Dennis v. Saul

Background

Patricia A. Dennis applied for Supplemental Security Income in June 2017, alleging that she became disabled on October 1, 2014. She identified bipolar disorder and high blood pressure as conditions limiting her ability to work and also reported problems involving her right-eye vision, memory, concentration, sleep, mood, walking, and interactions with others. The agency denied her application initially and on reconsideration. After a hearing, an administrative law judge (ALJ) found that Dennis was not disabled.

The ALJ found severe impairments including bipolar disorder, anxiety disorder, obesity, asthma, osteoarthritis in both knees, degeneration in both hips, and blindness in the right eye. The ALJ found hypertension, post-traumatic stress disorder (PTSD), plantar fasciitis, migraines, and hyperlipidemia to be non-severe impairments. The ALJ determined that Dennis could perform less than the full range of light work, subject to restrictions such as limited climbing, avoiding unprotected heights and moving machinery, performing simple and repetitive tasks, having few workplace changes, and having limited interaction with others. Based on vocational-expert testimony, the ALJ found that she could perform jobs such as photocopy machine operator, marker or labeler, and routing clerk.

The Appeals Council denied review, making the ALJ’s decision final. Dennis then sought judicial review under 42 U.S.C. § 405(g). The opinion identifies Andrew Saul as the named defendant and states that the acting Commissioner, Kilolo Kijakazi, was substituted for him under Federal Rule of Civil Procedure 25(d).

Dennis’s Arguments

Dennis moved for summary judgment, a procedure asking the court to rule based on the administrative record when there is no material factual dispute. She argued that the ALJ erred by not treating her hand impairments and PTSD as severe impairments, failed to develop the record, and improperly assessed her residual functional capacity (RFC), meaning the most work she could still perform despite her impairments. She also challenged the ALJ’s consideration of her knee, hip, mental-health, and right-eye limitations and argued that the vocational expert’s testimony did not account for all of her limitations.

Dennis pointed to low grip-strength measurements, reduced hand sensation, and her testimony that her hands were numb and painful. The court noted, however, that the consultative examiner found no atrophy or significant deformity, negative Tinel’s and Phalen’s tests, the ability to make a fist, full motor strength, and no postural or manipulative limitations. The court also relied on Dennis’s reported activities, including cooking, doing laundry and dishes, taking out the trash, and playing games on her phone.

As to PTSD, the court acknowledged that the medical records included a PTSD diagnosis but found substantial evidence supporting the ALJ’s conclusion that it was non-severe. The records included multiple normal mental-status examinations and reports that Dennis’s symptoms improved with medication. The court also noted that the ALJ included mental limitations in the RFC assessment.

Court’s Analysis

The court explained that Step Two of the disability process is a screening step. Because the ALJ found that Dennis had severe impairments and continued with the remaining steps, the court concluded that any alleged error in failing to classify additional conditions as severe was harmless. The court separately found substantial evidence supporting the ALJ’s findings concerning Dennis’s hands and PTSD.

The court rejected Dennis’s argument that the ALJ had to order a consultative mental examination. An ALJ must further develop the record when the evidence is ambiguous or inadequate, but the court found that Dennis had not identified a specific omission or ambiguity. The record contained medical and mental-health notes covering nearly every month from June 2017 through April 2019, which the court found sufficient for the ALJ to evaluate her mental RFC.

The court also concluded that substantial evidence supported the RFC assessment. It found that the ALJ considered medical records, symptoms, and daily activities, including shopping, using public transportation, traveling, camping, attending appointments, and visiting family. The court found that Dennis had not identified specific additional restrictions required by her knee, hip, or right-eye conditions. Because the RFC included the limitations supported by substantial evidence, the court also upheld the ALJ’s hypothetical questions to the vocational expert.

Disposition

Judge Haywood S. Gilliam, Jr. denied Dennis’s motion for summary judgment and granted the defendant’s motion for summary judgment. The court affirmed the ALJ’s decision, directed the clerk to enter judgment for the defendant, and ordered the case closed.