Opinion

Taylor v. Commissioner of Social Security

Court
District Court, D. Massachusetts
Filed
Feb 22, 2023
Cited by
0 cases
Authority
More cited than 22.9%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 1:21-CV-10336-RWZ

MARK STEPHEN TAYLOR

Vv.

KILOLO KIJAKAZI,

Commissioner of Social Security

MEMORANDUM & ORDER

February 22, 2023

ZOBEL, S.D.J.

Mark Stephen Taylor (“Plaintiff’) filed an application for supplemental security

income (“SSI”) and disability insurance benefits (“DIB”) on February 8, 2019, alleging a

disability onset date of January 1, 2014. R. 172-184.’ His claims were denied in May

2019 and again upon reconsideration in September 2019. R. 12. Administrative Law

Judge (“ALJ”) Jason A. Miller held a hearing in July 2020 after which he found Plaintiff

was not disabled and could perform ‘jobs that exist in significant numbers in the national

economy.” R. 12-28. The Appeals Council denied Plaintiffs request for review of the ALJ

decision, which then became the final decision of the Commissioner of the Social Security

Administration (“Commissioner’ or “Defendant”), subject to judicial review. R. 1. Plaintiff

moves for summary judgment to vacate the Commissioner's decision on the grounds that

the ALJ erred by (1) rejecting Plaintiffs subjective complaints of limitation and (2)

impermissibly interpreting “bare medical records” that postdated the opinions of the non-

1“R.” refers to the administrative record, filed in this matter at Docket # 10.

examining review physicians. Docket ## 12-13. Defendant simultaneously moves for an

order affirming his decision. Docket ## 15-16. Plaintiffs motion for summary judgment

is denied and Defendant’s motion to affirm is allowed.

|. Standard of Review

The Commissioner's final decision, upholding the ALJ’s findings of fact, is

conclusive if based on the correct legal standard and supported by substantial evidence.

42 U.S.C. § 405(g); Seavey v. Barnhart, 276 F.3d 1, 9 (1st Cir. 2001). Substantial

evidence means “such relevant evidence as a reasonable mind might accept as adequate

to support a conclusion.” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (quoting

Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)). So long as the

Commissioner's determinations are “supported by substantial evidence,” they must be

affirmed, “even if the record arguably could justify a different conclusion.” Rodriguez

Pagan v. Sec'y of Health & Human Servs., 819 F.2d 1, 3 (1st Cir. 1987) (per curiam).

Further, resolving credibility issues “and the drawing of permissible inference from

evidentiary facts are the prime responsibility of the [Commissioner].” Rodriquez v. Sec'y

of Health & Human Servs., 647 F.2d 218, 222 (1st Cir. 1981) (quoting Rodriguez v.

Celebrezze, 349 F.2d 494, 496 (1st Cir. 1965)). Questions of law are reviewed de novo.

Seavey, 276 F.3d at 9.

ll. Discussion

A. Plaintiff's subjective complaints

Plaintiff argues that the ALJ erred in rejecting his subjective complaints of

limitation. The social security regulations require an ALJ to evaluate a plaintiffs

subjective complaints pursuant to a two-step process. See 20 C.F.R. § 404.1529. First,

the ALJ determines whether the plaintiff has a “medically determinable impairment that

could reasonably be expected to produce [the] symptoms.” 20 C.F.R. § 404.1529(b); see

also Brown v. Colvin, 111 F. Supp. 3d 89, 99 (D. Mass. 2015). The ALJ next considers

the “intensity and persistence of [the] symptoms’ to determine “the extent to which [the]

symptoms limit [Plaintiff's] capacity for work.” 20 C.F.R. § 404.1529(c); see also Brown,

11 F.Supp.3d at 99. That determination “must contain specific reasons for the finding on

credibility, supported by evidence in the case record, and must be sufficiently specific and

clear to any subsequent reviewer.” Dias v. Colvin, No. 15-CV-13003-ADB, 2018 WL

988053, at *12 (D. Mass. Feb. 20, 2018) (citing 20 C.F.R. § 404.1529(c)(3)). The “ALJ’s

evaluation of complaints of pain” are given “particular attention” due to the “subjective

nature” of the complaints and the ALJ’s ability to “personally observel] [the] claimant at

the hearing.” See Falcon-Cartagena v. Comm'r of Soc. Sec., 21 F. Appx. 11, 13 (1st Cir.

2001).

ALJ Miller found that “claimant's medically determinable impairments could

reasonably be expected to cause the alleged symptoms; however, the claimant's

statements concerning the intensity, persistence and limiting effects of these symptoms

are not entirely consistent with the medical evidence and other evidence.” R. 22. He

explained in great detail the specific reasons for his credibility determination, including

the inconsistencies between Plaintiffs subjective testimony and the evidence of his

course of treatment, the objective medical findings, Plaintiffs daily activities, and the

agency assessments. R. 20-25. His credibility determination was based on substantial

evidence.

B. Interpretation of Plaintiff's Medical Records

Plaintiff also asserts that the ALJ erred because he impermissibly interpreted “bare

medical findings” and deviated from the state agency physicians’ assessments when he

found “additional severe impairments and assessed limitations.” Docket # 13 at □□□□□□

Although an ALJ may not “assess residual functional capacity based on a bare medical

record,” he can “render[] common-sense judgments about functional capacity based on

medical findings,” “as long as [he] does not overstep the bounds of a lay person’s

competence and render a medical judgment.” Gordils v. Sec’y of Health & Hum. Servs.,

921 F.2d 327, 329 (1st Cir. 1990); see also Pereira v. Berryhill, No. CV 16-11855-FDS,

2017 WL 3567515, at *8 (D. Mass. Aug. 17, 2017) (quoting Manso-Pizarro v. Secretary

of Health & Human Servs., 76 F.3d 15, 17 (1st Cir. 1996)) (“Where the medical evidence

shows relatively little physical impairment, an ALJ permissibly can render commonsense

judgment about functional! capacity even without a physician’s assessment,’ as long as

the ALJ does not overstep the bounds of a lay person's competence and render a medical

judgment.”).

The medical records at issue here include treatment notes and MRI results related

to Plaintiffs shoulders. Docket # 13 at 15; R. 451-456. The records demonstrate that the

Plaintiff was not referred for surgery and that his shoulders had full range of motion, no

deformity, no swelling, and no instability. R. 25, 451-456. These records did not require

the ALJ to “overstep the bounds of a lay person’s competence.” Pereira, 2017 WL

3567515, at *8. Instead, the medical evidence showed ‘relatively little physical

impairment,” and allowed the “ALJ [to] permissibly [] render commonsense judgment

about functional capacity.” Id. ALJ Miller was able to review those medical findings, along

with “all of the relevant medical and other evidence” to render the “commonsense

judgment[]” that “additional functional restrictions [were] merited.”

20 C.F.R. §§ 404.1545(a)(3); Gordils, 921 F.2d at 329; R. 25. The ALJ’s residual

functional capacity determination was supported by substantial evidence.

lil. Conclusion

Plaintiffs Motion for Summary Judgment (Docket #12) is DENIED and

Defendant's Motion to Affirm (Docket #15) is ALLOWED. Judgment may be entered

_ accordingly.

on) bel”

UNITED STATES DISTRICT JUDGE

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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