Wilson v. Social Security Administration

District Court, E.D. Arkansas·Decided December 2, 2020·No. 3:20-cv-00100·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION PEGGY WILSON PLAINTIFF

VS. CASE NO. 3:20CV00100 PSH

ANDREW SAUL, Commissioner, Social Security Administration DEFENDANT

ORDER

Plaintiff Peggy Wilson (“Wilson”), in her appeal of the final decision of the Commissioner of the Social Security Administration (defendant “Saul”) to deny

her claim for Disability Insurance benefits (“DIB”) and supplemental security income (“SSI”), contends the Administrative Law Judge’s (“ALJ”) determination that she could perform her past relevant work or, in the alternative, perform other

work in the economy, was not supported by substantial evidence. More specifically, Wilson argues that the ALJ erred in her consideration of a Medical Source Statement provided by her treating medical care providers. The parties

have ably summarized the medical records and the testimony given at the 1 administrative hearing conducted on January 30, 2019. (Tr. 24-50). The Court has carefully reviewed the record to determine whether there is substantial evidence in

the administrative record to support Saul’s decision. 42 U.S.C. § 405(g). The relevant period under consideration is from July 15, 2016, the date of alleged onset, through April 18, 2019, when the ALJ ruled against Wilson.

The Administrative Hearing: At the January 30, 2019, hearing Wilson was 51 years old, and reported she had a ninth grade education. Wilson lived with her husband and last worked as a

laundry worker at a nursing home. According to Wilson, her husband did the majority of the cooking and shared in the household shopping duties, while Wilson cleaned the house. Wilson estimated she left the house a “couple times a week” going to the store, the doctor, or her sister’s house. (Tr. 31). Wilson stated she

drove locally, including the fifteen minute drive to her sister’s house. On a typical day, Wilson described staying at her home doing housework. She also described down days when she did not do anything, especially since her daughter’s death in

May 2018. Her good days included outdoor yard work and chores, but even on the good days she avoided contact with others. Wilson indicated she could not perform her previous laundry work because

it “became overwhelming,” citing difficulties dealing with the families of residents 2 at the nursing home. (Tr. 32). Wilson noted troubles staying focused and completing tasks in the workplace and at home. When asked by the ALJ if she

could perform a job with no contact with the public and only one task to perform, Wilson did not rule out such a job – “I guess it would be – depends what the job was I was doing.” (Tr. 33).

In response to questioning by her attorney, Wilson stressed her trouble completing tasks. She noted that her medications, including Seroquel, help “sometimes” with her focus. (Tr. 35). She also indicated gaps in her employment

in 2016 were tied to mental problems. She also identified voices as a barrier to her employment – “voices are like controlling loud,” “the voices, you know, like control me. Really loud and controlling.” (Tr. 44). Thomas Edward Bott (“Bott”), a vocational expert, testified. Bott described

Wilson’s past employment as a laundry laborer as an unskilled, medium exertional, SVP 2 job.1 The ALJ asked Bott to assume a worker of Wilson’s age, education, and experience, who could perform unskilled work at all exertional levels, perform

simple routine and repetitive tasks that can be performed by rote, make simple work-related decisions with little judgment, and concentrate, persist, and maintain 1 SVP, or specific vocational preparation, refers to the amount of time it takes to learn a specific job.. SVP 2 jobs require more than a short demonstration of skills and could include up to one month of time to learn the skills. 3 pace with normal breaks, with incidental interpersonal contact with co-workers and no contact with the public. The worker would require simple, direct, and concrete

supervision. Bott testified such a worker could perform Wilson’s past job as a laundry laborer as that job is typically performed in the national economy. Bott acknowledged, however, that Wilson’s description of her past job varied from the

typical description of a laundry laborer. Bott further testified that other jobs existed in the national economy which such a hypothetical worker could perform. Bott identified landscape specialist and hospital cleaner as jobs which fit that bill.

Bott opined, however, that no jobs would be available if the hypothetical worker would miss work or be late for work more than twice a month and would require frequent unscheduled breaks during the workday. (Tr. 24-50). ALJ’s Decision:

In her April 18, 2019, decision, the ALJ determined Wilson had not engaged in substantial gainful activity since July 15, 2016, the alleged onset date. Severe impairments found by the ALJ were depressive disorder as well as trauma and

stressor-related disorder. The ALJ noted Wilson’s mental impairments did not meet or medically equal the criteria of Listing 12.04. The ALJ considered the “paragraph B” criteria regarding mental impairments, finding Wilson had a mild

limitation in understanding, remembering, or applying information, a moderate 4 limitation in interacting with others, a moderate limitation in concentrating, persisting, or maintaining pace, and a mild limitation in adapting or managing

oneself. The ALJ determined Wilson had the residual functional capacity (“RFC”) to perform a full range of work at all exertional levels, but with the following nonexertional limitations: she could perform simple, routine, and repetitive tasks

(performed by “rote”), make simple work-related decisions requiring little judgment, concentrate, persist, and maintain pace with normal breaks, and have incidental interpersonal contact with co-workers and no work with the public.

Also, she required simple, direct, and concrete supervision. These limitations mirrored those contained in the initial hypothetical question posed to Bott. The ALJ cited Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984), and indicated she had given full consideration to all of the factors set forth in that case.

She concluded Wilson’s subjective statements were “not entirely consistent with the medical evidence and other evidence in the record.” (Tr. 17). The ALJ reviewed the medical evidence with an emphasis on treatment records during the

relevant period. The ALJ also addressed the opinions of treating physician Mary Wegner (“Wegner”), who opined in April 2018 that Wilson had marked and extreme mental limitations which would cause her to be absent from work more

than three days per month. The ALJ gave “little weight” to Wegner’s opinions 5 because other medical records showed Wilson’s symptoms improved with medication, and a December 2018 treatment record showed Wilson alert, in no

acute distress, and with no symptoms of depression. (Tr. 18). Finally, the ALJ noted several cancelled and no-show appointments at Mid-South Health Systems (“Mid-South,” where Wegner was employed). The ALJ concluded Wilson was

capable of performing her past relevant work as a laundry service worker. In the alternative, relying upon Bott’s expert testimony, the ALJ determined Wilson was capable of performing jobs in the national economy. Therefore, the ALJ concluded

Wilson was not disabled. (Tr. 7-23).

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Wilson v. Social Security Administration, (E.D. Ark. 2020).

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