Henry v. Kijakazi

1

ANNA-NICKOLE HENRY, Plaintiff v. KILOLO KIJAKAZI, ^[1] Acting Commissioner of Social Security Defendant

Civil Action No. 4:20-CV-1294

United States District Court, M.D. Pennsylvania

March 1, 2022

REPORT & RECOMMENDATION

William I. Arbuckle, U.S. Magistrate Judge.

I. INTRODUCTION

Plaintiff Anna-Nickole Henry, an adult individual who resides within the Middle District of Pennsylvania, seeks judicial review of the final decision of the Acting Commissioner of Social Security (“Commissioner”) denying her application for supplemental security income under Title XVI of the Social Security Act. Jurisdiction is conferred on this Court pursuant to 42 U.S.C. §1383(c)(3) (incorporating 42 U.S.C. §405(g) by reference).

This matter has been referred to me to prepare a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure. After reviewing the parties' briefs, the Commissioner's final decision, and the relevant portions of the certified administrative transcript, I find the Commissioner's final decision is supported by substantial evidence. Accordingly, I recommend that the Commissioner's final decision be AFFIRMED.

II. BACKGROUND & PROCEDURAL HISTORY

On April 25, 2017, Plaintiff protectively filed an application for supplemental security income under Title XVI of the Social Security Act. (Admin. Tr. 13; Doc. 16-2, p. 14). In this application, Plaintiff alleged she became disabled as of April 25, 2017, ^[2] when she was twenty years old, due to the following thirty one conditions: depressive disorder, ADHD, generalized anxiety disorder, autism, juvenile idiopathic arthritis, dysnomia, ^[3] postural orthostatic tachycardia syndrome, asthma, insulin resistance and metabolic syndrome, polycystic ovary syndrome, gastroparesis, fibromyalgia, reoccurring sinus infections, atypical migraines, dry eye, chronic constipation, chronic pain, obesity, growth hormone deficiency, teeth grinding, enthesitis, GERD, hirsutism, high blood pressure, abnormal cortisol level, imbalance, difficulty sleeping, tremor, vitamin D deficiency, leukocytosis, and mast cell activation disorder. (Admin. Tr. 168; Doc. 16-6, p. 11).

Plaintiff alleges that the combination of these conditions affects her ability to lift, squat, bend, stand, reach, walk, kneel, climb stairs, see, remember, complete tasks, concentrate, and use her hands. (Admin. Tr. 196; Doc. 16-6, p. 39). Plaintiff finished the eleventh grade. (Admin. Tr. 169; Doc. 16-6, p. 12). Plaintiff has no past work history. (See Admin. Tr. 154-58; Doc. 16-5, pp. 12-16; Admin. Tr. 23; Doc. 16-2, p. 24).

On December 7, 2017, Plaintiff's application was denied at the initial level of administrative review. (Admin. Tr. 76-80; Doc. 16-4, pp. 3-7). On February 6, 2018, Plaintiff requested an administrative hearing. (Admin. Tr. 83-84; Doc. 16-4, pp. 10-11).

On February 25, 2019, Plaintiff, assisted by her counsel, appeared and testified during a hearing before Administrative Law Judge Richard Guida (the “ALJ”). (Admin. Tr. 32; Doc. 16-2, p. 33). On April 19, 2019, the ALJ issued a decision denying Plaintiff's application for benefits. (Admin. Tr. 13-25; Doc. 16-2, pp. 14-26). On June 18, 2019, Plaintiff requested review of the ALJ's decision by the Appeals Council of the Office of Disability Adjudication and Review (“Appeals Council”). (Admin. Tr. 141-42; Doc. 16-4, p. 68-69). Plaintiff did not submit any new relevant evidence to the Appeals Council that was not available to the ALJ when he issued his decision.^[4] (Admin. Tr. 4, Doc. 16-2, p. 5).

On April 19, 2019, the Appeals Council denied Plaintiff's request for review. (Admin. Tr. 10-12; Doc. 16-2, pp. 11-13).

On July 28, 2020, Plaintiff initiated this action by filing a Complaint. (Doc. 1). In the Complaint, Plaintiff alleges that the ALJ's decision denying the application is not supported by substantial evidence, and improperly applies the relevant law and regulations. (Id.). As relief, Plaintiff requests that the Court reverse the Commissioner's decision and award Plaintiff Supplemental Security Income, or in the alternative, remand the case back to the Commissioner for a new hearing. (Id.). Plaintiff also asks the Court to grant any relief it deems justified, including an attorney's fees award per the Equal Access to Justice Act. (Id.).

On January 13, 2021, the Commissioner filed an Answer. (Doc. 15). In the Answer, the Commissioner maintains that the decision holding that Plaintiff is not entitled to disability insurance benefits was made in accordance with the law and regulations and is supported by substantial evidence. (Id.). Along with her Answer, the Commissioner filed a certified transcript of the administrative record. (Doc. 16).

Plaintiff's Brief (Doc. 17), the Commissioner's Brief (Doc. 19), and Plaintiff's Reply (Doc. 20) have been filed. This matter is now ripe for decision.

III. STANDARDS OF REVIEW

Before looking at the merits of this case, it is helpful to restate the legal principles governing Social Security appeals.

A. Substantial Evidence Review - the Role of This Court

When reviewing the Commissioner's final decision denying a claimant's application for benefits, this Court's review is limited to the question of whether the findings of the final decision-maker are supported by substantial evidence in the record. See 42 U.S.C. § 1383(c)(3); Johnson v. Comm'r of Soc. Sec., 529 F.3d 198, 200 (3d Cir. 2008); Ficca v. Astrue, 901 F.Supp.2d 533, 536 (M.D. Pa. 2012). Substantial evidence “does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 565 (1988). Substantial evidence is less than a preponderance of the evidence but more than a mere scintilla. Richardson v. Perales, 402 U.S. 389, 401 (1971). A single piece of evidence is not substantial evidence if the ALJ ignores countervailing evidence or fails to resolve a conflict created by the evidence. Mason v. Shalala, 994 F.2d 1058, 1064 (3d Cir. 1993). But in an adequately developed factual record, substantial evidence may be “something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent [the ALJ's decision] from being supported by substantial evidence.” Consolo v. Fed. Maritime Comm'n, 383 U.S. 607, 620 (1966).

“In determining if the Commissioner's decision is supported by substantial evidence the court must scrutinize the record as a whole.” Leslie v. Barnhart, 304 F.Supp.2d 623, 627 (M.D. Pa. 2003). The question before this Court, therefore, is not whether Plaintiff is disabled, but whether the Commissioner's finding that Plaintiff is not disabled is supported by substantial evidence and was reached based upon a correct application of the relevant law. See Arnold v. Colvin, No. 3:12-CV-02417, 2014 WL 940205, at *1 (M.D. Pa. Mar. 11, 2014) (“[I]t has been held that an ALJ's errors of law denote a lack of substantial evidence.”) (alterations omitted); Burton v. Schweiker, 512 F.Supp. 913, 914 (W.D. Pa. 1981) (“The Secretary's determination as to the status of a claim requires the correct application of the law to the facts.”); see also Wright v. Sullivan, 900 F.2d 675, 678 (3d Cir. 1990) (noting that the scope of review on legal matters is plenary); Ficca, 901 F.Supp.2d at 536 (“[T]he court has plenary review of all legal issues . . . .”).

B. Standards Governing the ALJ's Application of The Five-Step Sequential Evaluation Process

To receive benefits under the Social Security Act by reason of disability, a claimant must demonstrate an 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 twelve months.” 42 U.S.C. § 1382c(a)(3)(A); see also 20 C.F.R. § 416.905(a).^[5] To satisfy this requirement, a claimant must have a severe physical or mental impairment that makes it impossible to do his or her previous work or any other substantial gainful activity that exists in the national economy. 42 U.S.C. § 1382c(a)(3)(B); 20 C.F.R. § 416.905(a).

In making this determination at the administrative level, the ALJ follows a five-step sequential evaluation process. 20 C.F.R. § 416.920(a). Under this process, the ALJ must sequentially determine: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the claimant's impairment meets or equals a listed impairment; (4) whether the claimant is able to do his or her past relevant work; and (5) whether the claimant is able to do any other work, considering his or her age, education, work experience and residual functional capacity (“RFC”). 20 C.F.R. § 416.920(a)(4).

Between steps three and four, the ALJ must also assess a claimant's RFC. RFC is defined as “that which an individual is still able to do despite the limitations caused by his or her impairment(s).” Burnett v. Comm'r of Soc. Sec., 220 F.3d 112, 121 (3d Cir. 2000) (citations omitted); see also 20 C.F.R. § 416.920(e); 20 C.F.R. § 416.945(a)(1). In making this assessment, the ALJ considers all the claimant's medically determinable impairments, including any non-severe impairments identified by the ALJ at step two of his or her analysis. 20 C.F.R. § 416.945(a)(2).

At steps one through four, the claimant bears the initial burden of demonstrating the existence of a medically determinable impairment that prevents him or her in engaging in any of his or her past relevant work. 42 U.S.C. § 1382c(a)(3)(H)(i) (incorporating 42 U.S.C. §...