Yohe v. Commissioner of Social Security

CourtDistrict Court, M.D. Pennsylvania
DecidedFebruary 25, 2025
Docket1:24-cv-00499
StatusUnknown

This text of Yohe v. Commissioner of Social Security (Yohe v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yohe v. Commissioner of Social Security, (M.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

APRIL LEE YOHE, : Civil No. 1:24-CV-499 : Plaintiff, : : v. : : (Chief Magistrate Judge Bloom) MICHELLE KING, Acting : Commissioner of Social Security,1 : : Defendant . :

MEMORANDUM OPINION

I. Introduction April Lee Yohe filed an application for Supplemental Security Income under Title XVI of the Social Security Act on September 13, 2021. (Doc. 15 at 1). Following a hearing before an Administrative Law Judge (“ALJ”), the ALJ found that Yohe was not disabled from her alleged onset date of disability of September 13, 2021, through March 15, 2023, but that she did become disabled on March 16, 2023. (Tr. 13-40).

1 Michelle King became the acting Commissioner of Social Security on January 20, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and 42 U.S.C. § 405(g), Michelle King is substituted as the defendant in this suit. Yohe now appeals this decision, arguing that the ALJ’s decision is not supported by substantial evidence. After a review of the record, and

mindful of the fact that substantial evidence “means only— ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,’” , 139 S. Ct. 1148, 1154 (2019),

we conclude that substantial evidence supported the ALJ’s findings in this case. Therefore, we will affirm the decision of the Commissioner

denying this claim for benefits for the period between September 13, 2021, and March 15, 2023. II. Statement of Facts and of the Case

On September 13, 2021, Yohe applied for supplemental security income, citing an array of physical and emotional impairments, including chronic obstructive pulmonary disease (“COPD”), rheumatoid arthritis,

pinched nerve, hearing loss, depression, anxiety, bilateral leg and foot swelling, right hand swelling, and “two other personalities.” (Tr. 110). Yohe was 53 years old at the time of the alleged onset of disability, had a

ninth-grade education, and had past employment as shipping/receiving

2 clerk, cashier, deli clerk, sandwich maker, and landscaper. (Tr. 78-79, 277).

With respect to these alleged impairments the record revealed the following: during the relevant period, Yohe treated with her primary care provider, Certified Registered Nurse Practitioner (“CRNP”) Deidania

Rosado, at University of Pittsburgh Medical Center Newport Family Care (“UPMC Newport”). (Tr. 391). On January 18, 2018, CRNP Rosado

diagnosed Yohe with hyperlipidemia, depression, and chronic obstructive pulmonary disease (“COPD”). ( ). On January 18, 2019, Yohe checked herself into the UPMC Newport

emergency department because she was coughing up blood. (Tr. 404). CRNP Rosado suspected the cause was pneumonia and ordered chest x- rays and a CT scan. (Tr. 404-05). For reasons unclear on this record, no

imaging was obtained for over 18 months. Instead, the next record is from UPMC Newport on September 6, 2019, where Yohe reported intense bilateral heel pain. (Tr. 409-10).

On November 7, 2019, Yohe began treatment at Newport Counseling Center LLC (“NCC”) with Licensed Clinical Social Worker

3 and Certified Clinical Trauma Professional Jennifer Peck. (Tr. 357). At that intake session, Ms. Peck diagnosed adjustment disorder with

depressed mood. ( ) At a follow up one week later, Ms. Peck recorded that Yohe’s progress was “poor.” (Tr. 356). On April 7, 2020, CRNP Rosado noted Yohe’s bilateral leg pain and

swelling were not abating and that her reports of pain were increasing, and she prescribed Naproxen. (Tr. 428-29). On July 29, 2020, Yohe

underwent a series of nerve-function related tests at Pinnacle Health Neurosurgery & Neuroscience. (Tr. 514). Dr. Atul Mangla noted that Yohe had two abnormal nerve results: the right superficial peroneal

nerve had an abnormal sensory conduction result, and the right tibial nerve was abnormal in the “H reflex study.” ( ). An EMG study also returned findings suggestive of two potential nerve issues. ( ). On

October 8, 2020, Yohe saw CRNP Rosado at UPMC Newport, at which time it was noted Yohe had a new cough and continued to suffer from bilateral leg pain and anxiety. (Tr. 447).

On October 10, 2020, Yohe consulted with Dr. Adam Buerk at Orthopedic Institute of Pennsylvania (“OIP”). (Tr. 525). Yohe reported

4 constant bilateral soreness and rated her pain at 8/10. ( ). Dr. Buerk assessed bilateral lower extremity radiculopathy and multilevel

spondylosis of the lumbar spine. ( ). A few weeks later, Yohe received an x-ray of her lumbar spine, which showed mild to moderate multilevel spondylosis. (Tr. 527). On November 24, 2020, Yohe received chest x-rays

at UPMC which showed “probable emphysema and mild chronic lung disease without consolidation.” (Tr. 363). CRNP Rosado noted these

images showed unresolved pneumonia and diagnosed Yohe with memory loss and chronic fatigue at this visit. (Tr. 454, 456). In January of 2021, an MRI of Yohe’s lumbar spine showed,

, facet arthropathy at L3-L4, L4-L5, and L5-S1, and mild diffused disc bulging at L5-S1. (Tr. 529). In April, Yohe complained to CRNP Rosado about issues with rheumatoid arthritis, specifically, that she was

developing “trigger fingers” in two of the fingers on her right hand. (Tr. 470). Dr. Buerk at OIP later assessed Yohe with two trigger fingers and counseled her on both conservative and surgical options. (Tr. 531).

Yohe underwent pulmonary function testing with Dr. Joanna Cruz in July, which showed mild, reversible, obstructive lung disease and

5 significant BDR consistent with asthma. (Tr. 370). On August 27, 2021, Yohe received an injection from Dr. Buerk of betamethasone and

lidocaine into both trigger fingers. (Tr. 533). She reported some improvement, but on December 1, 2021, underwent a successful surgery on both trigger fingers. (Tr. 528, 538).

On December 13, 2021, Yohe treated with CRNP Rosado, who noted the following unresolved or ongoing issues: chronic anxiety, major

depressive disorder, a BMI under 19, mild COPD, bilateral leg pain, herniation of intervertebral disc L5-S1, Raynaud’s phenomenon without gangrene, bilateral hand pain, lumbar radiculopathy, vitamin D

deficiency, and primary osteoarthritis involving multiple joints. (Tr. 496- 98). In addition, on December 17, 2021, Yohe had a post-surgical follow up with Dr. Buerk at OIP. (Tr. 540). Dr. Buerk diagnosed Yohe with two

additional trigger fingers, this time on her left hand, and later underwent a successful surgery in February of 2022. (Tr. 540, 561-62). It is against this factual backdrop that the ALJ conducted a hearing

in Yohe’s case on December 13, 2022. (Tr. 43). Yohe and a vocational expert (“VE”) both testified at this hearing. ( ). Yohe described,

6 , her difficulties with rheumatoid arthritis, how she was medicating to manage the pain of that condition, her depression, her part-time

cleaning work, her substance use, and how her daughter lives with and assists her. (Tr. 60-76). The VE answered hypothetical questions from both the ALJ and Yohe’s attorney about the employment prospects of a

hypothetical person with certain combinations of Yohe’s alleged limitations. (Tr. 76-85).

Following this hearing on December 13, 2022, the ALJ issued a decision denying Yohe’s application for benefits for the period from September 13, 2021, to March 15, 2023, but approving the application as

of March 16, 2023. (Tr. 32-34).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Consolo v. Federal Maritime Commission
383 U.S. 607 (Supreme Court, 1966)
Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Kacee Chandler v. Commissioner Social Security
667 F.3d 356 (Third Circuit, 2011)
Diaz v. Commissioner of Social Security
577 F.3d 500 (Third Circuit, 2009)
Johnson v. Commissioner of Social Security
529 F.3d 198 (Third Circuit, 2008)
Burton v. Schweiker
512 F. Supp. 913 (W.D. Pennsylvania, 1981)
Leslie v. Barnhart
304 F. Supp. 2d 623 (M.D. Pennsylvania, 2003)
Roseann Zirnsak v. Commissioner Social Security
777 F.3d 607 (Third Circuit, 2014)
Titterington v. Comm Social Security
174 F. App'x 6 (Third Circuit, 2006)
Biestek v. Berryhill
587 U.S. 97 (Supreme Court, 2019)
Walker v. Commissioner of Social Security
61 F. App'x 787 (Third Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
Yohe v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yohe-v-commissioner-of-social-security-pamd-2025.