Opinion

O'Riley v. Saul

Court
District Court, W.D. Missouri
Filed
Jun 29, 2020
Cited by
0 cases
Authority
More cited than 24.3%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION

KATHY ANN O'RILEY, )

)

Plaintiff, )

)

vs. ) Case No. 19-00562-CV-W-ODS

)

ANDREW M. SAUL, )

Commissioner of Social Security, )

Defendant. )

)

ORDER AND OPINION AFFIRMING COMMISSIONER’S DECISION DENYING

BENEFITS

Pending is Plaintiff’s appeal of the Commissioner of Social Security’s final

decision denying her application for disability insurance benefits. For the following

reasons, the Commissioner’s decision is affirmed.

I. STANDARD OF REVIEW

The Court’s review of the Commissioner’s decision is limited to a determination

of whether the decision is “supported by substantial evidence on the record as a whole.

Substantial evidence is less than a preponderance but . . . enough that a reasonable

mind would find it adequate to support that conclusion.” Andrews v. Colvin, 791 F.3d

923, 928 (8th Cir. 2015) (citations omitted). “As long as substantial evidence in the

record supports the Commissioner’s decision, we may not reverse it because

substantial evidence exists in the record that would have supported a contrary outcome,

or because we would have decided the case differently.” Cline v. Colvin, 771 F.3d

1098, 1102 (8th Cir. 2014) (citations omitted). Though advantageous to the

Commissioner, this standard also requires the Court consider evidence that fairly

detracts from the final decision. Anderson v. Astrue, 696 F.3d 790, 793 (8th Cir. 2015).

(citation omitted). Substantial evidence means “more than a mere scintilla” of evidence;

it is relevant evidence a reasonable mind might accept as adequate to support a

conclusion. Gragg v. Astrue, 615 F.3d 932, 938 (8th Cir. 2010).

II. BACKGROUND

Plaintiff Kathy O’Riley was born in 1957. R. at 91, 208. She has a high school

education and previously worked as a cashier and personal care assistant. R. at 17.

In April 2017, Plaintiff applied for disability insurance benefits, alleging a disability onset

date of April 4, 2017. R. at 15. After her application was denied, Plaintiff requested a

hearing before an Administrative Law Judge (ALJ). R. at 15. The hearing was held on

November 5, 2018. R. at 15.

On December 4, 2018, the ALJ issued her decision, finding Plaintiff was not

disabled. R. at 16-25. The ALJ concluded Plaintiff has severe impairments of

fibromyalgia, osteoarthritis of the knees, degenerative disc disease, and obesity. R. at

17. The ALJ determined Plaintiff’s depression, anxiety, dysphonia, gastroesophageal

reflux disease, overactive bladder, migraines, and left wrist fracture status/post fixation

surgery to be non-severe impairments. R. at 18-19. The ALJ concluded Plaintiff had

the residual functional capacity (RFC) to “lift and carry 20 pounds occasionally and 10

pounds frequently. She can stand or walk 6 hours and sit 6 hours in an 8-hour workday.

She can occasionally climb, stoop, kneel, crouch, and crawl. She can frequently

balance on uneven surfaces.” R. at 20. Based on the RFC and the vocational expert’s

(“VE”) testimony at the hearing, the ALJ determined Plaintiff can work as a cashier-

checker, waitress, and membership solicitor. R. at 25. Plaintiff unsuccessfully

appealed the ALJ’s decision to the Appeals Council. R. at 1-6. She now appeals to this

Court.

III. DISCUSSION

Plaintiff presents two arguments, which both pertain to the ALJ’s RFC

determination. One’s RFC is the “most you can do despite your limitations.” 20 C.F.R.

§ 404.1545(a)(1). “A disability claimant has the burden to establish her RFC.” Goff v.

Barnhart, 421 F.3d 785, 790 (8th Cir. 2005) (citation omitted). If a claimant establishes

she is unable to do past relevant work, the burden shifts to the Commissioner who must

prove (1) the claimant retains the RFC to do other kinds of work, and (2) other work the

claimant is able to perform exists in substantial numbers in the economy. Id. (citations

omitted). When the burden of production shifts to the Commissioner, “the burden of

persuasion to prove disability and to demonstrate RFC remains on the claimant . . . .”

Id.

The ALJ must base the RFC on “all of the relevant evidence, including the

medical records, observations of treating physicians and others, and an individual’s own

description of the limitations.” McKinney v. Apfel, 228 F.3d 860, 863 (8th Cir. 2000); 20

C.F.R. § 416.945(a)(32) (noting the ALJ, when assessing a claimant’s RFC, will

consider “relevant medical and other evidence,” “statements about what [the claimant]

can still do that have been provided by medical sources . . . ,” and “descriptions and

observations of [the claimant’s] limitations from [his/her] impairments . . . including

limitations that result from [the claimant’s] symptoms . . . provided by [the claimant], [the

claimant’s] family, neighbors, friends, or other persons.”). Because the RFC is a

medical question, “an ALJ’s assessment of it must be supported by some medical

evidence of [the plaintiff’s] ability to function in the workplace.” Hensley v. Colvin, 829

F.3d 926, 932 (8th Cir. 2016) (citation omitted). But “there is no requirement that an

RFC finding be supported by a specific medical opinion.” Id. (citations omitted).

A. Mental Limitations

Plaintiff argues the RFC is unsupported by substantial evidence because the ALJ

did not include mental limitations in the RFC. While the ALJ is required to “develop the

record fully and fairly,” she is “not required to discuss every piece of evidence

submitted.” Wildman v. Astrue, 596 F.3d 959, 966 (8th Cir. 2010). Additionally, “[a]n

ALJ’s failure to cite specific evidence does not indicate that such evidence was not

considered.” Id. When the ALJ finds no severe mental impairments, she is not

required to discuss any mental limitations in the RFC. Johnson v. Berryhill, No. 4:17-

CV-0416-DGK, 2018 WL 2336297, at *2 (W.D. Mo. May 23, 2018); see also SSR 96-8p

(“The RFC assessment considers only functional limitations and restrictions that result

from an individual’s medically determinable impairment or combination of

impairments[.]”).

The ALJ found Plaintiff’s depression and anxiety were non-severe and did not

limit her functioning. R. at 18. In coming to her conclusion, the ALJ considered the

record as a whole, including Plaintiff’s clinical examinations where she demonstrated

“full cognition, intact memory, cooperative behavior, and good affect.” Id. The ALJ also

considered treatment notes showing Plaintiff’s mental health is controlled with

medication, so long as Plaintiff is compliant. Id. The ALJ determined Plaintiff’s

depression and anxiety “do not cause more than minimal limitation in [Plaintiff’s] ability

to perform basic mental work activities.” Id. Because these impairments caused

minimal limitations, the ALJ was not required to include those minimal limitations in the

RFC. See Browning v. Colvin, No. 13-00266-CV-W-REL, 2014 WL 4829534, at *37

(W.D. Mo. Sept. 29, 2014).

Plaintiff also argues the ALJ improperly relied on the opinion of non-treating

physician, Dr. Brandhorst. When determining the persuasiveness of a medical opinion,

the ALJ considers (1) supportability, (2) consistency, (3) relationship with the claimant,

(4) specialization, and (5) other factors. 20 C.F.R. §§ 404.1520c(a), (c)(1)-(5). The ALJ

must articulate how she considered supportability and consistency, which are the two

most important factors. Id. § 404.1520c(b)(2). The ALJ may, but is not required to,

explain how other factors were considered. Id. § 404.1520c(b)(3). The ALJ properly

articulated the supportability and consistency of Dr. Brandhorst’s medical opinion. R. at

23-24. Dr. Brandhorst’s opinion is consistent with and supported by “the fact that

[Plaintiff’s] mental health is adequately controlled with medication and that she has not

received any specialized mental health treatment throughout the period at issue.” R. at

23-24. Accordingly, the ALJ’s RFC is supported by substantial evidence.

B. Physical Limitations

Plaintiff argues the physical limitations included in the RFC are unsupported by

substantial evidence. Although the ALJ found Plaintiff had “severe” impairments,

including fibromyalgia, osteoarthritis of both knees, degenerative disc disease, and

obesity, Plaintiff argues the ALJ did not include additional limitations in the RFC or

provide a hypothetical question to the VE during the hearing that included limitations

related to these severe impairments.

An ALJ may find objective medical evidence does not support a claimant’s

allegations as to the intensity, duration, and limiting effects of physical impairments.

Vance v. Berryhill, 860 F.3d 1114, 1120 (8th Cir. 2017). Inconsistencies between the

claimant’s subjective complaints and evidence regarding her activities of daily living may

raise legitimate concerns about credibility. Id. at 1121. Here, the ALJ found the

objective medical evidence, daily living activities, and medical opinions were

inconsistent with Plaintiff’s alleged limitations associated with back and knee pain,

fibromyalgia, and obesity. R. at 21-22.

The ALJ observed imaging of Plaintiff’s back and neck indicated mild

impairments. R. at 21. Although imaging of her knees revealed moderate to severe

findings, the ALJ found Plaintiff’s gait was often described as normal, there was no loss

of strength in her lower extremities, did not require an assistive device, and Plaintiff

reported her pain was controlled with medication. R. at 21-22. Although the ALJ found

the objective evidence was inconsistent with Plaintiff’s allegation of severe knee and

back pain, the ALJ “adequately accounted for these impairments by limiting [Plaintiff] to

a range of light work with additional postural limitations.” R. at 22.

The ALJ similarly found the objective evidence did not support Plaintiff’s

allegation that fibromyalgia and obesity was more limiting than the ALJ’s RFC. Id. In

fact, the record contained only one instance where a medical provider administered a

tender point examination to confirm fibromyalgia. R. at 22, 437-440. And treatment

notes indicate prescribed medication was effective in reducing her pain. R. at 22.

Nevertheless, the ALJ considered and incorporated limitations associated with these

impairments by limiting Plaintiff “to a range of light work with additional postural

limitations” in the RFC. Id.

The ALJ found Plaintiff’s daily activities contradicted her subjective complaints.

Plaintiff indicated she was raising six grandchildren, performed manual labor at previous

jobs, and engaged in various social functions. R. at 22. Further, Plaintiff stated she

bathed and dressed herself, unloaded the dishwasher, prepared meals, drove a vehicle,

and shopped. R. at 22-23. The ALJ determined Plaintiff’s participation in these

activities “undermine[d]…[Plaintiff’s] allegations of disabling functional limitations.” R. at

22-23.

The ALJ also considered a medical opinion from State agency physician, Dr.

Dugan, who opined Plaintiff could return to work but could not “lift weight in excess of

twenty pounds nor kneel or climb secondary to arthritis.” R. at 24. Plaintiff argues Dr.

Dugan’s opinion should have precluded kneeling and climbing from the ALJ’s RFC.

Although Dr. Dugan opined Plaintiff could not kneel or climb, the ALJ considered the

record as a whole, including Plaintiff’s statements regarding her daily living, which were

inconsistent with the allegations of knee and back pain. R. at 22. Regardless, the RFC

limits Plaintiff to “occasionally climb, stoop, kneel, crouch, and crawl.” R. at 20.

Finally, Plaintiff argues the ALJ ignored Plaintiff’s shoulder, wrist, and hand

impairments in establishing the RFC. But substantial evidence in the record supports

the ALJ’s decision not to include additional or greater physical limitations in the RFC.

The record shows Plaintiff was not functionally limited by her shoulder, wrist, or hand

impairments. R. at 443. During an exam by Dr. Schwartz, Plaintiff expressed “full

range of motion in all four extremities,” could “oppose all fingers, make a tight fist,” and

had “5/5 strength.” R. at 443. The exam also revealed Plaintiff was capable of daily

tasks using her shoulder, wrists, and hands. R. at 443.

The ALJ did not ignore these impairments. She noted the impairments were

acute and did not “satisfy the twelve-month durational requirement set forth in the Act.”

R. at 18. In concluding the conditions were neither disabling nor a significant source of

persistent functional limitation, the ALJ properly concluded the other physical

impairments were non-severe. For these reasons, the ALJ’s RFC is supported by

substantial evidence.

IV. Conclusion

For the foregoing reasons, the ALJ’s decision denying benefits is affirmed.

IT IS SO ORDERED.

/s/ Ortrie D. Smith

DATE: June 29, 2020 ORTRIE D. SMITH, SENIOR JUDGE

UNITED STATES DISTRICT COURT

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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