Manzano v. Berryhill

MARIA R. MANZANO, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF THESOCIAL SECURITY ADMINISTRATION Defendant.

CIVIL ACTION NO. 4:16-CV-3496

United States District Court, Southern District of Texas

March 28, 2018

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Maria R. Manzano ("Ms. Manzano") seeks review of the denial of her request for disability and disability insurance benefits under Title II of the Social Security Act ("the Act"). The Parties consented to have this Court conduct all proceedings in this matter pursuant to 28 U.S.C. § 636(c) and filed cross-motions for summary judgment. ECF Nos. 11, 12, 13. The Court DENIES Plaintiff's motion, GRANTS the Commissioner's motion, and DISMISSES the action with prejudice.

I. BACKGROUND

Ms. Manzano is a 50 year old woman. R. 153.¹ She last worked as a small parts assembler at Kemlon Products and Development Group from 2006 to 2011. R. 45-46, 159-60. She purportedly left because she had arthritis and difficulty walking. R. 52. On January 24, 2013, Ms. Manzano first filed an application under Title II seeking benefits beginning on April 1, 2011, when the effects of a 1996 hip surgery became disabling and she stopped working. R. 27. She filed another application on the same basis on February 14, 2013. R. 153-54. On May 17, 2013, the Commissioner denied Ms. Manzano's claim. R. 87-90. On May 21, 2013, Ms. Manzano requested reconsideration of her claim, alleging her high blood pressure conditionas an additional basis for her claim. R. 92, 173-77. On June 28, 2013, her claim was again denied. R. 84, 93-95. On July 26, 2013, Ms. Manzano requested a hearing before an Administrative Law Judge ("ALJ"). R. 96.

The ALJ Katherine W. Brown conducted a hearing on December 9, 2014. R. 38-66. Ms. Manzano appeared by telephone. R. 27, 111. A vocational expert, Mr. Michael L. Stinson, also testified. R. 38-66. At the time of the hearing, Plaintiff was 47 years old. R. 45. Although Ms. Manzano originally claimed the onset date of her disability was April 1, 2011, at the hearing she amended this date to November 5, 2012. R. 44. In addition to the effects of her hip surgery and hypertensive blood pressure, Ms. Manzano testified that arthritis of her hands, fingers, and knees; headaches; and antihypertensive medication side effects of dizziness, nausea, and fatigue also contributed to her inability to work. R. 38-66. On March 27, 2015, the ALJ issued a decision, denying Ms. Manzano's application for benefits. R. 21-37.

On May 22, 2015, Ms. Manzano requested the Appeals Council to review the ALJ's decision. R. 17-18. On August 1, 2016, the Appeals Council denied Ms. Manzano's request for review. R. 4-11. On October 24, 2016, the Appeals Council sent Ms. Manzano another letter notifying her that they received and reviewed additional medical evidence regarding her claim, but found no basis to reopen and change the ALJ's decision, thereby rendering the ALJ's decision final. R. 1-3; see Sims v. Apfel, 530 U.S. 103, 106 (2000) (explaining that when the Appeals Council denies the request for review, the ALJ's opinion becomes the final decision). On November 22, 2016, Ms. Manzano commenced this civil action.

II. STANDARD OF REVIEW

The Social Security Act provides that an individual may seek judicial review of "any final decision of the Commissioner of Social Security made after a hearing to which [s]he was a party." 42 U.S.C. § 405(g). In performing that review:

"The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner ... , with or without remanding the cause for a rehearing. The findings of the Commission ... as to any facts, if supported by substantial evidence, shall be conclusive ...."

Id. Judicial review of the Commissioner's denial of disability benefits is limited to two inquiries: (1) whether the decision is supported by substantial evidence; and (2) whether the Commissioner applied the proper legal standards in evaluating the evidence. See id. ("The findings of the Commissioner ... as to any facts, if supported by substantial evidence, shall be conclusive...."); Boyd v. Apfel, 239 F.3d 698, 704 (5th Cir. 2001). "Substantial evidence" means "that quantum of relevant evidence that a reasonable mind might accept as adequate to support a conclusion." Carey v. Apfel, 230 F.3d 131, 135 (5th Cir. 2000). It is "something more than a scintilla but less than a preponderance." Id; Masterson v. Barnhart, 309 F.3d 267, 272 (5th Cir. 2002).

A reviewing court may not reweigh the evidence in the record, retry the issues de novo, or substitute its judgment for that of the Commissioner, even if the evidence preponderates against the Commissioner's decision. Brown v. Apfel, 192 F.3d 492, 496 (5th Cir. 1999). Conflicts in the evidence are for the Commissioner, not the courts, to resolve. Id. At the same time, however, judicial review must not be "so obsequious as to be meaningless." Id. (internal quotation marks and citation omitted). The "substantial evidence" standard is not a rubber stamp of the Commissioner's decision. It involves more than a search for evidence supporting the Commissioner's findings. Cook v. Heckler, 750 F.2d 391, 393 (5th Cir. 1985); Singletary v.Brown, 798 F.2d 818, 822-23 (5th Cir. 1986) ("[T]he substantial evidence test does not involve a simple search of the record for isolated bits of evidence which support the [Commissioner's] decision."). Rather, a reviewing court must scrutinize the record as a whole, taking into account whatever in the record fairly detracts from the weight of the evidence supporting the Commissioner's findings. See Cook, 750 F.2d at 393. A court "may affirm only on the grounds that the Commissioner stated for [the] decision." Copeland v. Colvin, 771 F.3d 920, 923 (5th Cir. 2014).

To qualify for disability benefits, a plaintiff must prove she is disabled. A person is disabled if she is "unable 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." 42 U.S.C. § 1382(c)(a)(3)(A); Masterson, 309 F.3d at 271. The Commissioner follows a five-step inquiry to determine whether a claimant is disabled, asking the following questions in sequence:

(1) Is the claimant presently engaged in "substantial gainful activity"? (Step One)

(2) Does the claimant have an impairment or combination of impairments that is "severe"? (Step Two)

(3) Are the claimant's impairments of a severity that meets or equals the criteria listed in the applicable regulations? (Step Three)

(4) Considering the claimant's residual functional capacity, do the impairments prevent the claimant from performing past relevant work? (Step Four)

(5) Considering the claimant's residual functional capacity and his age, education, and work experience, do the impairments prevent the claimant from performing other work? (Step Five)

See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a); Audler v. Astrue, 501 F.3d 446, 447-48 (5th Cir. 2007). Before moving from Step Three to Step Four, the Commissioner assesses a claimant's residual functional capacity ("RFC") based on "all the relevant medical and other evidence" in the record. See 20 C.F.R. §§ 404.1520(e), 416.920(e). A claimant's RFC is the most she can still do despite her physical and mental limitations. Id. §§ 404.1545(a)(1); 416.945(a)(1). At Step Four, the Commissioner uses the claimant's RFC to determine whether the claimant can still perform past relevant work. The claimant bears the burden of proof on the first four steps of this inquiry. Perez v. Barnhart, 415 F.3d 457, 462 (5th Cir. 2005). At Step Five, the burden shifts to the Commissioner, who must show that, in light of the claimant's RFC, she can perform other substantial work in the national economy. Id. If the Commissioner makes that showing, the burden shifts back to the claimant, who must rebut the Commissioner's finding. Id.

III. ANALYSIS OF PLAINTIFF'S CHALLENGES TO THE ALJ'S DECISION

The ALJ determined that Ms. Manzano was not disabled at Step Four of the sequential analysis. R. 33. She found Ms. Manzano to have a severe left hip injury, and a combination of numerous other non-severe impairments: hypertension, headaches, temporomandibular joint disorder ("TMJ"), neck pain, obesity, and a knee injury. R. 29-30. However, the ALJ found these impairments do not rise to the level of severity of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. R. 30. She found Ms. Manzano has the RFC to perform light work, including lifting or carrying up to twenty pounds; standing, walking, or sitting for up to six hours; unlimited ability to push and pull; and no other limitations. R. 30. The ALJ determined Ms. Manzano's statements regarding the intensity, persistence, and limiting effects of these symptoms were not entirely credible or not fully supported by the medical evidence, and she would still be capable of performing her past work as a small products assembler. R. 33.

Ms. Manzano insists the ALJ erred because: (1) the ALJ's RFC finding is not supported by substantial evidence; (2) the ALJ failed to consider Ms. Manzano's complaints; (3) the ALJ failed to properly develop the record by failing to refer the claim to a vocational rehabilitation agency or for consultative examination; (4) the ALJ gave the non-examining state agency physician's opinions more weight than Plaintiff's treating physician's; and (5) the ALJ used an inaccurate RFC assessment and presented incomplete hypotheticals to the vocational expert.

1. Plaintiff claims the ALJ's RFC finding is not supported by substantial evidence.

Plaintiff claims the ALJ's RFC finding is not supported by substantial evidence and is inconsistent with the record evidence. Plaintiff argues "[t]he record indicates Plaintiff...