Opinion

Mitchell v. Commissioner of Social Security

Court
District Court, M.D. Tennessee
Filed
Feb 6, 2023
Cited by
0 cases
Authority
More cited than 29.7%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

STEPHANIE MITCHELL, )

)

Plaintiff, )

) NO. 3:21-cv-00408

v. ) JUDGE RICHARDSON

)

COMMISSIONER OF SOCIAL )

SECURITY, )

)

Defendant. )

Memorandum Opinion and Order

Pending before the Court is Plaintiff’s motion for judgment on the administrative record

(Doc. No. 23). On July 25, 2022, the Magistrate Judge issued a Report and Recommendation

(“R&R”), in which the Magistrate Judge recommended that Plaintiff’s motion be denied. (Doc.

No. 26). Plaintiff filed objections to the R&R. (Doc. No. 27). Defendant did not file a response.

When a Magistrate Judge issues a report and recommendation regarding a dispositive

pretrial matter, the district court must review de novo any portion of

the report and recommendation to which a proper objection is made. Fed. R. Civ. P. 72(b)(3). The

district judge may accept, reject, or modify the recommended disposition, review further evidence,

or return the matter to the magistrate judge with instructions. Id. Fed. R. Civ. P. 72(b)(2) provides

that a party may file “specific written objections” to a report and recommendation, and Local Rule

72.02(a) provides that such objections must be written and must state with particularity the specific

portions of the Magistrate Judge’s report or proposed findings or recommendations to which an

objection is made.1

Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b)(3), the Court has reviewed

the Report and Recommendation, the Objections, and the file. For the reasons set forth below, the

Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and

approved.

BACKGROUND2

The allegations and relevant procedural history are adequately stated in the R&R and need

not be repeated in full here. The Court, however, provides below a brief overview of the same here

for the purposes of resolving Plaintiff’s motion.

Plaintiff filed this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to obtain judicial

review of the Social Security Administration’s denial of her claim for Disability Insurance Benefits

(“DIB”) and Supplemental Security Income (“SSI”) as provided under Titles II and XVI,

respectively, of the Social Security Act. (Doc. No. 26 at 1). Plaintiff alleges that she became unable

to work beginning on August 12, 2016 due to vision problems, irregular hormone levels,

polymyalgia rheumatica, knee pain, diabetes, attention-deficit hyperactivity disorder (“ADHD”),

bipolar disorder, anxiety, and depression. (Id. at 2). Plaintiff filed for DIB on March 16, 2018 and

for SSI on August 7, 2018, but both applications were denied initially and upon reconsideration.

(Id.). Upon her request, the ALJ held a hearing, and thereafter denied her claim. (Id.). The Appeals

1 The Local Rule also provides that any objections must be accompanied by sufficient documentation

including, but not limited to, affidavits, pertinent exhibits, and if necessary, transcripts of the record to

apprise the District Judge of the bases for the objections. Local Rule 72.02(a). Also, a separately filed

supporting memorandum of law must accompany the objections. Id. Plaintiff did not file her objections

separately from a memorandum of law in support of those objections, and instead filed one document

(which the Court has dubbed “[the] Objections”) in response to the R&R.

2 The facts set forth herein are taken primarily from the R&R and are undisputed unless otherwise stated.

Council denied Plaintiff’s request to review the ALJ’s decision, rendering the ALJ’s decision the

final decision of the Commissioner and fit for this Court’s review upon Plaintiff’s filing of this

action. (Id.).

As explained by the Magistrate Judge, the Commissioner has a five-step sequential

evaluation process for determining whether a claimant is disabled:

(i) At the first step, we consider your work activity, if any. If you are doing

substantial gainful activity, we will find that you are not disabled. []

(ii) At the second step, we consider the medical severity of your impairment(s).

If you do not have a severe medically determinable physical or mental

impairment that meets the duration requirement in § 404.1509, or a

combination of impairments that is severe and meets the duration

requirement, we will find that you are not disabled. []

(iii) At the third step, we also consider the medical severity of your

impairment(s). If you have an impairment(s) that meets or equals one of our

listings in appendix 1 of this subpart and meets the duration requirement,

we will find that you are disabled. []

(iv) At the fourth step, we consider our assessment of your residual functional

capacity [“RFC”] and your past relevant work. If you can still do your past

relevant work, we will find that you are not disabled. See paragraphs (f) and

(h) of this section and § 404.1560(b).

(v) At the fifth and last step, we consider our assessment of your residual

functional capacity and your age, education, and work experience to see if

you can make an adjustment to other work. If you can make an adjustment

to other work, we will find that you are not disabled. If you cannot make an

adjustment to other work, we will find that you are disabled.

(Id. at 4 (citing 20 C.F.R. § 404.1520(a)).

As explained by the Magistrate Judge, the ALJ found that Plaintiff was not presumptively

disabled at step three because she did not have an impairment or combination of impairments that

met or medically equals the severity of those listed in 20 C.F.R. Part 404, Appendix 1. (Doc. No.

26 at 5). The Magistrate Judge goes on to explain that the ALJ then found that Plaintiff was not

disabled because she is able to perform past relevant work as a receptionist. (Id.).

LEGAL STANDARD

The ultimate questions before a district court in reviewing a decision by an ALJ are whether

the ALJ’s determination was supported by substantial evidence and whether the ALJ applied the

correct legal standards. Shelton v. Saul, No. 2:18-cv-00093, 2020 WL 1284628, at *2 (M.D. Tenn.

Mar. 18, 2020) (citing 42 U.S.C. § 405(g)). The court conducts its review under a “highly

deferential” substantial-evidence standard. Jones v. Berryhill, 392 F. Supp. 3d 831, 838 (M.D.

Tenn. 2019). The phrase “substantial evidence” is a “term of art” used throughout administrative

law to describe how courts are to review agency factfinding. Biestek v. Berryhill, 139 S. Ct. 1148,

1154 (2019).

Under the “substantial evidence” standard, a court looks to an existing administrative

record and asks whether it contains “sufficient evidence” to support the agency’s factual

determinations. Biestek, 139 S. Ct. at 1154. And, whatever the meaning of “substantial” in other

contexts, the threshold for such evidentiary sufficiency is not high. Id. Substantial evidence is

“more than a mere scintilla” and means such relevant evidence as a reasonable mind might accept

as adequate to support a conclusion. Id.; Shelton, 2020 WL 1284628, at *2; see also Rottman v.

Comm’r of Soc. Sec., No. 19-2205, slip op. at 3 (6th Cir. June 19, 2020). The standard amounts to

“less than a preponderance of the evidence,” and is met even if the record could reasonably support

the opposite conclusion. Brown v. Comm’r of Soc. Sec., 814 F. App’x 92, 95 (6th Cir. 2020)

(quoting Biestek, 139 S. Ct. at 1154). “Therefore, if substantial evidence supports the ALJ’s

decision, this Court defers to that finding ‘even if there is substantial evidence in the record that

would have supported an opposite conclusion.’” Jones, 392 F. Supp. 3d at 838 (quoting Blakley v.

Comm’r of Soc. Sec., 581 F.3d 399, 406 (6th Cir. 2009)). Additionally, even if the ALJ makes a

factual error while reaching her conclusion, the reviewing court will deem the error harmless and

uphold the ALJ’s decision “[s]o long as there remains substantial evidence supporting the ALJ’s

conclusions” and the error does not negate the validity of the ALJ’s ultimate conclusion. Ulman v.

Comm’r of Soc. Sec., 693 F.3d 709, 714 (6th Cir. 2012).

DISCUSSION

Objection 1

Plaintiff argues that the Magistrate Judge’s conclusion that the ALJ’s residual function

capacity (“RFC”) decision was supported by substantial evidence is incorrect. (Doc. No. 27).

Specifically, Plaintiff asserts that the ALJ did not properly articulate the importance of

supportability and consistency in weighing the medical opinions offered at the hearing. (Doc. No.

27 at 2). Plaintiff further faults the ALJ for finding that the opinion of Dr. Indukuri, Plaintiff’s

treating psychiatrist, was not persuasive.3 (Id.). In Plaintiff’s view, the ALJ selectively read the

administrative record to support his conclusions. (Id.).

As correctly articulated by the Magistrate Judge, C.F.R. § 404.1520c(a) states that the

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

to any medical opinion(s) or prior administrative medical finding(s), including those from your

medical sources.” 20 C.F.R. § 404.1520c(a). The regulation further states that:

When a medical source provides one or more medical opinions or

prior administrative medical findings, we will consider those

medical opinions or prior administrative medical findings from that

medical source together using the factors listed in paragraphs (c)(1)

3 The caption of Plaintiff’s first objection suggests that Plaintiff intends also to challenge the Magistrate

Judge’s consideration of how the ALJ evaluated Megan Snider’s opinion. (Doc. No. 27 at 1). However,

Plaintiff provides no argument in her objections as to how the Magistrate Judge improperly evaluated the

ALJ’s consideration of Ms. Snider’s opinion. Therefore, the Court declines to construe Plaintiff’s objection

as raising an issue as to the Magistrate Judge’s consideration of the ALJ’s evaluation of Ms. Snider’s

opinion.

through (c)(5) of this section, as appropriate. The most important

factors we consider when we evaluate the persuasiveness of medical

opinions and prior administrative medical findings are

supportability (paragraph (c)(1) of this section) and consistency

(paragraph (c)(2) of this section). We will articulate how we

considered the medical opinions and prior administrative medical

findings in your claim according to paragraph (b) of this section.

Id. (emphasis added). In her objection, Plaintiff contends that the ALJ was wrong to focus on the

fact that Dr. Indukuri “wrote that Plaintiff’s symptoms were mild, and she had normal long term

and short-term memory with normal perception.” (Doc. No. 27 at 2). Plaintiff argues that this is

an “overly concise” and “selective reading of the record.” (Id.). Significantly, Plaintiff does not

point the Court to any part of the record that stands in contrast with these observations by Dr.

Indukuri, so as to suggest that the ALJ focused on cherry-picked pro-Defendant observations to

the exclusion of countervailing pro-Plaintiff observations by Dr. Indukuri. In any event, the Court

has reviewed the ALJ’s decision and finds that it is supported by substantial evidence.

The ALJ carefully reviewed the medical opinions in this case. The decision reflects that

the ALJ agreed with several of the opinions of Plaintiff’s treating physicians. (Doc. No. 18 at 27).

Dr. Indukuri, however, had provided an opinion that was inconsistent with his own treatment notes

and with the objective medical evidence on the record. (Id.). Dr. Indukuri determined that Plaintiff

had “poor use of ability to perform activities of daily living, social functioning, concentration,

persistence and pace in adaptation.” (Id. at 26). And he determined that based on these observations

and Plaintiff’s depression, cognitive impairments, inattention, and panic attacks, Plaintiff could

not be expected to work a traditional 40-hour work week. (Id.). The ALJ rejected these

determinations of Dr. Indukuri’s, however, explaining that Dr. Indukuri’s own mental status

examinations demonstrate that Plaintiff was able to “interpret proverbs, perform simple

calculations, respond to serial sevens tests, and recognize similarities and differences.” (Id. at 27–

28 (citing Exhibit 5F)). The ALJ also pointed out that Dr. Indukuri’s notes reflect that Plaintiff’s

inattention was mild. (Id. 28).

As discussed above, the governing regulations require ALJs to consider supportability and

consistency—as the most important factors, no less—in weighing the persuasiveness of medical

opinions. And that is exactly what the ALJ did here with respect to Dr. Indukuri’s opinion. The

Court finds that the ALJ properly considered the factors of supportability and consistency in

considering Dr. Indukuri’s opinion, and that the RFC decision was supported by substantial

evidence. Plaintiff’s objection is therefore overruled.

Objection 2

Plaintiff next objects to the Magistrate Judge’s conclusion that there was substantial

evidence to support the ALJ’s rejection of Plaintiff’s testimony regarding her symptoms. (Doc.

No. 27 at 3). Plaintiff contends that ALJs cannot merely provide blanket assertions that a claimant

is not believable to support denial of benefits. (Id.).

As the Magistrate Judge explains, an ALJ is required to consider a claimant’s statements

“about the intensity, persistence, and limiting effects of the symptoms” and “evaluate whether the

statements are consistent with the objective medical evidence and other evidence.” (Doc. No. 26

at 11 (quoting SSR-16 3, 2017 WL 5180304, at *5 (Oct. 25, 2017)). The ALJ relies on seven

factors in its evaluation:

1. Daily activities; 2. The location, duration, frequency, and intensity of pain or

other symptoms; 3. Factors that precipitate and aggravate the symptoms; 4. The

type, dosage, effectiveness, and side effects of any medication an individual

takes or has taken to alleviate pain or other symptoms; 5. Treatment, other than

medication, an individual receives or has received for relief of pain or other

symptoms; 6. Any measures other than treatment an individual uses or has used

to relieve pain or other symptoms (e.g., lying flat on his or her back, standing

for 15 to 20 minutes every hour, or sleeping on a board); and 7. Any other

factors concerning an individual's functional limitations and restrictions due to

pain or other symptoms.

See SSR-16 3, 2017 WL 5180304, at *5 (Oct. 25, 2017)). Further, as explained in detail by the

Magistrate Judge, although the regulations no longer contain the word “credibility” to describe

how ALJs should evaluate the claimant’s statements, courts have interpreted this alteration of the

regulation as merely noting that the ALJ’s evaluation of the claimant’s testimony is not meant as

an examination claimant’s character; the alteration does not prevent the ALJ from making a

reasonable determination of the reliability of the claimant’s testimony considering additional

evidence on the record. (Doc. No. 26 at 12). In other words, ALJs are still permitted to make

reliability determinations regarding claimant’s statements regarding their symptoms.

In her second objection, Plaintiff explains that she testified to her knee pain brought on by

arthritis. (Doc. No. 27 at 3). She also discusses the tingling in her hands and arms caused by her

fibromyalgia, and the difficulties that she experiences in moving her extremities on account of the

pain. (Id.). In terms of performing daily functions, Plaintiff explains that she testified that these

issues prevent her from being able to type and climb stairs (Id.). The ALJ, however, found that

Plaintiff’s statements at the hearing were “not entirely consistent with the medical evidence and

other evidence in the record . . . .” (Doc. No. 18 at 24). The ALJ pointed out the “overwhelming

imaging and x-rays of the right knee and lumbar spine reveal only mild/minimal findings

throughout the medical evidence of record.” (Id.). Further, as explained by the ALJ, the record

reflects that as recent as February 2019, Plaintiff ranked her pain as low as a 4 to 5 out of 10 and

as “unremarkable on mental status examination.” (Id.). In late February, Plaintiff was evaluated

by a physical therapist for difficulties with her right knee, and it was noted that her “rehab potential

was excellent . . . .” (Id. at 25).

Although Plaintiff attempts to direct the Court to other parts of the record to support her

statements that she suffers from hand and knee pain, the substantial evidence standard requires the

Court to determine whether the ALJ had sufficient evidence to support the conclusion to deny

Plaintiff's DIB request. In other words, even if Plaintiff can identify information in the record that

could lead reasonable minds to disagree as to the ALJ’s conclusion—and indeed even if the

undersigned on balance were to disagree with the ALJ’s conclusion—this 1s insufficient under the

substantial evidence standard to overturn the Magistrate Judge’s, and in turn, the ALJ’s decision.

And as the Magistrate Judge points out, Plaintiff does not challenge “‘any of the evidence cited by

the ALJ, which is fatal to her argument.” (Doc. No. 26 at 14).

The ALJ properly relied on contradicting evidence in the record to discount the reliability

of Plaintiffs statements regarding the intensity, persistence, and limiting effects of her symptoms.

The Magistrate Judge therefore was correct to find that substantial evidence supports the ALJ’s

decision. Plaintiff's objection is thus overruled.

CONCLUSION

For the reasons discussed herein, Plaintiff’s objections are overruled, and the Court adopts

the Magistrate Judge’s Report and Recommendation. (Doc. No. 26). Accordingly, Plaintiff's

motion for judgment on the administrative record (Doc. No. 23) is DENIED.

This is the final order in this case. All relief being denied, the Clerk of the Court is ordered

to enter final judgment under Federal Rule of Civil Procedure 58.

IT IS SO ORDERED.

Chi Richardson

ELI RICHARDSON

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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