Springer v. Comm'r of Soc. Sec.

451 F.Supp.3d 744

Daryl B. SPRINGER, Plaintiff,

v.COMMISSIONER OF SOCIAL SECURITY, Defendant.

Case No. 18-cv-12705

United States District Court, E.D. Michigan, Southern Division.

Signed March 31, 2020

Eva I. Guerra, White Lake, MI, Frederick J. Daley, Jr., Meredith E. Marcus, Daley Disability Law, P.C., Chicago, IL, for Plaintiff.

Jessica Tucker, Office of the Regional Chief Counsel—Region I Social Security Administration, Boston, MA, Vanessa Miree Mays, United States Attorney's Office, Detroit, MI, for Defendant.

OPINION AND ORDER (1) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF No. 16), (2) DENYING THE COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT (ECF No. 19), AND (3) REMANDING FOR FURTHER PROCEEDINGS

MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE

In this action, Plaintiff Daryl B. Springer alleges that Defendant Commissioner of Social Security wrongly denied his application for Social Security disability benefits.

(See Compl., ECF No. 1.) Both parties have filed cross-motions for summary judgment. (See Springer Mot. for Summ. J., ECF No. 16; Comm'r Mot. for Summ. J., ECF No. 19.) For the reasons explained below, the Court GRANTS IN PART AND DENIES IN PART Springer's Motion for Summary Judgment (ECF No. 16), DENIES the Commissioner's Motion for Summary Judgment (ECF No. 19), and REMANDS for further proceedings.

I

A

On June 5, 2013, Springer filed an application for disability benefits under Title II of the Social Security Act (the "Initial Application"). (See Initial Application, ECF No. 12-3, PageID.155; Initial Application Summary, ECF No. 12-5, PageID.215.) Springer alleged that his period of disability began on June 8, 2012. (See Initial Application Summary, ECF No. 12-5, PageID.215.) Springer claimed that he suffered from several disabling conditions, including:

• Discogenic and degenerative back disorders;

• A fractured vertebrae column with a spinal cord lesion;

• Gastroesophageal reflux disease ("GERD");

• Anxiety;

• Right hip pain; and

• Excessive daytime sleepiness.

(See First ALJ Opinion, ECF No. 12-2, PageID.61; Initial Application, ECF No. 12-3, PageID.155.) On October 17, 2013, the Social Security Administration (the "SSA") denied the Initial Application. (See First ALJ Opinion, ECF No. 12-2, PageID.58.)

B

On October 21, 2013, Springer filed a written request for a hearing on the Initial Application before an administrative law judge (an "ALJ"). (See id. ) That hearing was held on January 12, 2015 (the "First Hearing"). (See id. ; 1/12/15 Hr'g Tr., ECF No. 12-2, PageID.78–137.) Springer testified as follows at the First Hearing:

• He had a bachelor's degree in elementary education and a master's degree in educational administration. (See id. , PageID.86.)

• Starting in 2000, he taught sixth grade social studies and eighth grade U.S. history. (See id. , PageID.88–89.) He also taught a graduate school course on social studies methods and worked as a middle school basketball and track and field coach. (See id. , PageID.90–91.)

• He stopped working in June 2012 because of extreme back pain. (See id. , PageID.93.) He felt that he was unable to work "[b]ecause I can't sit. I can't stand, can't walk, stoop, I can't twist, I can't bend without pain. And the pain is so much that I just – I can't focus on other things." (Id. , PageID.118.) He said that, by the end of his career, he was taking up to 18 sick days per year, was "constantly in pain," was "having a hard time organizing things," and had "to lie down on the floor during class." (Id. , PageID.110, 112.)

• He was in a skiing accident in 1996, which caused several compression fractures in the thoracic region of his spine. He had recently suffered another compression fracture after he experienced a "small fall." (See id. , PageID.107–108.)

• On a pain scale of 1 through 10, his pain "never goes below a 3 or a 4," and sometimes his pain would "flare up to 7, 8." (Id. , PageID.121.)

• On a daily basis he took MS Contin and Zanaflex for pain, Omeprazole for acid reflux, Adderall for sleepiness, and Neurontin for nerve pain and his mental health issues. (See id. , PageID.122–123, 125.) Occasionally he took Norco when he experienced breakthrough pain. (See id. )

• He had not undergone back surgery because his doctors recommended surgery only as a last resort. (Id. , PageID.108.)

• His twelve-year-old daughter from a prior marriage lived with him every other week. Otherwise, he lived alone. (See id. , PageID.84.) He lived in a two-story house, but it was too difficult for him walk up the stairs to the second floor. (See id. , PageID.85.)

• He drove "very little" unless his daughter was staying with him, in which case he drove her to school and back. (Id. , PageID.97.)

• On a typical day, he: made sandwiches for his daughter's lunch when she was staying with him, but he had "to do it in stages because it's really difficult for me to just stand"; performed – depending on the level of pain he was in – "minor chores" around the house; laid down "often" to stretch and perform his physical therapy; watched TV; and read. (Id. , PageID.100)

• He typically slept "four or five hours" a night because the "pain just wakes me up all the time." (Id. , PageID.102.)

• Depending on his pain levels, he had to stand up and stretch every one to every five minutes. (Id. , PageID.118.)

• Because of his pain, he no longer showered daily. He relied on friends to help with tasks such as laundry and housekeeping, and he taught his daughter how to do most of their cooking. (Id. , PageID.103.)

• He suffered from anxiety and depression. Doctors from Michigan Neurology prescribed him medications for his mental health. (See id. , PageID.109–110.)

• "Nearly every one" of his medications caused him sleepiness. His medications and his pain occasionally caused him dizziness and diminished concentration. (Id. , PageID.114–115.) He frequently fell asleep in public places, while using the bathroom, and (when he had been working) during class. (See id. , PageID.119–120.) He recorded every TV show he watched "because I usually can't watch a show without falling asleep, or ... focus on it." (Id. , PageID.119.)

• He used a cane to help walk since 2011. The cane was recommended by a doctor, but it was not prescribed for him. (See id. , PageID.116–117.)

A vocational expert (the "VE") also testified at the First Hearing. To guide the VE in her testimony, the ALJ described a hypothetical individual of Springer's age, educational level, and work experience, who had the following limitations:

The person could only occasionally climb[ ] stairs, crouch or crawl, or kneel, or stoop, or bend. He would need to avoid working around hazards, which would be things like dangerous moving machinery, unprotected heights, or climbing ladders, or ropes, or scaffolding. He would need some flexibility to change positions, like a sit/stand option. The work should be something that's self paced or low stress; something that's simple and routine in nature.

(Id. , PageID.130–131; emphasis added.) The VE testified that the above-described hypothetical individual could not perform Springer's past relevant work as a teacher and coach. (See id. , PageID.131.) But the VE testified that the hypothetical individual "could perform light unskilled work" as a general office clerk, information clerk, or inspector. (Id. , PageID.131–132.) If the hypothetical individual was limited to sedentary work, then he could find unskilled work as a general office clerk, information clerk, or order checker. (See id. )

C

On March 27, 2015, the ALJ issued a written opinion denying Springer's claim for benefits (the "First ALJ Decision"). (See First ALJ Decision, ECF No. 12-2, PageID.58.) In the First ALJ Decision, the ALJ applied the SSA's five-step sequential analysis to determine if Springer was disabled. (See id. , PageID.60–73.) The five steps are as follows:

Step One: Has claimant engaged in substantial gainful activity? If not, move to Step Two.

Step Two: Does claimant suffer from one or more severe impairments? If so, move to Step Three.

Step Three: Does claimant's impairments or combination of impairments meet or medically equal the criteria of an impairment listed in the Commissioner's Listing of Impairments, 20 C.F.R. Part 404, Subpart P, Appendix 1 ? If so, claimant is disabled. If not, move to Step Four.

Step Four: Considering claimant's residual functional capacity, can the claimant perform his or her past relevant work? If not, move to Step Five.

Step Five: Considering claimant's age, education, past work experience, and residual functional capacity, can the claimant perform other work available in the national economy? If not, claimant is disabled.

See 20 C.F.R. § 404.1520.

At Step One, the ALJ found that Springer had not engaged in substantial gainful activity since he stopped working in June 2012. (See First ALJ Decision, ECF No. 12-2, PageID.60.) At Step Two, the ALJ concluded that Springer suffered from the following severe impairments:

• Multilevel disc bulging;

• Degenerative disc disease with mild compression deformities of the thoracic spine; and

• Depressive disorder.

(See id. , PageID.60–61.) At Step Three, the ALJ found that Springer did "not have an impairment or combination of impairments that [met] or medically equal[ed] the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1." (Id. , PageID.61–63.) Thus, the ALJ concluded that Springer was not disabled at this step.

Prior to Step Four, the ALJ found that Springer had the residual functional capacity (the "First RFC") to perform "light work" with the following limitations:

[C]laimant is limited to occasional climbing of stairs, crouching, crawling, kneeling, stooping, and bending. The claimant must avoid work that involves workplace hazards such as moving machinery, unprotected heights, and climbing of ladders. In addition, the claimant is restricted to a work environment that would allow him the opportunity to alternate between sitting and

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