Michael G. v. Comm'r of Soc. Sec.

1

MICHAEL G., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Civil Action No. 2:21-cv-5467

United States District Court, S.D. Ohio, Eastern Division

October 20, 2022

OPINION AND ORDER

KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

Plaintiff Michael G., brings this action under 42 U.S.C. § 405(g) seeking review of a final decision of the Commissioner of Social Security (“Commissioner”) denying his application for Supplemental Security Income (“SSI”). The parties in this matter consented to the Undersigned pursuant to 28 U.S.C. § 636(c). (Docs 8, 10). For the reasons set forth below, the Court OVERRULES Plaintiff's Statement of Errors (Doc. 11) and AFFIRMS the Commissioner's decision.

I. BACKGROUND

Plaintiff filed his application for SSI on September 26, 2018, alleging that he was disabled beginning January 1, 2018, due to degenerative disc disease in the cervical spine, bilateral hand tingling and numbness, chronic headaches, arthritis in the bilateral knees, a torn meniscus surgery, sleep apnea, high blood pressure, stage III kidney disease, and stomach problems. (Tr. 202-10, 238). After his application was denied initially and on reconsideration, the Administrative Law Judge (the “ALJ”) held a telephone hearing on September 2, 2020. (Tr. 77-112). The ALJ denied benefits in a written decision on November 12, 2020. (Tr. 55-75). That became the final decision of the Commissioner when the Appeals Council denied review. (Tr. 1-7).

Plaintiff filed the instant case seeking a review of the Commissioner's decision on November 23, 2021 (Doc. 1), and the Commissioner filed the administrative record on January 26, 2022 (Doc. 9). The matter has been briefed and is ripe for consideration. (Docs. 11, 14, 15).

A. Relevant Statements to the Agency and Hearing Testimony

The ALJ summarized Plaintiff's statements to the agency and the testimony from Plaintiff's hearing as follows:

*** At the time he applied for benefits, [Plaintiff] was 6'2” tall and weighed 260 pounds (Exhibit 2E/2). In a February 2019 report of contact, [Plaintiff] stated his doctors told him he was too young for a knee replacement (Exhibit 1A/3). Despite his complaints, he reported that he was able to lift up to forty pounds (Exhibit 1A/3). On his initial appeal, [Plaintiff] stated he was unable to sit or stand too long because of degenerative disc disease in the neck, and his knees made it difficult to walk, crouch, and climb stairs (Exhibit 5E/5). *** In a June 2019 report of contact, [Plaintiff] stated that his hand numbness and tingling was because of his neck, and he was dropping things and losing his grip (Exhibit 3A/5). He was only seeing his primary care provider and participating in physical therapy (Exhibit 3A/5). He stated that when his knee pain gets “really bad,” he will get a cortisone shot from his orthopedic specialist (Exhibit 3A/5). He reported he was told to take Tylenol and ibuprofen, but he stated that it caused kidney problems (Exhibit 3A/5). At his hearing, [Plaintiff] testified that his neck gets stiff and painful if he stands or sits too long, and he then gets bad headaches. He got frustrated because he cannot do what he used to do, and he was very aggravated. He had to walk up stairs sideways and had difficulty bending over. He was able to get down, but he needed to find something to help him up. Getting dressed was difficult because he had to put one leg into his pants, stand up, and situate himself to get his other leg in. He reported his cane was prescribed, and he was using a walking stick for about four months. [Plaintiff] reported that he had recently been approved for a second gel shot to cushion his left knee, which was bone to bone. He indicated he had a couple of falls because of turning his knee wrong, and everything was creaking and popping, causing him to move slowly. He stated that he slept only three to four hours per night, and he took naps during the day. He reported that he had carpal tunnel in both hands, and he was given braces to wear at night. He noted that surgery was recommended, but he also indicated that his doctor stated the symptoms, including dropping things, may be caused by his neck pain. He reported carpal tunnel symptoms daily. *** He was able to do small things in or outside his house, and he was able to do artwork and painting despite his hand complaints. He was able to cook and shop for himself, though he used riding carts at the store. [Plaintiff] testified that he was able to lift ten to fifteen pounds. He further testified that he was able to sit and stand for about one and a half hours each, which is consistent with an ability to meet light sitting and standing requirements when given the option to alternate between sitting and standing.

(Tr. 62-63).

B. Relevant Medical Evidence

The ALJ summarized Plaintiff's medical records as follows:

*** In July 2017, [Plaintiff] was referred to neurosurgery for his chronic neck pain, where he was told he had degenerative spondylosis without any further recommendations (Exhibit 1F/56). A November 2017 x-ray of the lumbar spine showed no acute osseous abnormalities (Exhibit 1F/89). He had minimal endplate spurring with only mild facet arthritis bilaterally at ¶ 5-S1 (Exhibit 1F/89). His cervical x-ray showed no acute osseous abnormalities, though he had some degenerative changes at ¶ 5-6 and C6-7 that were similar to prior studies (Exhibit 1F/88). In January 2018 [Plaintiff] denied any weakness in the bilateral upper extremities (Exhibit 1F/44). In February 2018, only two weeks after undergoing knee surgery, [Plaintiff] returned to work despite his neck complaints (Exhibit 1F/40). February 2018 primary care notes show complaints of progressively worsening cervical pain with some radiation into the bilateral upper extremities and some associated intermittent numbness, paresthesias, and pins and needles (Exhibit 1F/36). He stated his neck pain caused headaches that frequently cause some flashing lights in his vision (Exhibit 1F/36). He only tried Tylenol for his pain (Exhibit 1F/36). His primary care provider described him as “very physical,” and he worked as a construction worker and with auto body repair (Exhibit 1F/36). His March 2018 cervical MRI showed degenerative disc disease and spondylosis that is greatest at ¶ 5-C6 and C6-C7 with bilateral foraminal narrowing that was greatest on the right at ¶ 5-C6, where there was moderate to severe stenosis (Exhibit 1F/71). That month, [Plaintiff] saw neurology, where he presented with full 5/5 strength in the bilateral upper extremities (Exhibit 1F/31). Gait was steady and smooth, Romberg's and Hoffman's testing were negative, rapid repetitive movements were within normal limits, and sensation was intact (Exhibit 1F/31). That month, he told his primary care provider that he did not always take his gabapentin as prescribed because it made him fatigued (Exhibit 1F/27). In April 2018, [Plaintiff] began participating in physical therapy (Exhibit 1F/22). On examination, strength in the lower and middle traps were reduced bilaterally, right worse than left, but the remainder of his strength throughout the bilateral upper extremities was relatively good (Exhibit 1F/24-25). Grip strength was good (Exhibit 1F/25). He had some reduced range of motion in the neck (Exhibit 1F/25). Physical therapy was recommended one to two times per week for four to six weeks, and he was to complete his home exercise program two to three times per day (Exhibit 1F/26). On his second visit, [Plaintiff] reported doing a little better with less pain (Exhibit 1F/22). Despite reporting some improvement, there are no records of further visits (Exhibits 1F-8F). May 2018 neurology notes indicate that his prior MRI only had mild to moderate spondylitic changes and stenosis at multiple levels, but there was no significant cord compression (Exhibit 1F/21). He was not a candidate for surgical intervention, and he was advised to aggressively participate in physical therapy for two to three months (Exhibit 1F/21). He was also advised to invest in a cervical traction collar that he can buy online (Exhibit 1F/21). If those treatments did not work, they would refer him to pain management for injections (Exhibit 1F/21). However, there is no indication that [Plaintiff] resumed physical therapy until June 2019 (Exhibits 1F-8F).

***

In September 2018, [Plaintiff] complained of peripheral neuropathy due to cervical degenerative disc disease (Exhibit 1F/11). He did not drop tools, but his hands hurt all the time (Exhibit 1F/11). In December 2018, [Plaintiff] reported he was considering surgery for his cervical radiculopathy (Exhibit 1F/6). He stated his pain was worsening, and he had pins and needles in his hands that were worsening (Exhibit 1F/6). However, he reported he was not dropping things or losing strength (Exhibit 1F/6). He indicated his right elbow hurt, but he had no range of motion issues and was able to perform repetitive movements at work (Exhibit 1F/6). On examination, he had good range of motion in all extremities and no joint tenderness to palpation except for mild tenderness to the medial aspect of the right elbow (Exhibit 1F/7). He had full 5/5 motor function and sensory function with no focal deficits (Exhibit 1F/7). In June 2019, [Plaintiff] participated in another physical therapy evaluation for his neck complaints, though he also noted pain in the bilateral shoulders, right medial elbow, low back, and left knee (Exhibit 3F/3). He stated he had numbness and tingling to the bilateral hands almost constantly that increased with activity, and he also reported intermittent numbness in his feet (Exhibit 3F/3). He stated he frequently dropped things when his hands went numb (Exhibit 3F/3). On examination, strength was relatively good

...