the Commissioner. See 42 U.S.C. § 405(g). The court

limits its review “to determining whether the ALJ used the proper legal standards and

found facts [based] upon the proper quantum of evidence.” Ward v. Comm’r of Soc.

Sec., 211 F.3d 652, 655 (1st Cir. 2000). It “review[s] questions of law de novo, but

defer[s] to the Commissioner’s findings of fact, so long as they are supported by

substantial evidence,” id., that is, “such evidence as a reasonable mind might accept as

adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971)

(quotations omitted).

If the Commissioner’s factual findings are supported by substantial evidence, they

are conclusive, even where the record “arguably could support a different conclusion.”

2 Irlanda Ortiz v. Sec’y of Health & Human Servs., 955 F.2d 765, 770 (1st Cir. 1991) (per

curiam). The Commissioner’s findings are not conclusive, however, “when derived by

ignoring evidence, misapplying the law, or judging matters entrusted to experts.”

Nguyen v. Chater, 172 F.3d 31, 35 (1st Cir. 1999) (per curiam). “Issues of credibility and

the drawing of permissible inference from evidentiary facts are the prime responsibility

of the Commissioner, and the resolution of conflicts in the evidence and the

determination of the ultimate question of disability is for [him], not for the doctors or for

the courts.” Purdy v. Berryhill, 887 F.3d 7, 13 (1st Cir. 2018) (internal quotation marks

and brackets omitted).

Background2

Rogers applied for DIB and SSI in April 2014, alleging a disability onset date of

November 16, 2013, when she was 34 years old. She alleged she was disabled due to

paralyzing anxiety, an injured sacroiliac joint, bipolar disorder, suicidal ideation, memory

problems, and back and neck injuries. After Rogers’s claim was denied at the initial level

in August 2014, she requested a hearing before an ALJ, which occurred on April 27,

2016 before an ALJ. The ALJ denied Rogers’s claim in a written decision dated May 20,

2016, which Rogers appealed to this court.

2 The court recounts here only those facts relevant to the instant appeal. Rogers recites the record facts more completely in her Statement of Material Facts (doc. no. 11), and the Commissioner has not filed his own Statement of Material Facts, so the court incorporates Rogers’s facts by reference.

3 In March 2017, per the Commissioner’s voluntary motion for remand, this court

reversed the ALJ’s 2016 decision and remanded the case for a new hearing and decision.

On remand, the Appeals Council directed the presiding ALJ to further evaluate the

opinions of three psychologists. The same ALJ presided over another hearing in March

2018 and issued another unfavorable decision. Rogers again appealed the ALJ’s decision

to this court, and per another motion for voluntary remand from the Commissioner, this

court remanded the case a second time for further proceedings and a new decision.

In October 2018, the Appeals Council remanded the case for assignment to a

different ALJ and a new hearing and decision. The different ALJ held two hearings in

February 2019 and June 2019, at which testimony was taken from Rogers, reviewing

psychologist Nicole Martinez, Ph.D., reviewing physician Darius Ghazi, M.D., and

vocational expert Albert J. Sabella. The ALJ issued an unfavorable decision in July

2019, finding that Rogers had not been disabled from her alleged disability onset date

through the date of his decision.

The ALJ assessed Rogers’s claims under the five-step sequential analysis required

by 20 C.F.R. § 404.1520. At step one, he found that Rogers had not engaged in

substantial gainful activity since November 16, 2013, her alleged disability onset date.

Tr. 2611. At step two, the ALJ found that Rogers’s degenerative disc disease, obesity,

depression, and anxiety/panic disorder qualified as severe impairments. Tr. 2611. The

ALJ also found that her restless leg syndrome, urinary incontinence, memory loss,

obstructive sleep apnea, asthma, and tachycardia were not severe impairments because by

themselves, they caused minimal symptoms. Tr. 2611-12. At step three, the ALJ

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Ward v. Commissioner of Social Security
211 F.3d 652 (First Circuit, 2000)
Beth v. Astrue
494 F. Supp. 2d 979 (E.D. Wisconsin, 2007)
Dube v. Astrue
781 F. Supp. 2d 27 (D. New Hampshire, 2011)
Olivia Kneeland v. Nancy Berryhill, Acting Cmsnr
850 F.3d 749 (Fifth Circuit, 2017)
Purdy v. Berryhill
887 F.3d 7 (First Circuit, 2018)
Smith v. Berryhill
587 U.S. 471 (Supreme Court, 2019)
Perry v. Colvin
91 F. Supp. 3d 139 (D. Massachusetts, 2015)
Omaha Public Power Dist. v. O'Malley
114 F. Supp. 3 (D. Nebraska, 1953)
Nguyen v. Callahan
997 F. Supp. 179 (D. Massachusetts, 1998)

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