Opinion

Davis v. Social Security Administration Commissioner

Court
District Court, W.D. Arkansas
Filed
May 23, 2018
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

EL DORADO DIVISION

ARNETTA DAVIS PLAINTIFF

vs. Civil No. 1:17-cv-01049

NANCY A. BERRYHILL DEFENDANT

Acting Commissioner, Social Security Administration

MEMORANDUM OPINION

Arnetta Davis (“Plaintiff”) brings this action pursuant to § 205(g) of Title II of the Social

Security Act (“The Act”), 42 U.S.C. § 405(g) (2010), seeking judicial review of a final decision of

the Commissioner of the Social Security Administration (“SSA”) denying her application for

Supplemental Security Income (“SSI”) and a period of disability under Title XVI of the Act. The

parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings

in this case, including conducting the trial, ordering the entry of a final judgment, and conducting

all post-judgment proceedings. ECF No. 5.1 Pursuant to this authority, the Court issues this

memorandum opinion and orders the entry of a final judgment in this matter.

1. Background:

Plaintiff protectively filed an application for SSI on August 21, 2014. (Tr. 15). Plaintiff

alleged she was disabled due to due to anxiety, depression, angina, dyspnea, enlarged lap,

multisystem sarcoidosis, and right arm and foot due to gout and nerve problems. (Tr. 162). Plaintiff

alleged an onset date of January 15, 2006. (Tr. 15). This application was denied initially and again

upon reconsideration. (Tr. 56-86). Thereafter, Plaintiff requested an administrative hearing on her

1 The docket numbers for this case are referenced by the designation “ECF No. ____” The transcript pages

for this case are referenced by the designation “Tr.”

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application and this hearing request was granted. (Tr. 97-99).

Plaintiff’s administrative hearing was held on May 24, 2016. (Tr. 30-55). Plaintiff was

present and was represented by David Rawls at this hearing. Id. Plaintiff, Medical Expert Dr. Kweli

Amusa, and Vocational Expert (“VE”) Thomas Bott testified at this hearing. Id. At the time of this

hearing, Plaintiff was forty-three (43) years old and had a high school education. (Tr. 39-40).

On August 9, 2016, the ALJ entered an unfavorable decision denying Plaintiff’s application

for SSI. (Tr. 15-24). In this decision, the ALJ determined Plaintiff had not engaged in Substantial

Gainful Activity (“SGA”) since August 21, 2014. (Tr. 17, Finding 1). The ALJ also determined

Plaintiff had the severe impairments of sarcoidosis and diabetes mellitus. (Tr. 17, Finding 2). The

ALJ then determined Plaintiff’s impairments did not meet or medically equal the requirements of

any of the Listing of Impairments in Appendix 1 to Subpart P of Regulations No. 4 (“Listings”). (Tr.

17, Finding 3).

In this decision, the ALJ evaluated Plaintiff’s subjective complaints and determined her RFC.

(Tr. 18-22). First, the ALJ indicated he evaluated Plaintiff’s subjective complaints and found her

claimed limitations were not entirely credible. Id. Second, the ALJ determined Plaintiff retained

the RFC to perform light work but must be allowed to alternate between sitting and standing after

1 ½ hours of each activity and must work in a climate-controlled environment. (Tr. 18, Finding 4).

The ALJ then evaluated Plaintiff’s Past Relevant Work (“PRW”). (Tr. 22, Finding 5). The

ALJ found Plaintiff had no PRW. Id. The ALJ, however, also determined there was other work

existing in significant numbers in the national economy Plaintiff could perform. (Tr. 23, Finding 9).

The ALJ based this determination upon the testimony of the VE. Id. Specifically, the VE testified

that given all Plaintiff's vocational factors, a hypothetical individual would be able to perform the

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requirements of representative occupations such as telephone solicitor with 156,857 such jobs in the

nation and 1,114 such jobs in Arkansas, food checker with 109,743 such jobs in the nation and 1,082

such jobs in Arkansas, and check cashier with 439,021 such jobs in the nation and 4,328 such jobs

in Arkansas. Id. Based upon this finding, the ALJ determined Plaintiff had not been under a

disability as defined by the Act from August 21, 2014, through the date of the decision. (Tr. 24,

Finding 10).

Thereafter, Plaintiff requested the Appeals Council review the ALJ’s unfavorable decision.

(Tr. 140-142). See 20 C.F.R. § 404.968. The Appeals Council declined to review this unfavorable

decision. (Tr. 1-6). On August 3, 2017, Plaintiff filed the present appeal. ECF No. 1. The Parties

consented to the jurisdiction of this Court. ECF No. 5. Both Parties have filed appeal briefs. ECF

Nos. 13, 14. This case is now ready for decision.

2. Applicable Law:

In reviewing this case, this Court is required to determine whether the Commissioner’s

findings are supported by substantial evidence on the record as a whole. See 42 U.S.C. § 405(g)

(2006); Ramirez v. Barnhart, 292 F.3d 576, 583 (8th Cir. 2002). Substantial evidence is less than

a preponderance of the evidence, but it is enough that a reasonable mind would find it adequate to

support the Commissioner’s decision. See Johnson v. Apfel, 240 F.3d 1145, 1147 (8th Cir. 2001).

As long as there is substantial evidence in the record that supports the Commissioner’s decision, the

Court may not reverse it simply because substantial evidence exists in the record that would have

supported a contrary outcome or because the Court would have decided the case differently. See

Haley v. Massanari, 258 F.3d 742, 747 (8th Cir. 2001). If, after reviewing the record, it is possible

to draw two inconsistent positions from the evidence and one of those positions represents the

findings of the ALJ, the decision of the ALJ must be affirmed. See Young v. Apfel, 221 F.3d 1065,

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1068 (8th Cir. 2000).

It is well established that a claimant for Social Security disability benefits has the burden of

proving his or her disability by establishing a physical or mental disability that lasted at least one

year and that prevents him or her from engaging in any substantial gainful activity. See Cox v. Apfel,

160 F.3d 1203, 1206 (8th Cir. 1998); 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). The Act defines

a “physical or mental impairment” as “an impairment that results from anatomical, physiological,

or psychological abnormalities which are demonstrable by medically acceptable clinical and

laboratory diagnostic techniques.” 42 U.S.C. §§ 423(d)(3), 1382(3)(c). A plaintiff must show that

his or her disability, not simply his or her impairment, has lasted for at least twelve consecutive

months. See 42 U.S.C. § 423(d)(1)(A).

To determine whether the adult claimant suffers from a disability, the Commissioner uses

the familiar five-step sequential evaluation. He determines: (1) whether the claimant is presently

engaged in a “substantial gainful activity”; (2) whether the claimant has a severe impairment that

significantly limits the claimant’s physical or mental ability to perform basic work activities; (3)

whether the claimant has an impairment that meets or equals a presumptively disabling impairment

listed in the regulations (if so, the claimant is disabled without regard to age, education, and work

experience); (4) whether the claimant has the Residual Functional Capacity (RFC) to perform his

or her past relevant work; and (5) if the claimant cannot perform the past work, the burden shifts to

the Commissioner to prove that there are other jobs in the national economy that the claimant can

perform. See Cox, 160 F.3d at 1206; 20 C.F.R. §§ 404.1520(a)-(f). The fact finder only considers

the plaintiff’s age, education, and work experience in light of his or her RFC if the final stage of this

analysis is reached. See 20 C.F.R. §§ 404.1520, 416.920 (2003).

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3. Discussion:

In her appeal brief, Plaintiff claims the ALJ’s disability determination is not supported by

substantial evidence in the record. ECF No. 13, Pg. 3-19. Specifically, Plaintiff claims the ALJ

erred: (1) in failing to properly assess her impairments, (2) in the RFC determination, and (3) in

failing to give proper treatment to the opinions of Plaintiff’s treating physician. Id. In response, the

Defendant argues the ALJ did not err in any of her findings. ECF No. 114. Because this Court finds

the ALJ erred in the treatment of the opinions of a treating physician, this Court will only address

this issue.

Social Security Regulations and case law state that a treating physician's opinion will be

granted “controlling weight,” provided it is “well-supported by medically acceptable clinical and

laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the]

record.” See SSR 96-2p; Prosch v. Apfel, 201 F.3d 1010, 1012-13 (8th Cir. 2000)(citing 20 C.F.R.

§ 404.1527(d)(2)). An ALJ is required to give good reasons for the particular weight given to a

treating physician’s evaluation. See Prosch, 201 F.3d at1013 (citing 20 C.F.R § 404.1527(d)(2), and

SSR 96-2p). An ALJ may disregard the opinion of a treating physician only where other medical

assessments “are supported by better or more thorough medical evidence,” or where a treating

physician renders inconsistent opinions that undermine the credibility of such opinions. Id. at 1013

(quoting Rogers v. Chater, 118 F.3d 600, 602 (8th Cir. 1997), and Cruze v. Chater, 85 F.3d 1320,

1324-25 (8th Cir. 1996)).

Plaintiff had been treated by Dr. Hanan Makhoul, of the Little Rock Diagnostic Clinic, since

May 21, 2014 for multisystem sarcoidosis. (Tr. 298-301). On January 20, 2016, Dr. Makhoul

prepared a medical source statement. (Tr. 650-651). In this statement, Dr. Makhoul stated Plaintiff

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was a patient with multisystem sarcoidosis resulting in extreme fatigue, shortness of breath, muscle

weakness, upset stomach, and dizziness. Id. Dr. Makhoul indicated Plaintiff would be limited to

work at the sedentary exertional level with the ability to change positions frequently, have frequent

rest periods, take longer than normal breaks, and have the opportunity to shift at will between sitting,

standing, and walking. Id. Further, Dr. Markhoul stated Plaintiff would be completely unable to

reach, could perform fingering for only 1/3 of the workday, and would be completely unable to

handle. Id. Finally, Dr. Markhoul estimated Plaintiff would be absent from work four or more days

per month due to her impairments. Id.

The ALJ gave little weight to the opinions of Dr. Markhoul. (Tr. 20). The ALJ stated the

opinions of Dr. Markhoul were not consistent with the medical evidence. Id. Notably, the ALJ did

not state what was inconsistent with Dr. Markhoul’s findings and the record contains his complete

and lengthy medical record setting forth his treatment of Plaintiff.

The ALJ has the responsibility to determine which findings are inconsistent and which

opinions should be given greater weight than other opinions. See Brown v. Astrue, 611 F.3d 941,

951-952. However, when an ALJ determines that a treating physician’s opinion should be

discounted, “he should give good reasons for doing so.” Id. (internal quotation and citation omitted).

In this matter, the ALJ erred in discounting Dr. Makhoul’s findings. See Brown, 611 F.3d at 951-

952. At the very least, if the ALJ found this record was unclear, ambiguous, or inconclusive, the

ALJ should have re-contacted Dr. Markhoul. 20 C.F.R. § 404.1512(e) (requiring the ALJ to re-

contact the claimant’s treating physician or psychologist or other medical source where the

information the SSA receives from that source is inadequate to determine whether the claimant is

disabled).

Substantial evidence does not support the ALJ’s decision of Plaintiff being not disabled

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because the ALJ failed to properly analyze the opinions of Plaintiff’s treating physician. Because

the ALJ did not properly review the opinions of Plaintiff’s treating physician, this case should be

reversed and remanded for proper review and analysis of these opinions.

4. Conclusion:

Based on the foregoing, the undersigned finds that the decision of the ALJ, denying benefits

to Plaintiff, is not supported by substantial evidence and should be reversed and remanded. A

judgment incorporating these findings will be entered pursuant to Federal Rules of Civil Procedure

52 and 58.

ENTERED this 23rd day of May 2018.

/s/ Barry A. Bryant

HON. BARRY A. BRYANT

U.S. MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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