Valle v. Berryhill

444 F.Supp.3d 299

Yomaira VALLE, Plaintiff

v.Nancy A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant

CIVIL ACTION NO. 18-11901-RGS

United States District Court, D. Massachusetts.

Filed March 17, 2020

ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

STEARNS, D.J.

I agree with Magistrate Judge Cabell's thorough and careful analysis of the record and his conclusion that the Commissioner correctly found that plaintiff Valle was at all relevant times neither physically nor mentally disabled within the meaning of the Social Security Act. Like the Magistrate Judge, I find no reason to fault the Administrative Law Judge's (ALJ) assessment of the evidence regarding plaintiff's mental and physical limitations. Even putting aside the applicable deferential standard of review, the record is not only complete, but also overwhelmingly supportive of the ALJ's determinations, including the finding that there are jobs in the national economy that Valle can perform. Consequently, Magistrate Judge Cabell's Recommendation is ADOPTED. Plaintiff's motion to reverse or remand the decision of the Commissioner is DENIED, and the Commissioner's motion to affirm is ALLOWED. The Clerk will enter judgment for the Commissioner and close the case.¹

SO ORDERED.

REPORT AND RECOMMENDATION ON THE PLAINTIFF'S MOTION TO REVERSE AND THE COMMISSIONER'S MOTION TO AFFIRM

CABELL, U.S.M.J.

I. INTRODUCTION

Plaintiff Yomaira Valle seeks an order reversing a decision of the Acting Commissioner (the Commissioner) of the Social Security Administration (SSA) denying her application for Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) based on mental and physical disabilities. (D. 16). The Commissioner in turn seeks an order affirming her decision. (D. 19). The motions have been referred to this court for a Report and Recommendation. For the reasons stated below, I recommend that the plaintiff's motion to reverse be denied and that the Commissioner's motion to affirm be granted.

II. PROCEDURAL HISTORY

The plaintiff applied for DIB and SSI on March 28, 2016, alleging a disability beginning on December 23, 2015. (SSA Administrative Record of the proceedings, pp. 275, 277 (R. __)). The SSA denied the application twice, first on September 23, 2016, and then again on January 17, 2017, following Valle's request for reconsideration. (R. 140, 173). On October 19, 2017, an administrative law judge (ALJ) convened a hearing and subsequently found on November 28, 2017 that Valle was not disabled within the meaning of the Social Security Act (Act). (R. 31). On July 8, 2018, the Appeals Council denied Valle's request for review of the ALJ's decision, making that decision the final decision for purposes of this appeal. (R. 2).

III. FACTS

A. Plaintiff's Background

Valle is Puerto Rican and speaks primarily Spanish, although she can read and speak some English. She completed 11^th grade and previously worked as a cashier, housekeeper, home health aide, sales attendant and telephone customer service representative. Valle was 40 years and 4 months at the date of her alleged onset of disability (December 23, 2015). Valle initially alleged several physical and mental health-related disabilities, including depression and anxiety, back pain and sciatica, migraines, carpal tunnel syndrome, and chronic obstructive pulmonary disease, and later included significant right knee pain. (R. 34, 59-72, 110). Of pertinence here, Valle argues that her knee-related impairments and her mental health-related impairments were severe enough to warrant a finding of disability.

B. Relevant Medical Evidence

1. Knee-Related Evidence

With respect to her knee, Valle's family physician, Remya Tharackal Ravindran, M.D., indicated in a September 6, 2016 report that Valle said she began experiencing severe pain in her right knee after receiving an injection for lumbar stenosis. (R. 344). An x-ray of the knee was normal, but an MRI revealed an "oblique horizontal tear posterior horn of right medial meniscus." (R. 378, 384).

In February 2017, Valle saw Anitha Sadasivan Dasari, M.D., to treat her pain with oxycodone and gabapentin. (R. 1360). Dr. Dasari's records also reflect that Valle suffered from an "acute medial meniscal tear," and that she had knee surgery performed by a Dr. Georges Almacari on February 7, 2017, but the records do not contain any reports or information on the knee surgery from Dr. Almacari himself. (R. 1354-55).

On May 9, 2017, Dr. Dasari observed that Valle's right knee was still tender and that she was wearing a knee brace. (R. 1346). In June 2017, Valle began physical therapy for her knee (R. 1336), but after her initial consultation, she attended only two therapy appointments. (R. 1388). In August 2017, she reported that she planned to see an orthopedist for a second opinion. (R. 1337).

2. Mental Health-Related Evidence

With respect to her mental health impairments, Valle's psychiatrist, Mary Barkalow, M.D., completed a mental Residual Functional Capacity (RFC) questionnaire in September 2016. (R. 755). Dr. Barkalow indicated that Valle had difficulty concentrating as she had recurrent and intrusive recollections of trauma causing marked distress. Dr. Barkalow also opined that Valle could not meet competitive standards for sustaining a routine without special supervision, perform at a consistent pace without an unreasonable number and length of breaks, or deal with work stress.

Valle was also examined by a state psychological consultant in connection with her claim for benefits based on depression and anxiety. In September 2016 licensed psychologist Edward Powers, Ph.D., performed a psychodiagnostics interview at the request of Massachusetts Disability Determinations Services. (R. 751-53). Dr. Powers found Valle to be adequately groomed, attentive, and responsive, but she did appear to be in some emotional distress. (R. 752). That being said, Dr. Powers also found Valle's attention and concentration to be unimpaired, and she showed no evidence of psychosis, impulsivity, or memory problems. (Id.).

Still, Dr. Powers found that Valle "presented as someone unwell from multiple perspectives and in need of multifaceted healthcare services." (R. 753). He diagnosed Valle with major depressive disorder of moderate severity, PTSD stemming from childhood sexual abuse, and generalized anxiety disorder.

Also, in September 2016, psychologist Michelle Imber, Ph.D., reviewed Valle's records in connection with a mental RFC assessment. (R. 121-23). Dr. Imber found Valle had "moderate limitations" with respect to her ability to:

carry out detailed instructions; maintain attention and concentration for extended periods; work in coordination with or close proximity to others without being distracted; complete a normal workday and work week without interruptions from psychological symptoms; perform at a consistent pace without an unreasonable number and length of rest periods; interact appropriately with the general public; accept instructions and respond appropriately to criticism from supervisors; get along with coworkers or peers without distracting them or exhibiting social extremes; and respond appropriately to changes in her work setting. (Id.).

Based on these findings, Dr. Imber concluded that Valle could: understand and remember simple instructions; could concentrate and focus on simple tasks within the limits of physical discomfort for 2/8/40,¹ with occasional interruption for troublesome and intrusive memories of past trauma; could engage in routine social interaction in a low-conflict setting; and could adapt to simple changes. (Id).

In January 2017 state medical consultant Jane Metcalf, Ph.D., reviewed Valle's records and confirmed Dr. Imber's findings in a second RFC assessment, noting that Valle continued to struggle with mild to moderate anxiety and depression varying with her level of pain. (R. 156-57).

3. Evidence from other Records

Finally, two additional state medical consultants reviewed Valle's records. In September 2016 Wayne Draper, M.D., found her back issues to be primary and severe but also determined that Valle could stand or sit for six hours in an eight-hour workday, could "occasionally" climb stairs or ramps, bend at the waist, kneel, crouch, and crawl. (R. 118-121). In January 2017, Jane McInerny, M.D., reached the same findings. (R. 151-54).

4. Evidence from the Administrative Hearing

The ALJ convened an administrative hearing on October 19, 2017. Valle testified at the hearing regarding both physical and mental limitations.

With respect to physical limitations, she testified regarding her back, her hands and her knee. Regarding her back, she testified that she worked for T.J. Maxx in customer service until she began experiencing low back pain that caused her to resign. She managed the low back pain with epidural injections and oxycodone but the injections became ineffective and her pain was a seven to eight. Recently, she had not felt able to do regular household chores and had spent more time in bed because of her back. (R. 73-74, 84-85, 90-91). With respect to her hands, she testified that she had difficulty handling small objects and writing which, she understood, was due to arthritis. She previously had surgery on her right thumb for carpal tunnel syndrome but was still experiencing pain. (R. 89-90). Regarding her right knee, Valle testified that she had a problem with her ligament for which she had undergone surgery, and she still had pain despite the surgery, physical therapy and injections. (R. 91). Valle estimated that she could stand only 20 minutes at a time and sit for 30-45 minutes at a time. (R. 87). However, she also testified that she could walk for about 10 minutes at one time and that her medication relieved her pain by about 80 percent. (R. 88).

With respect to her mental health, Valle testified that depression and anxiety affected her ability to interact with others and leave the house....