Opinion

HANDY v. KIJAKAZI

Court
District Court, M.D. North Carolina
Filed
Jan 31, 2022
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

DAVID WAYNE HANDY, )

)

Plaintiff, )

)

v. ) 1:20CV869

)

KILOLO KIJAKAZI, )

Acting Commissioner of Social Security,! )

)

Defendant. )

MEMORANDUM OPINION AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff David Wayne Handy (“Plaintiff”) brought this action pursuant to Sections

205(g) and 1631(c)(3) of the Social Security Act (the “Act’), as amended (42 U.S.C. §§ 405(g)

and 1383(c)(3)), to obtain judicial review of a final decision of the Commissioner of Social

Security denying his claims for Disability Insurance Benefits (“DIB”) and Supplemental

Security Income (“SSI”) under, respectively, Titles IT and XVI of the Act. The parties have

filed cross-motions for judgment, and the administrative record has been certified to the Court

for review.

1 Kilolo Kijakazi was appointed as the Acting Commissioner of Social Security on July 9, 2021. Pursuant to

Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted for Andrew M. Saul

as the Defendant in this suit. Neither the Court nor the parties need take any further action 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).

I. PROCEDURAL HISTORY

Plaintiff protectively filed applications for DIB and SSI on Match 22, 2017, alleging a

disability onset date of October 15, 2015 in both applications. (Tr. at 16, 281-94.)? His

applications were denied initially (T'r. at 96-121) and upon reconsideration (Tr. at 122-145).

Thereafter, Plaintiff requested an administrative hearing de novo before an Administrative

Law Judge (“ALJ”). (Tr. at 185-86.) On June 18, 2019, Plaintiff, along with his attorney,

attended the subsequent hearing, during which both Plaintiff and an impartial vocational

expert testified. (Tr. at 16.) Following the hearing, the ALJ concluded that Plaintiff was not

disabled within the meaning of the Act prior to October 1, 2018, but became disabled on that

date and continued to be disabled through the date of the administrative decision. (Tr. at 26.)

On July 20, 2020, the Appeals Council denied Plaintiffs request for review of the decision,

thereby making the ALJ’s conclusion the Commissioner’s final decision for purposes of

judicial review (Tr. at 1-6).

Il. LEGAL STANDARD

Federal law “authorizes judicial review of the Social Security Commissionet’s denial of

social security benefits.” Hines v. Barnhart, 453 F.3d 559, 561 (4th Cir. 2006). However, the

scope of review of such a decision is “extremely limited.” Frady v. Harris, 646 F.2d 143, 144

(4th Cir. 1981). “The courts are not to try the case de novo.” Oppenheim v. Finch, 495 F.2d

396, 397 (4th Cir. 1974). Instead, “a reviewing court must uphold the factual findings of the

AL] if they are supported by substantial evidence and were reached through application of the

2 Transcript citations refer to the Sealed Administrative Record [Doc. #9].

correct legal standard.” Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012) (internal

quotation omitted).

“Substantial evidence means ‘such relevant evidence as a reasonable mind might accept

as adequate to support a conclusion.” Hunter v. Sullivan, 993 F.2d 31, 34 (4th Cir. 1993)

(quoting Richardson v. Perales, 402 U.S. 389, 390 (1971)). “It consists of more than a mete

scintilla of evidence but may be somewhat less than a preponderance.” Mastro v. Apfel, 270

F.3d 171, 176 (4th Cir. 2001) (internal citations and quotation marks omitted). “If there is

evidence to justify a refusal to direct a verdict were the case before a jury, then there is

substantial evidence.” Hunter, 993 F.2d at 34 (internal quotation marks omitted).

“In reviewing for substantial evidence, the court should not undertake to re-weigh

conflicting evidence, make credibility determinations, or substitute its judgment for that of the

[ALJ].” Mastro, 270 F.3d at 176 (@nternal brackets and quotation marks omitted). “Where

conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled, the

responsibility for that decision falls on the ALJ.” Hancock, 667 F.3d at 472. “The issue before

[the reviewing court], therefore, is not whether [the claimant] is disabled, but whether the

AL)’s finding that [the claimant] is not disabled is supported by substantial evidence and was

reached based upon a correct application of the relevant law.” Craig v. Chater, 76 F.3d 585,

589 (4th Cir. 1996).

In undertaking this limited review, the Court notes that “[a] claimant for disability

benefits bears the burden of proving a disability.” Hall v. Harris, 658 F.2d 260, 264 (4th Cir.

1981). In this context, “disability” means the “inability to engage in any substantial gainful

activity by reason of any 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.” Id. (quoting 42 U.S.C. § 423(d)(1)(A)).?

“The Commissioner uses a five-step process to evaluate disability claims.” Hancock,

667 F.3d at 472 (citing 20 C-F.R. §§ 404.1520(a)(4); 416.920(a)(4)). “Under this process, the

Commissioner asks, in sequence, whether the claimant: (1) worked during the alleged period

of disability; (2) had a severe impairment; (3) had an impairment that met or equaled the

tequitements of a listed impairment; (4) could return to her past relevant work; and (5) if not,

could perform any other work in the national economy.” Id.

A finding adverse to the claimant at any of several points in this ftve-step sequence

forecloses a disability designation and ends the inquiry. For example, “[t]he first step

determines whether the claimant is engaged in ‘substantial gainful activity.’ If the claimant is

working, benefits are denied. ‘The second step determines if the claimant is ‘severely’ disabled.

If not, benefits are denied.” Bennett v. Sullivan, 917 F.2d 157, 159 (4th Cir. 1990).

On the other hand, if a claimant carries his or her burden at the first two steps, and if

the claimant’s impairment meets or equals a “listed impairment” at step three, “the claimant

is disabled.” Mastto, 270 F.3d at 177. Alternatively, if a claimant clears steps one and two,

but falters at step three, ie., “[i]f a claimant’s impairment is not sufficiently severe to equal or

exceed a listed impairment,” then “the ALJ must assess the claimant’s residual functional

3 “The Social Security Act comprises two disability benefits programs. The Social Security Disability Insurance

Program (SSDD), established by Title II of the Act as amended, 42 U.S.C. § 401 et seq., provides benefits to

disabled persons who have contributed to the program while employed. The Supplemental Security Income

Program (SSD), established by Title XVI of the Act as amended, 42 U.S.C. § 1381 et seq., provides benefits to

indigent disabled persons. The statutory definitions and the regulations promulgated by the Secretary for

determining disability, see 20 C.F.R. pt. 404 (SSDI); 20 C.F-.R. pt. 416 (SSI), governing these two programs are,

in all aspects relevant here, substantively identical.” Craig, 76 F.3d at 589 n.1.

capacity (RFC’).” Id. at 179.4 Step four then requires the AL] to assess whether, based on

that RFC, the claimant can “perform past relevant work”; if so, the claimant does not qualify

as disabled. Id. at 179-80. However, if the claimant establishes an inability to return to prior

work, the analysis proceeds to the fifth step, which “requires the [Government] to prove that

a significant number of jobs exist which the claimant could perform, despite the clatmant’s

impairments.” Hines, 453 F.3d at 563. In making this determination, the ALJ must decide

“whether the claimant is able to perform other work considering both [the claimant’s RFC]

and [the claimant’s] vocational capabilities (age, education, and past work experience) to adjust

to a new job.” Hall, 658 F.2d at 264-65. If, at this step, the Government cannot carry its

“evidentiary burden of proving that [the claimant] remains able to work other jobs available

in the community,” the claimant qualifies as disabled. Hines, 453 F.3d at 567.

Ill. DISCUSSION

In the present case, the ALJ found that Plaintiff had not engaged in “substantial gainful

activity” since his alleged onset date. The ALJ therefore concluded that Plaintiff met his

burden at step one of the sequential evaluation process. (Ir. at 19.) At step two, the AL]

further determined that Plaintiff suffered from the following severe impairments:

Right hip replacement; esophageal cancer; and obesity[.]

4 “RFC is a measurement of the most a claimant can do despite [the claimant’s] limitations.” Hines, 453 F.3d

at 562 (noting that administrative regulations require RFC to reflect claimant’s “ability to do sustained work-

related physical and mental activities in a work setting on a regular and continuing basis . . . [which] means 8

hours a day, for 5 days a week, or an equivalent work schedule” (internal emphasis and quotation marks

omitted)). The RFC includes both a “physical exertional or strength limitation” that assesses the clatmant’s

“ability to do sedentary, light, medium, heavy, or very heavy work,” as well as “nonexertional limitations

(mental, sensory, or skin impairments).” Hall, 658 F.2d at 265. “REC is to be determined by the ALJ only after

[the ALJ] considers all relevant evidence of a claimant’s impairments and any related symptoms (¢.g., pain).”

Hines, 453 F.3d at 562-63.

at 19.) The AL] found at step three that, prior to October 1, 2018, the date Plaintiff

became disabled, none of the impairments identified at step two, individually or in

combination, met or equaled a disability listing. (Tr. at 19-21.) However, the ALJ further

determined that, beginning on October 1, 2018, the severity of Plaintiffs esophageal cancer

met 20 C.F.R., Part 404, Subpt. P, Appx. 1, § 13.16 (“Listing 13.16”), rendering him disabled

under the Act. (Tr. at 25-26.) The ALJ therefore assessed Plaintiffs RFC for the period from

Plaintiffs alleged onset date, October 15, 2015, through September 30, 2018, and determined

that during that period, he could perform light work with the following, non-exertional

limitations:

[Plaintiff] could stand and walk for no more than two houts at a time and four

houts cumulatively in an eight-hour workday. Additionally, he could

occasionally stoop, crouch, crawl, kneel, balance, and climb stairs. Furthermote,

he could never climb ladders or have exposure to unprotected heights.

(T'r. at 22.) Based on this determination and the testimony of a vocational expert, the AL]

determined at step four of the analysis that all of Plaintiffs past relevant work exceeded his

REC. (Tr. at 23-24.) However, the AL] found at step five that, given Plaintiffs age, education,

work experience, RFC, and the testimony of the vocational expert as to these factors, he could

perform other jobs available in significant numbers in the national economy. (Tr. at 24-25.)

Therefore, the ALJ concluded that Plaintiff was not disabled under the Act prior to October

1, 2018. (Tr. at 25, 26.)

Plaintiff agrees that he was entitled to a period of disability beginning on October 1,

2018. However, he contends that the ALJ erred by failing to consider whether Plaintiff was

also entitled to a second, closed period of disability prior to his hip replacement surgery on

February 28, 2017.°

In examining a claim for disability benefits, an ALJ must evaluate whether a clatmant

has shown that he was disabled for any consecutive twelve-month period between his onset

date and the date of the hearing. See 42 U.S.C. § 1382c(a(3)(A) and 42 U.S.C. § 423(d)(1) (A)).

This can include a “closed period” of disability for any consecutive twelve-month period

during which the claimant is disabled between the onset date and the date of the heating, and

failure to consider whether a closed period of disability exists may warrant remand. See, e.g.,

Sykes v. Commissioner, Social Security, No. ELH-16-898, 2017 WL 35436 (D. Md. Jan. 4.

2017) (collecting cases.) However, such a finding need not be explicit. See Atwood v. Asttue,

No. 5:11CV002-RLV-DSC, 2011 WL 7938408, at *6 (W.D.N.C. Sept. 28, 2011) (“The ALJ

found that Plaintiff was not disabled at any time from his alleged onset date of May 26, 2006,

through the date of his decision. ... Implicit in this finding is the fact that Plaintiff was not

entitled to a closed period of disability at any relevant time.”).

° A timeline may be helpful:

October 15, 2015 Alleged Onset Date

March 2016 Consultative Examination — Dr. Jarrell

Februaty 2017 Hip Replacement Surgery

Match 2017 Application for Benefits

May 2017 Initial Denial (Opinion by Dr. Linster)

July 2017 Denial on Reconsideration (Opinion by Dr. Reinke)

October 2018 Diagnosis of esophogeal cancer

June 2019 AL) Hearing

As discussed above, the AL] determined that Plaintiff was disabled as of October 1, 2018 based on his

esophogeal cancer, and Plaintiff does not contest that determination. The ALJ found that Plaintiff was not

disabled from the alleged onset date of October 15, 2015 through September 30, 2018. In this appeal, Plaintiff

does not contest that determination for the period after his hip replacement surgery in February 2017 through

September 2018, presumably because the medical records reflect that the surgery was largely successful.

Instead, Plaintiff contests the ALJ’s determination for the period from October 15, 2015 until his surgery in

February 2017.

In the present case, Plaintiff argues that the medical evidence “indisputably establishes

that his right hip osteoarthritis and resulting pain were significantly more severe and limiting

before [his February 2017] surgery,” but that the AL]’s decision “does not reflect the severity

and limiting effects of right hip osteoarthritis prior to the surgery.” (PI.’s Br. [Doc. #13] at 8.)

Plaintiff further contends that “[t]his failure by the ALJ is a reversible error because with a

more festtictive RFC, [Plaintiff] may have been disabled during the period between his

October 2015 .. . alleged onset date and his February 2017 right hip replacement surgery.”

(Pl.’s Br. at 9.)

In support of these contentions, Plaintiff cites treatment records from December 2016

and January 2017, in which he “reported to his orthopedic treating specialists that he had

suffered from severe right hip pain since 2014.” (Pl.’s Br. at 4 (citing Tr. at 497, 499).) In fact,

the records cited by Plaintiff indicate that, as of January 2017, he had “experienced right hip

pain for 3 years with acute on chronic worsening over the last 3 months.” (Tr. at 499); (see

also Tr. at 500) (noting that Plaintiff has “a three-year history of right hip pain which has

worsened significantly over the last 3 months.”). Plaintiff further reported that his symptoms

were “made worse with prolonged weightbeating and ambulation” and had “progressed to the

point of affecting all activities of daily living.” (Tr. at 499.) X-rays from December 2016

reflected “moderate osteoarthritis of the right hip” (Tr. at 535-36), and Plaintiff's January 2017

examination revealed “[d]iminished internal rotation” and “[slignificant discomfort with hip

flexion, adduction[,] and internal rotation” (Tr. at 500).

As teflected in the administrative decision, Plaintiff has scant treatment records for the

time period prior to December 2016. (Ir. at 19-20.) On October 7, 2015, roughly a week

before Plaintiffs alleged onset date, he sought treatment for right lower extremity pain, which

he described as “off and on” for the last year. (Tr. at 19, 430.) He was diagnosed with Right

inguinal pain with a History of right inguinal hernial repair. (Tr. at 431.) Plaintiff was noted

to limp favoring his left, rather than right, leg, and an examination of his right leg showed a

reduced tange of motion. (Ir. at 19, 430.) Plaintiffs physician referred him to neurology for

follow-up. (Tr. at 19, 433.) Although Plaintiff sought medical care for other issues later in

December 2015, that assessment “did not document any musculoskeletal or neurological

abnormalities.” (Tr. at 19, 441-44.) The record does not reflect any other treatment records

until December 2016 and January 2017, which are the records noted above, resulting in his

sutgety just two months later in February 2017. (Ir. at 20.) In sum, Plaintiffs

contemporaneous teports to his medical providers indicated that, although his hip and leg pain

existed at some level in the 3-8 years leading up to his February 2017 surgery, he reported

these issues became markedly worse in late 2016, when he finally sought the help of an

otthopedist, leading to surgery “[jJust over two months later” (Tr. at 20).°

6 Plaintiff contends that the AL] assessed Plaintiffs RFC “without considering medical evidence from the

petiod prior to a February 2017 right hip replacement surgery.” (Pl. Br. at 3.) However, the ALJ included a

narrative discussion of all of the medical evidence, as noted above. (Ir. at 19-21.) To the extent Plaintiff

contends that the evidence was not properly considered because it was set out at step two of the analysis, the

Coutt finds no error in the ALJ’s failure to re-state that evidence later in the decision. See McNeil v. Saul, No.

1:19CV213, 2020 WL 5111246, at *5 (M.D.N.C. Aug. 31, 2020) (“Although the majority of that [narrative

discussion of the evidence] appears in sections of the ALJ’s decision preceding the RFC determination, that

approach nevertheless suffices to satisfy SSR 96-8p’s requirement of a narrative discussion supporting the

RFC.”), adopted 2020 WL 5821076 (M.D.N.C. Sept. 30, 2020); McCartney v. Apfel, No. 01-1439, 2002 WL

191573, at *1 (4th Cir. Feb. 7, 2002) (unpublished) (noting “that the AL] need only review medical evidence

once in his [or her] decision”); Kiernan v. Astrue, No. 3:12CV459, 2013 WL 2323125, at *5 (E.D. Va. May 28,

2013) (unpublished) (observing that “[w]here the ALJ analyzes a claimant’s medical evidence in one part of his

decision, there is no requirement that he rehash that discussion in [a later] analysis”). Regardless of where in

the decision the medical evidence is discussed, the question before the Court is whether the AL]’s analysis,

taken as a whole, is sufficient to provide a logical explanation for the ALJ’s conclusions and allow the Court to

trace the ALJ’s reasoning.

Although there are no other treatment records for the period of time between October

2015 and December 2016, Plaintiff attended a physical consultative examination on March 30,

2016 with Dr. Renaldo Jarrell, who noted as follows with regard to Plaintiffs history:

[Plaintiff] has difficulty ambulating due to pain and weakness in his right leg.

He says he has not been evaluated for this but we see otherwise based on the

medical records in that we do see that he has had evaluation for this done. He

has been told that he either needs to see a neurologist or surgeon but he has not

done that. To my understanding, he would have been able to do that through

the health department. They would have generated a referral for him. So I am

not quite sute what happened with that. He says that he last worked in 2012 as

an auto body painter at Kernersville Dodge but was let go from that job due to

the fact [that] he had problems with his leg. I cannot get a specific date that this

problem actually began to occur[| or when it got worse. [Plaintiff] is very vague

when it comes to answering these questions and he very well may not know

exactly when the problems began as he says they started very small and became

fairly large over the last 7-8 years. He has not sought work since 2012. At this

time he does drive and he is responsible for his activities of daily living.

(Tr. at 455-56.)’ Plaintiff reported at his consultative examination that “despite right leg pain

he was one-hundred percent responsible for his activities of daily living,” including driving,

meal preparation, and household chores. (Tr. at 19, 456.) Dr. Jarrell opined, based entirely

on PlaintifPs complaints of leg pain of uncertain etiology, that Plaintiff could perform a range

of sedentary work. (Tr. at 458-49.) In assigning only partial weight to this opinion, the AL]

explained that Dr. Jarrell did “not resolve the inconsistencies in the objective physical

findings,” despite having pointed out a number of problematic inconsistencies with Plaintiffs

exam, including Plaintiffs ability to tandem walk, hop, squat, and toe/heel walk despite his

’ Plaintiff previously filed an application in 2016, which was denied initially in April 2016. (Tr. at 69-93, 148-

52.) Plaintiff filed the present application in 2017. The medical records from the earlier proceeding, including

the consultative examination from Match 2016 (Ir. at 455-59), were considered by the AL] in the present case.

10

antaleic gait and his retention of full strength in both lower extremities. (Tr. at 23,457.) For

example, Dr. Jarrell noted that Plaintiff:

Was able to walk to the exam room without difficulty. He does limp on the

right side. [Plaintiff] was able to sit comfortably as well as get on and off the

exam table. ...

[Plaintiff] did have an antalgic gait with limping on the right, however, this was

vety inconsistent as the claimant was able to perform tandem walking. He was

unable to get up on his toes. He is able to do hopping and squatting. He could

also do toe/heel walking, though he walks with a limp. No consistency in this

part of the exam at all.

Bilateral upper and lower extremities 5+/5 with no deficits noted. Definitively

in the right lower extremity there is 5+/5 muscle strength.

(Tr. at 456, 457, 458.) As noted by the ALJ, Dr. Jarrell did not resolve these inconsistencies,

and the ALJ assigned only partial weight to this opinion in setting the RFC. (Tr. at 23.)

In setting the RFC, the ALJ also assigned partial weight to the findings of the State

agency medical consultants, Dr. Dorothy Linster and Dr. Christopher Reinke, who found that

Plaintiff could perform a limited range of medium work. (Tr. at 23, 102-05, 141-43.)

Specifically, Dr. Linster issued an opinion in May 2017, specifically assessing Plaintiffs

limitations for the period of time from October 15, 2015 through February 27, 2017, finding

Plaintiff capable of medium work with additional postural limitations during that time period

ptior to his surgery (Tr. at 102-03.) Dr. Linster separately assessed the time period after

Plaintiffs surgery, also finding Plaintiff capable of medium work at that time (Tr. at 104.)

Notably, on Reconsideration in July 2017, Dr. Reinke assessed only the period from October

15, 2015 through February 27, 2017, prior to Plaintiffs hip replacement surgery, and opined

that Plaintiff was capable of medium work with additional postural limitations during that time

period. (I'r. at 141-43.) Dr. Reinke did not opine on the period after Plaintiffs surgery. (Tr.

11

at 139.) ‘Thus, in assigning partial weight to these opinions, the AL] necessarily considered the

specific period of time prior to Plaintiffs surgery, and the ALJ adopted even greater postural

limitations than those opined by Dr. Linster and Dr. Reinke, with additional limitations

including a reduction from medium work to light work. In finding Plaintiff more restricted

than the consultants opined, the ALJ specifically noted that the consultants did not have the

benefit of the complete record—particularly treatment notes relating to Plaintiffs 2018 cancer

diagnosis—nor did the consultants “appear to fully consider [Plaintiffs] pain.” (Tr. at 23.) To

account for Plaintiff's pain complaints, the ALJ found that Plaintiff was capable of light work

with significantly reduced standing and walking requirements, specifically walking and standing

for no more than two hours at a time and four hours cumulatively in an eight-hour workday.

(Tr. at 22.)

In addition to considering the State agency physicians’ opinions, the ALJ also

recounted that, following the surgery by Plaintiffs “own subjective statements he retained the

ability to lift up to fifty pounds and perform up to four hours of standing and walking engaging

in tasks such as cutting the lawn and vehicle repairs before he experienced elevated pain

levels.” (Tr. at 22, 20.) The ALJ nevertheless found that Plaintiff was capable of light, rather

than medium, work, and could perform only occasional postural activities, except that he could

never climb ladders. (Tr. at 22.) Thus, the ALJ included greater lifting restrictions than the

50 pounds identified by Plaintiff as within his abilities after the hip replacement surgery.

Overall, the record in this case establishes that Plaintiff experienced symptoms and

limitations to some extent throughout his alleged disability period. However, “as the Fourth

Circuit has noted, it is the AL]’s responsibility, not the Court’s, ‘to reconcile inconsistencies in

12

the medical evidence.”’ Atwood v. Astrue, No. 5:11CV002-RLV-DSC, 2011 WL 7938408, at

*6 (W.D.N.C. Sept. 28, 2011) (quoting Seacrist v. Weinberger, 538 F.2d 1054, 1056-57 (4th

Cir.1976)). As the Atwood court determined under similar circumstances, “the facts found by

the ALJ clearly support the ultimate conclusion that Plaintiff suffered from his impairments,

but was not disabled. Simply put, ‘[w]hete conflicting evidence allows reasonable minds to

differ as to whether a claimant is disabled, the responsibility for that decision falls on the

Sectetaty (or the Secretary’s designate, the ALJ).”’ 2011 WL 7938408, at *6 (quoting Mickles

v. Shalala, 29 F.3d 918, 923 (4th Cir.1994) (citations omitted)).

Here, the AL] considered and discussed relevant medical evidence regarding Plaintiff's

hip impairment both before and after his February 2017 surgery. (Tr. at 19-21). The AL] then

relied on the opinions of the State agency physicians, including Dr. Reinke who opined only

on Plaintiffs limitations during the period of time prior to the February 2017 surgery. The

AL) included even greater limitations than those opined by Dr. Reinke after taking into

account Plaintiffs reports of pain. (Tr. at 22, 141-42) (reflecting Dr. Reicke’s opinion that

Plaintiff could perform lifting requirement of medium work and could frequently stoop, kneel,

crouch, and crawl and occasionally climb ladders, ropes, and scaffolds between October 15,

2015 and February 27, 2017). ‘The ALJ also considered Plaintiff's own subjective statements

that he “retained the ability to lift up to fifty pounds and perform up to four hours of standing

and walking” after the surgery (Ir. at 22), and the ALJ included even greater limitations

covering the entirety of the period beginning October 15, 2015. Thus, contrary to Plaintiffs

assertion, the AL]’s analysis in setting the RFC does not pertain solely to the period after the

Februaty 2017 surgery. In the circumstances, the ALJ’s decision is sufficient to allow the

13

Court to follow her reasoning, and substantial evidence supports the ALJ’s treatment of the

medical records, Plaintiffs RFC, and her ultimate determination that Plaintiff was not disabled

between his alleged onset date and October 1, 2018.8

IT IS THEREFORE RECOMMENDED that the Commissionet’s decision finding

no disability be AFFIRMED, that Plaintiffs Motion to Reverse the Decision of the

Commissioner [Doc. #12] be DENIED, that Defendant’s Motion for Judgment on the

Pleadings [Doc. #15] be GRANTED, and that this action be DISMISSED with prejudice.

This, the 31st day of January, 2022.

/s/ Joi Elizabeth Peake

United States Magistrate Judge

his Reply Brief [Doc. #17], Plaintiff also criticizes the ALJ’s identification of his impairment as “right hip

replacement” (Tr. at 19) since the hip replacement did not happen until February 2017. However, in setting

the RFC, the AL) noted Plaintiffs diagnosis of “moderate osteoarthritis of the right hip” (Ir. at 22), and the

AL)’s decision does not reflect any misunderstanding or confusion regarding Plaintiff's impairments and the

relevant timeline.

14

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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