Rick C. H. v. Kijakazi

Background

Rick C. H. sued after the Acting Commissioner of Social Security denied his application for disability benefits. He asked the court to reverse the Commissioner’s final decision and either award benefits or remand the matter for further proceedings. The parties filed cross-motions for summary judgment, which asks the court to decide the case based on the record when there is no genuine dispute requiring a trial.

Magistrate Judge Hildy Bowbeer recommended denying Rick C. H.’s motion and granting the Commissioner’s motion. Rick C. H. timely objected. The opinion notes that, because of Judge Bowbeer’s retirement, the case was reassigned to Magistrate Judge Tony N. Leung on June 10, 2022.

Issue and Analysis

Rick C. H.’s objection concerned whether the administrative law judge properly evaluated the “supportability” of the opinion from Dr. Dickson, a consulting medical examiner. Under the cited regulation, supportability examines how relevant the objective medical evidence and the source’s explanations are to supporting a medical opinion. The regulation also requires consideration of consistency and other listed factors, with supportability and consistency identified as the most important factors.

The court agreed with the magistrate judge that the administrative law judge adequately explained the decision to give Dr. Dickson’s opinion little persuasive value. The administrative law judge viewed the opinion as relying largely on Rick C. H.’s subjective reports of pain and an observed awkward gait, and found the opinion inconsistent with Rick C. H.’s treating doctor’s conclusions and other medical examinations. The administrative law judge also relied on the absence of mental-health treatment beyond minimal medication management and on Rick C. H.’s own report to Dr. Dickson.

The court concluded that Rick C. H.’s objection repeated arguments made in his summary-judgment motion and did not identify a legal or factual error in the magistrate judge’s analysis. The court found no error in the conclusion that the administrative law judge sufficiently described the supportability determination.

Disposition

Judge Katherine Menendez overruled Rick C. H.’s objections, accepted the magistrate judge’s report and recommendation, denied Rick C. H.’s motion for summary judgment, and granted the Commissioner’s motion for summary judgment. The order directed that judgment be entered accordingly.