Opinion

Allen v. Social Security Administration

Court
District Court, N.D. Oklahoma
Filed
Dec 21, 2021
Cited by
0 cases
Authority
More cited than 28.5%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OKLAHOMA

CAROLYN A., )

)

Plaintiff, )

)

v. ) Case No. 20-CV-00570-CDL

)

KILOLO KIJAKAZI,1 )

Acting Commissioner of the )

Social Security Administration, )

)

Defendant. )

OPINION AND ORDER

Plaintiff seeks judicial review of a decision of the Commissioner of the Social

Security Administration (Commissioner) denying Social Security disability benefits. The

parties have consented to proceed before a United States Magistrate Judge in accordance

with 28 U.S.C. § 636(c)(1), (2). For the reasons set forth below, the undersigned affirms

the Commissioner’s decision denying benefits.

Standard of Review

The Social Security Act (the Act) provides disability insurance benefits to qualifying

individuals who have a physical or mental disability. See 42 U.S.C. § 423. The Act defines

“disability” as an “inability to engage in any substantial gainful activity by reason of any

1 Effective July 9, 2021, pursuant to Federal Rule of Civil Procedure 25(d)(1), Kilolo

Kijakazi, Acting Commissioner of Social Security, is substituted as the defendant in this

action. No further action need be taken to continue this suit by reason of the last sentence

of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

medically determinable physical or mental impairment which can be expected to result in

death or which has lasted or can be expected to last for a continuous period of not less than

12 months.” See 42 U.S.C. § 423(d)(1)(A).

Judicial review of a Commissioner’s disability determination “‘is limited to

determining whether the Commissioner applied the correct legal standards and whether the

agency’s factual findings are supported by substantial evidence.’” Noreja v. Soc. Sec.

Comm’r, 952 F.3d 1172, 1177 (10th Cir. 2020) (citing Knight ex rel. P.K. v. Colvin, 756

F.3d 1171, 1175 (10th Cir. 2014)). “Substantial evidence is more than a mere scintilla and

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

conclusion.” Id. at 1178 (quoting Grogan v. Barnhart, 399 F.3d 1257, 1261 (10th Cir.

2005)); see also Biestek v. Berryhill, __ U.S. __, 139 S. Ct. 1148, 1154 (2019). “Evidence

is not substantial if it is overwhelmed by other evidence in the record or constitutes mere

conclusion.” Noreja, 952 F.3d at 1178 (quoting Grogan, 399 F.3d at 1261-62).

So long as supported by substantial evidence, the agency’s factual findings are

“conclusive.” Biestek, 139 S. Ct. at 1152 (quoting 42 U.S.C. § 405(g)). Thus, the Court

may not reweigh the evidence or substitute its judgment for that of the agency. Noreja, 952

F.3d at 1178.

Procedural History

Plaintiff filed an application for social security disability benefits and supplemental

social security income on February 15, 2019. (R. 228). Plaintiff alleges she became

disabled due to neck and back pain, autism, hypermobility, asthma, allergies,

gastroesophageal reflux, sensory processing disorder, depression, and PTSD. (R. 260).

Plaintiff was fifty-one years old on the alleged onset date of February 1, 2017. Prior to the

onset date, Plaintiff worked as a merchandiser. (R. 261). The Social Security

Administration denied Plaintiff’s application on initial review and on reconsideration.

Plaintiff then requested a hearing before an Administrative Law Judge (ALJ).

The ALJ held a video hearing on March 9, 2020. Testimony was given by Plaintiff

and a Vocational Expert (VE). On April 14, 2020, the ALJ issued a decision denying

disability benefits. (R. 12). On September 9, 2020, the Appeals Council denied Plaintiff’s

request for review, which rendered the ALJ’s decision the agency’s final decision. (R. 1).

Accordingly, the Court has jurisdiction to review the ALJ’s April 14, 2020 decision under

42 U.S.C. § 405(g).

The ALJ’s Decision

The Commissioner uses a five-step, sequential process to determine whether a

claimant is disabled. See 20 C.F.R. §§ 404.1520(a)(4)(i)-(v), 416.920(a)(4)(i)-(v). At step

one, the ALJ determines whether the claimant is engaged in substantial gainful activity. At

step two, the ALJ determines whether the claimant has an impairment or a combination of

impairments that is severe. At step three, the ALJ determines whether the claimant’s severe

impairment or combination of impairments is equivalent to one that is listed in the

applicable regulation, which the Commissioner “acknowledges are so severe as to preclude

substantial gainful activity.” Williams v. Bowen, 844 F.2d 748, 751 (10th Cir. 1988)

(internal quotation and citation omitted); see 20 C.F.R. § 404.1520(d); 20 C.F.R. Part 404,

subpt. P, App’x 1 (Listings). At step four, the claimant must show that her impairment or

combination of impairments prevents her from performing her previous work.

The claimant bears the burden on steps one through four. Lax v. Astrue, 489 F.3d

1080, 1084. If the claimant satisfies this burden, thus establishing a prima facie case of

disability, the burden of proof shifts to the Commissioner to show at step five that the

claimant retains the capacity to perform other work available in the national economy, in

light of the claimant’s age, education, and work experience. Id.

Here, the ALJ determined at step one that Plaintiff engaged in substantial gainful

activity from February 1, 2017 to February 28, 2017. (R. 18). There are no earnings

reported for Plaintiff after 2017; therefore, the ALJ found that there has been a continuous

12-month period during which the Plaintiff did not engage in substantial gainful activity

since the alleged onset date. Id. At step two, the ALJ determined that Plaintiff has the

following severe impairments: hypermobility of the joints, right shoulder impairment

status post-injury, autism spectrum disorder, depression, anxiety, and post-traumatic stress

disorder (PTSD). Id. The ALJ also found that Plaintiff’s impairments of side effects of

medication--including dizziness and nausea--are non-severe, as her medications were not

properly regulated and Plaintiff failed to adhere to medical advice of not taking medication

that caused stomach issues. Id. At step three, the ALJ found that Plaintiff’s physical and

mental impairments do not meet or equal the criteria for any listing. (R. 19). The ALJ

specifically noted Plaintiff’s physical impairments in connection with Listing 1.00

(Musculoskeletal System) and Listing 1.02 (major dysfunction of a joint(s) due to any

cause). Id.

With regard to mental impairments, the ALJ found that Plaintiff’s impairments do

not meet or medically equal the criteria of Listings 12.04 (Depressive, bipolar, and related

disorders), 12.06 (Anxiety and obsessive-compulsive disorders), and 12.15 (Trauma and

stressor-related disorders). Id. The ALJ discussed application of the “paragraph B”

criteria—four areas of mental functioning used to determine whether a claimant’s mental

impairments functionally equal a listing. (R. 19-22; see 20 C.F.R. § 404 Subpt. P App’x 1).

To satisfy the paragraph B criteria, a claimant’s mental impairments must result in at least

one extreme or two marked limitations in four areas of functioning. 20 C.F.R. § 404 Subpt.

P App’x 1. A marked limitation means that the claimant’s functioning in the area

independently, appropriately, effectively, and on a sustained basis is seriously limited. Id.

An extreme limitation means the inability to function independently, appropriately, or

effectively, and on a sustained basis. Id.

Here, the ALJ found that Plaintiff has a moderate limitation in each of the four

paragraph B domains: understanding, remembering, or applying information; interacting

with others; concentrating, persisting, or maintaining pace; and adapting or managing

oneself. (R. 19-21). Because Plaintiff does not have at least one extreme or two or more

marked limitations, her mental impairments do not meet or medically equal the criteria of

the Listings. (R. 22). Finally, the ALJ also addressed the “paragraph C” criteria for “serious

and persistent mental disorders,” see Listing 12.00A(2)(c), and determined that they are not

satisfied. Id. In accordance with these findings, the ALJ proceeded to step four.

At step four, the ALJ determined that Plaintiff has the RFC

to lift and/or carry up to 20 pounds occasionally and up to 10

pounds frequently. She is able to stand and/or walk at least six

hours in an eight-hour workday and sit at least six hours in an

eight-hour workday. She should avoid work above the

shoulder level. She should work in a temperature-controlled

environment (as controlled as an ordinary Wal-Mart). She is

able to perform simple, repetitive tasks. She occasionally is

able to interact with co-workers and supervisors. She should

not work with the public.

Id. In making his finding, the ALJ considered all symptoms and the extent to which these

symptoms can reasonably be accepted as consistent with the objective medical evidence

and other evidence, based on the requirements of 20 C.F.R. §§ 404.1529 and 416.929 and

SSR 16-3p. Id. The ALJ also considered medical opinion(s) and prior administrative

medical finding(s) in accordance with the requirements of 20 C.F.R. § 404.1520c and

416.920c. Id.

Citing the VE’s testimony as to a hypothetical person with Plaintiff’s RFC, the ALJ

found that Plaintiff is unable to perform her past relevant work. (R. 33). Accordingly, the

ALJ proceeded to step five. Based on the VE’s testimony as to a hypothetical person with

Plaintiff’s age, education, work experience, and RFC, the ALJ found that Plaintiff can

perform the requirements of representative occupations, including:

Silver wrapper, light exertion, unskilled, specific vocational preparation

(SVP) level 1, DOT # 318.687-018, with 34,627 jobs existing in the national

economy;

Hand packer, light exertion, unskilled, SVP level 2, DOT # 559.687-074,

with 81,905 jobs existing in the national economy; and

Collator operator, light exertion, unskilled, SVP 2, DOT # 208.685-010,

with 59,419 jobs existing in the national economy.

(R. 34). Accordingly, the ALJ concluded at step five that Plaintiff is not disabled. (R. 35).

Plaintiff’s Arguments

Plaintiff argues that the ALJ’s mental RFC determination is not supported by

substantial evidence, as he failed to include the proper limitation in his mental RFC

assessment for Plaintiff’s social interaction impairments.2 The Commissioner contends

that the ALJ’s mental RFC determination adequately addresses Plaintiff’s limitations, is

based on medical evidence in the record, and is supported by substantial evidence.

Discussion

Plaintiff argues that the ALJ’s mental RFC determination is not supported by

substantial evidence and is inconsistent with the record as a whole. Specifically, Plaintiff

argues the ALJ failed to include a limitation for social interaction with coworkers and

supervisors that is consistent with prior administrative medical findings and medical

opinions of Plaintiff’s medical providers. In support, Plaintiff cites evidence in the record

that she had significant difficulties sustaining appropriate social interactions or completing

tasks when social interactions were necessary. Plaintiff’s brief cites the following

examples: significant anxiety, especially in public (citing R. 664); poor social skills (citing

R. 663); problems with social cues (citing R. 654); significant symptoms of anxiety and

social withdrawal (citing R. 634); angry mood with aggressive behaviors (citing R. 616-

17); struggles to be around others because she will blurt things out at people (citing R.

608); and excessive motor activity and admitted to believing people were against her

2 Plaintiff’s challenges in this appeal relate only to the ALJ’s mental RFC

determination. (See Pl.’s Br., Doc. 18 at 6-7). Accordingly, this opinion focuses on the

relevant evidence relating to Plaintiff’s mental impairments.

(citing R. 329). (See Doc. 18, p. 7). As Plaintiff’s arguments relate to how the ALJ weighed

the medical evidence when assessing the Plaintiff’s mental RFC, the discussion below

addresses the ALJ’s treatment of the prior administrative medical findings and medical

opinions in the record.

Mental RFC Determination

A. Prior Administrative Findings

Plaintiff asserts the ALJ ignored the prior administrative medical findings of state

agency reviewing experts Debby Doughty, Ph.D. and Gary Lindsay, Ph.D., which support

a more restrictive RFC limitation for social interaction with coworkers and supervisors. In

support, Plaintiff cites the opinion of Dr. Doughty that Plaintiff could “relate to supervisors

and peers on a superficial work basis.” (See Pl.’s Br., Doc. 18 at 10) (citing R. 84). Plaintiff

also cites the opinion of Dr. Lindsay that Plaintiff would do best in a setting where she

could work “mostly alone.” Id. (citing R. 122). Plaintiff argues the ALJ’s limitation of

“occasional” social interaction is less restrictive than the “superficial” social interaction

limitation opined by Dr. Doughty and the opinion of Dr. Lindsay that she should work

“mostly alone.” Further, Plaintiff contends that while the ALJ found the prior

administrative medical findings of Dr. Doughty and Dr. Lindsay persuasive and consistent

with medical evidence in the record, he nonetheless assessed a social interaction limitation

that was less restrictive and inconsistent with the findings he found persuasive.

The ALJ’s decision must articulate how he considered the medical opinions or prior

administrative medical findings from each medical source. 20 C.F.R. § 404.1520c(b)(1).3

The most important factors for the ALJ to consider are supportability and consistency, and

the ALJ’s decision must explain how he considered those factors in determining

persuasiveness of a medical source’s medical opinions or prior administrative medical

findings. Id. § 404.1520c(b)(2).4 In his decision, the ALJ cites the opinion of Dr. Doughty

that Plaintiff “could perform simple tasks with routine supervision,” she “could relate to

supervisors and peers on a superficial work basis,” she “could not relate to the general

public,” and she “could adapt to a work situation.” (R. 31). The ALJ also cites the opinion

of Dr. Lindsay that Plaintiff “would have difficulty with interpersonal relations due to her

mental condition and would perform better in jobs with limited requirements to interact

with co-workers,” she “would not interact well with the public,” and she “could work with

normal supervision in a setting where the claimant could work mostly alone.” Id.

The opinions of Dr. Doughty and Dr. Lindsay clearly reflect that Plaintiff should be

limited in her interactions with coworkers and supervisors and should have no interaction

with the general public. The ALJ states he found the opinions of Dr. Doughty and Dr.

Lindsay persuasive and consistent with the evidence in the record. Id. The ALJ explained,

3 For claims filed on or after March 27, 2017, such as Plaintiff’s claim here, the

Commission does not “defer or give any specific evidentiary weight, including controlling

weight, to any medical opinions.” 20 C.F.R. § 404.1520c(a).

4 The ALJ must also consider the medical source’s relationship with the claimant,

specialization, and other factors, but the ALJ’s decision is not required to specifically

address those additional factors. Id. § 404.1520c(c).

based on factors of consistency and supportability, why he found the opinions of Dr.

Doughty and Dr. Lindsay persuasive. As such, the ALJ agreed that Plaintiff’s social

interaction impairments require additional limitations, but those limitations are not

disabling. Accordingly, the ALJ included limitations in Plaintiff’s mental RFC that she is

only able to occasionally interact with coworkers and supervisors and she should not work

with the public. (R. 22).

To support the assessment for a limitation of “occasional” social interaction, the ALJ

cites Plaintiff’s own statements and treatment records from her other mental health

providers. Specifically, the ALJ notes, “[t]he claimant reported that she is independent in

her activities of daily living and able to maintain her household,” and “[t]he claimant

indicated that she did not have episodes that required inpatient hospitalization.” (R. 31).

The ALJ further notes that Plaintiff’s Adult Function Report dated February 28, 2019 states

she “went to stores approximately three times per week”. (R. 20). (citing Exhibit 5E, p.4).

Plaintiff reported that “she sometimes went to the casino, but did not spend as long there

as she had previously”, and “she went to a genealogy meeting once a month and went to

church monthly.” Id. (citing Exhibit 5E, p.5). The ALJ notes that Plaintiff testified that

“if she did not have to do any heavy lifting and did not have to work with customers, she

could return to work.” (R. 23). The ALJ also noted that Plaintiff testified that “[i]f she had

her physical capabilities, she could work; but she was told that they could not fix her

shoulder.” Id.

Below is an excerpt of Plaintiff’s hearing testimony in response to the ALJ’s

questioning:

Q (by ALJ): “So, let’s say if you didn’t have – if your pain was

fixed, you know, if you didn’t have your physical problems,

could you go back to stocking the shelves and doing the kind

of work you used to do?

A: If I could do the heavy lifting and I didn’t have to work

with the customers.

(R. 61). The Plaintiff had similar responses to questions from her attorney:

Q (by attorney): “So, if you were in more of an environment

where you weren’t--dealing with public, so, like, not the floor

of a busy shopping mall, and not, you know, like at a cashier

where you’re dealing with customers, but you’ve got your own

group of coworkers and supervisors that are kind of doing their

own thing, you’re not working teamwork-type tasks, you’ve all

got your own duties as part of a bigger whole; do you think

you’d be able to work in a setting more like that? Or do you

think that you would still have difficulties if we were to restrict

you to that kind of setting?

A: Well, I did that kind of stuff, but most of the time worked

by myself, so I did better”.

Q: Do you have a reason to believe that you would not work

well? I understand that you prefer to work by yourself, but is

there a reason that wouldn’t be able to work in the setting I’ve

described?

A: If all my physical capabilities were back, I probably could

if it was a, you know, decent environment and stuff, but they’ve

told me that they can’t fix things like my shoulder and my back.

You know, I haven’t seen any light at the end of the tunnel.

(R. 62-63). The ALJ’s characterization of Plaintiff’s testimony is consistent with her

hearing testimony. Further, Plaintiff’s testimony indicates that she finds her physical

impairments, and not her mental limitations, are the deterrents preventing her return to

work.

The ALJ’s RFC assessment is further supported by and consistent with treatment

records from Larry Gantt, LPC. For example, the ALJ cited the August 5, 2019 counseling

session with Counselor Gantt where he reported the “claimant’s mood was euthymic, her

affect was appropriate, her attention span was good, and her thought process was linear.”

(R. 28-29) (citing Exhibit 12F, p.43). Counselor Gantt also noted that Plaintiff reported

that her moods had been “okay,” and she had participated in fun activities with a friend.

Id. The ALJ noted the January 27, 2020 counseling session with Counselor Gantt again

reported that Plaintiff’s mood was euthymic, her affect was appropriate, her attention span

was good, and her thought process was linear. (R. 29) (citing Exhibit 12F, p. 23).

Counselor Gantt also noted that Plaintiff reported her moods had been “pretty good” and

she was able to go to a concert with a friend. Id.

Despite using different terminology, the ALJ’s RFC assessment for a limitation of

“occasional” social interaction is generally consistent with the opinions of Dr. Doughty

and Dr. Lindsay and supported by substantial evidence in the record. Further, “exact

correspondence between a medical opinion and the mental RFC is not required.” Wells v.

Colvin, 727 F.3d 1061, 1071 (10th Cir. 2013) (citing Chapo v. Astrue, 682 F.3d 1285, 1288

(10th Cir.2012) (“[T]here is no requirement in the regulations for a direct correspondence

between an RFC finding and a specific medical opinion on the functional capacity in

question,” because “the ALJ, not a physician, is charged with determining a claimant’s

RFC from the medical record” (alteration and internal quotation marks omitted))).

Moreover, the undersigned finds the mental RFC determination is supported by substantial

evidence, as evidenced by Plaintiff’s statements and the medical evidence outlined above.

Therefore, the undersigned finds the ALJ evaluated the prior administrative medical

findings as the new regulations require. Thus, the Court finds no reversible error regarding

the ALJ’s consideration of the prior administrative medical findings.

B. Medical Opinion of Peggy Beck, LSCSW

Plaintiff argues the ALJ improperly evaluated the medical opinion of therapist Peggy

Beck which supports a more restrictive social interaction limitation than accounted for in

the mental RFC assessment. Plaintiff focuses on the March 14, 2019 medical source

statement (MSS) of Counselor Peggy Beck, which opined that Plaintiff “was markedly

limited in her ability to: work in coordination with or proximity to others without being

distracted by them; complete a normal workday and workweek without interruption from

psychologically based symptoms and to perform at a consistent pace without an

unreasonable number and length of rest periods; and ask simple questions or request

assistance.” (See Pl.’s Br., Doc. 18 at 4) (citing R. 327). Ms. Beck also opined that Plaintiff

“was extremely limited in her ability to: interact appropriately with the general public;

accept instructions and respond appropriately to criticism from supervisors; get along with

coworkers or peers without distracting them or exhibiting behavioral extremes; maintain

socially appropriate behavior and to adhere to basic standards of neatness and cleanliness;

and respond appropriately to changes in the work setting.” Id.

In his decision, the ALJ considered the opinion of Counselor Beck and found it to be

unpersuasive. (R. 31-32). Specifically, the ALJ found the extreme limitations assessed by

Counselor Beck were not consistent with her own treatment and progress notes, treatment

notes from other mental health providers, or Plaintiff’s own testimony. (R. 32). For

example, the ALJ cited the December 7, 2018 appointment where Counselor Beck stated

the Plaintiff was oriented, cooperative, and had adequate grooming and hygiene. (R. 26).

(citing Exhibit 14F, p. 24). Counselor Beck also stated that Plaintiff’s attention was

adequate, her thought content was congruent, her memory was intact, and her motor

activity was normal/calm. Id. Counselor Beck described Plaintiff’s mood as angry and

her affect was congruent, and her thought content was congruent with mood and

circumstance; however, Counselor Beck reported that Plaintiff’s insight and judgment

were normal. Id. The ALJ cited the March 11, 2019 therapy appointment with Counselor

Beck which reported Plaintiff was oriented, had adequate grooming, was cooperative,

mood was euthymic, and she made adequate eye contact. (R. 27). (citing Exhibit 14F,

p.14). Counselor Beck also reported Plaintiff’s impulse control was stable, and her insight

and judgment were normal. Id. (p. 15). The ALJ cited the March 25, 2019 therapy session

with Counselor Beck which reported Plaintiff was neatly dressed and groomed, her

attention was adequate, she was oriented, cooperative, her mood was euthymic, and she

made adequate eye contact. Id. (p.12). Counselor Beck also reported Plaintiff’s memory

appeared congruent, her thought content was congruent with mood and circumstance and

indicated her insight and judgment were normal. (R. 27-28). (citing Exhibit 14F, p. 12-

13).

The Plaintiff’s statements and mental examination records from Counselor Gantt, as

outlined above, also support the ALJ’s finding that Counselor Beck’s opinion is not

persuasive. “The record must demonstrate that the ALJ considered all of the evidence, but

an ALJ is not required to discuss every piece of evidence. Rather, in addition to discussing

the evidence supporting [the] decision, the ALJ also must discuss the uncontroverted

evidence he chooses not to rely upon, as well as significantly probative evidence he

rejects.” Mays v. Colvin, 739 F.3d 569, 576 (10th Cir. 2014) (quoting Clifton v. Chater, 79

F.3d 1007, 1009-10 (10th Cir. 1996)). Here, the ALJ properly considered the opinion of

Counselor Beck and explained why he found it unpersuasive due to the lack of

supportability and consistency in the record. Further, even if the evidence could support a

different finding, the Court cannot displace the agency’s choice between two fairly

conflicting views. See Oldham v. Astrue, 509 F.3d 1254, 1257–58 (10th Cir. 2007).

Plaintiff’s argument simply invites the Court to improperly re-weigh the evidence. See

Noreja, 952 F.3d at 1178; see also Lax, 489 F.3d at 1084. Thus, the Court finds no

reversible error regarding the ALJ’s consideration of the opinion of Counselor Beck.

C. Step Five

Plaintiff lastly argues that the VE testified that the inability for Plaintiff to be around

coworkers or supervisors would erode the job base. (See Pl.’s Br., Doc. 18 at 12) (citing R.

69). The restriction that Plaintiff should have no interaction with coworkers or supervisors

is not supported by the medical record. As outlined above, both Dr. Doughty and Dr.

Lindsay opined that Plaintiff was only limited in her ability to be around coworkers or

supervisors and neither doctor opined that she is unable to be around coworkers or

supervisors altogether. Therefore, the Court finds this argument has no merit.

Furthermore, the three jobs the VE found that Plaintiff was capable of performing at step

five require little social interaction.> All three jobs have a people rating of 8, indicating

“the lowest possible level of human interaction that exists in the labor force.” Lane y.

Colvin, 643 F. App’x 766, 770 (10th Cir. 2016). Therefore, the Court finds the ALJ’s

findings at step five are supported by substantial evidence.

Conclusion

The undersigned finds that the ALJ’s decision is supported by substantial evidence

based on the applicable legal standards. Accordingly, the decision of the Commissioner

finding Plaintiff not disabled is affirmed.

SO ORDERED this 21st day of December, 2021.

Christine D. Little

United States Magistrate Judge

5 According to Appendix B of the DOT, the fifth number of the nine-digit code

reflects the job’s relationship to people. Dictionary of Occupational Titles, App. B—

Explanation of Data, People, & Things, 1991 WL 688701. The DOT rates the amount of

interaction with people on a scale of 0-8, with 8 representing the lowest possible level of

human interaction that exists in the labor force. That ranking describes the need to take

instructions as only “[a]ttending to the work assignment instructions or orders of

supervisor” with “[n]o immediate response required unless clarification of instructions or

orders is needed.” /d. Even more specifically, the DOT entries for silver wrapper, hand

packer, and collator operator describe the amount of “[t]aking [i]nstructions” required as

“(not [slignificant.” DOT 318.687-018, 1991 WL 672757; DOT 559.687-074, 1991 WL

683797; DOT 208.685-010, 1991 WL 671753. Thus, these job descriptions are consistent

with Plaintiff's argument for “superficial” contact with supervisors and co-workers.

16

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