Opinion

BROOKS v. KIJAKAZI

Court
District Court, W.D. Pennsylvania
Filed
Mar 29, 2024
Cited by
0 cases
Authority
More cited than 29.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SEAN M. BROOKS, )

)

Plaintiff, )

)

v. ) Civil Action No. 23-253

)

MARTIN O’MALLEY, 1 )

Commissioner of Social Security, )

)

Defendant. )

O R D E R

AND NOW, this 29th day of March, 2024, upon consideration of the parties’

cross-motions for summary judgment, the Court, upon review of the Commissioner of Social

Security’s final decision denying Plaintiff’s claim for disability insurance benefits under

Subchapter II of the Social Security Act, 42 U.S.C. § 401 et seq., finds that the Commissioner’s

findings are supported by substantial evidence and, accordingly, affirms. See 42 U.S.C. §

405(g); Biestek v. Berryhill, 139 S. Ct. 1148, 1153-54 (2019); Jesurum v. Secretary of U.S. Dep’t

of Health & Human Servs, 48 F.3d 114, 117 (3d Cir. 1995) (citing Brown v. Bowen, 845 F.2d

1211, 1213 (3d Cir. 1988)). See also Berry v. Sullivan, 738 F. Supp. 942, 944 (W.D. Pa. 1990)

(if supported by substantial evidence, the Commissioner’s decision must be affirmed, as a federal

1 Martin O’Malley is substituted as the defendant in this matter, replacing former Acting

Commissioner Kilolo Kijakazi pursuant to Federal Rule of Civil Procedure 25(d) and 42 U.S.C.

§ 405(g).

court may neither reweigh the evidence, nor reverse, merely because it would have decided the

claim differently) (citing Cotter v. Harris, 642 F.2d 700, 705 (3d Cir. 1981)).2

2 It is important in this case to remember that the period of time at issue is very limited, as

Plaintiff’s alleged onset date was September 15, 2020, and his date last insured was September

30, 2020. Plaintiff accordingly had to prove he was disabled within those dates. See 20 C.F.R. §

404.131. The reason for this very small window is in large part due to the fact that Plaintiff had

filed a prior claim for benefits that was denied on June 24, 2020, and that was not re-opened. (R.

81-93). Although the Administrative Law Judge (“ALJ”) was required to – and did – consider

the record as a whole, including evidence from outside the relevant time period, such evidence is

relevant only so far as it pertains to Plaintiff’s condition during the relevant period. See Ortega

v. Comm’r of Soc. Sec., 232 Fed. Appx. 194, 197 (3d Cir. 2007). With that understanding, the

Court finds that the ALJ’s decision that Plaintiff was not disabled during that period was

supported substantial evidence.

Much of Plaintiff’s lengthy brief constitutes a request for the Court to reconsider the

evidence and find that the ALJ erred in finding him not to be disabled. However, the Court

emphasizes at the outset that, if supported by substantial evidence, the Commissioner’s decision

must be affirmed, as a federal court may neither reweigh the evidence, nor reverse, merely

because it would have decided the claim differently. See Hartranft v. Apfel, 181 F.3d 358, 360

(3d Cir. 1999) (citing 42 U.S.C. § 405(g)); Monsour Med. Ctr. v. Heckler, 806 F.2d 1185, 1190-

91 (3d Cir. 1986); Berry, 738 F. Supp. at 944 (citing Cotter, 642 F.2d at 705). Moreover, “[t]he

presence of evidence in the record that supports a contrary conclusion does not undermine the

[ALJ’s] decision so long as the record provides substantial support for that decision.” Malloy v.

Comm’r of Soc. Sec., 306 Fed. Appx. 761, 764 (3d Cir. 2009). To the extent the Court is being

asked to come to its own conclusion based on the evidence, therefore, it declines to do so.

Though the fact that the ALJ’s well-crafted decision is supported by substantial evidence

needs little further explanation from this Court, the Court will address a few of the points raised

by Plaintiff. Plaintiff argues, for example, that the ALJ erred in finding that his migraine

headaches did not constitute a medically determinable impairment, and that his irritable bowel

syndrome (“IBS”), gastroesophageal reflux disease (“GERD”), right shoulder labrum tear, and

residuals of carpal and cubital tunnel syndromes were not “severe” impairments at Step Two of

the sequential analysis. The Court first notes that the ALJ discussed each of these conditions in

some detail during his Step Two analysis, finding that Plaintiff failed to produce evidence

relevant to the period at issue of consistent ongoing care for his migraines, and that the evidence

did not establish that Plaintiff’s IBS, GERD, right shoulder labrum tear, or carpal and cubital

tunnel syndrome significantly limited his ability to work during the relevant time.

However, regardless, the Step Two determination as to whether a claimant is suffering

from a severe impairment is a threshold analysis requiring the showing of only one severe

impairment. See Bradley v. Barnhart, 175 Fed. Appx. 87, 90 (7th Cir. 2006). In other words, as

long as a claim is not denied at Step Two, it is not generally necessary for the ALJ specifically to

have found any additional alleged impairment to be severe. See Salles v. Comm’r of Soc. Sec., 229

Fed. Appx. 140, 145 n.2 (3d Cir. 2007); Lee v. Astrue, Civ. No. 06-5167, 2007 WL 1101281, at *3

n.5 (E.D. Pa. Apr. 12, 2007); Lyons v. Barnhart, Civ. No. 05-104, 2006 WL 1073076, at *3 (W.D.

Pa. Mar. 27, 2006); Gerald v. Berryhill, No. 3:17-CV-00575, 2018 WL 7364649, at *5 (M.D. Pa.

Oct. 12, 2018), report and recommendation adopted, No. CV 3:17-575, 2019 WL 719829 (M.D.

Pa. Feb. 19, 2019). Since Plaintiff’s claim was not denied at Step Two, it does not matter whether

the ALJ correctly or incorrectly found these other conditions not to be severe impairments.

What matters is whether she properly accounted for any such issues in formulating

Plaintiff’s RFC. In assessing a claimant’s RFC, the ALJ “must consider limitations and restrictions

imposed by all of an individual’s impairments, even those that are not ‘severe.’” S.S.R. 96-8p,

1996 WL 374184, at *5 (S.S.A. July 2, 1996). See also 20 C.F.R. § 404.1545(a)(2). “While a ‘not

severe’ impairment(s) standing alone may not significantly limit an individual’s ability to do basic

work activities, it may – when considered with limitations or restrictions due to other impairments

– be critical to the outcome of a claim.” S.S.R. 96-8p at *5. Accordingly, merely because the ALJ

did not find these other conditions to be severe impairments does not mean that they could not still

have affected Plaintiff’s RFC. Here, though, the ALJ expressly discussed Plaintiff’s testimony

regarding his migraines, IBS, GERD, right shoulder labrum tear, and carpal and cubital tunnel

syndrome in explaining how she crafted the RFC. (R. 23-24).

The ALJ found Plaintiff’s statements regarding the intensity, persistence, and limiting

effects of his symptoms to be not entirely consistent with the record, emphasizing his minimal

and conservative treatment, and discussing objective medical evidence like clinical findings and

medical imaging evidence, as well as Plaintiff’s activities of daily living. (R. 24-25). Indeed, as

the Commissioner points out, much of Plaintiff’s limited treatment for these conditions occurred

well after his date last insured; for example, Plaintiff’s only documented treatment for migraines

occurred almost a year after the end of the relevant period. (R. 1665-68). Substantial evidence

supports the ALJ’s findings, and again, it is not the Court’s place to reweigh the evidence on this

point. It is further worth noting that the mere fact that Plaintiff may have been diagnosed with

migraines, IBS, GERD, right shoulder labrum tear, and carpal and cubital tunnel syndrome is not

really what matters; when determining the RFC, the issue is not whether a claimant has been

diagnosed with a specific condition, but what functional limitations the condition cause. See

Walker v. Barnhart, 172 Fed. Appx. 423, 426 (3d Cir. 2006). Other than very speculative claims

regarding the need for additional absences and off-task time, Plaintiff does not with any

specificity suggest what additional limitations should have been included in the RFC to account

for his conditions.

Plaintiff further argues that the ALJ incorrectly found that he did not meet Listing 12.04

or 12.06 at Step Three of the sequential analysis. He asserts that the ALJ’s finding that he had

moderate limitations in interacting with others is not supported by substantial evidence because

the evidence showed that he did not get along well with others. He, in fact, believes that this

evidence supports a finding that he was “extremely” limited in his ability to interact with others.

However, the ALJ adequately explained the basis for her finding; the fact that Plaintiff disagrees

and believes the evidence shows something else, as discussed above, is not sufficient to disturb

the ALJ’s findings. Indeed, Plaintiff’s position is based on no more than his own analysis of the

same evidence considered by the ALJ.

Therefore, IT IS HEREBY ORDERED that Plaintiff’s Motion for Summary

Judgment (Doc. No. 13) is DENIED and that Defendant’s Motion for Summary Judgment (Doc.

No. 19) is GRANTED as set forth herein.

s/Alan N. Bloch

United States District Judge

ecf: Counsel of record

Plaintiff also contends that the ALJ erred in finding that he had no limitation in adapting

and managing himself. However, because the ALJ found that Plaintiff had less than marked

limitations in the other three domains, to satisfy the requirements of Part B of either Listing

12.04 or 12.06, Plaintiff would have to prove that he had an extreme limitation in adapting and

managing himself. Accordingly, the question is not whether a finding of no limitations is

justified, but whether the ALJ erred in finding anything less than an extreme limitation. There is

no question that she did not. Moreover, the ALJ discussed Plaintiff’s claims regarding his

mental and social problems and accounted for these in formulating the RFC, which included

several restrictions about working with others or in stressful situations. (R. 21-22).

Plaintiff further questions how the ALJ could have found the opinions of the state

reviewing agents to be “somewhat persuasive” when, in large part, they found the evidence

insufficient to render an opinion. However, the ALJ explained that she considered evidence not

available to them in crafting the RFC, citing specific record evidence. (R. 25-26). This type of

“[s]urveying the medical evidence to craft an RFC is part of an ALJ’s duties.” Titterington v.

Barnhart, 174 Fed. Appx. 6, 11 (3d Cir. 2006). As discussed, the RFC was quite restrictive in

this case. The Court notes that, since there was no supplemental security income claim raised in

this case, and therefore no issue as to whether Plaintiff could qualify for disability benefits after

the insured period ended, there was no need to determine an RFC for before and after the date

that period ended. However, in any event, the vocational expert testified that Plaintiff could

perform the jobs listed assuming either RFC. (R. 62-65).

Throughout his brief, Plaintiff argues that the evidence demonstrates greater restrictions

than were included in his RFC, including in regard to interacting with others, maintaining

attendance, off-task time, and manipulative limitations. However, as noted above, the Court

cannot accept Plaintiff’s invitation to reweigh the evidence and reach its own conclusion. The

ALJ considered the combined effect of all of Plaintiff’s symptoms, and her decision is consistent

with the governing law and supported by substantial evidence, especially in light of the very

limited relevant time frame in this matter. The Court therefore will affirm.

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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