German v. Commissioner of Social Security

Background

Sabina German sought judicial review of an administrative law judge’s decision denying her applications for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. The administrative law judge found that German had several physical and mental impairments but retained the capacity to perform light work with certain restrictions. The judge concluded that she could perform her past work as a cleaner or other work as an office helper, information clerk, or counter clerk.

Magistrate Judge Stewart D. Aaron issued a report and recommendation recommending that the court affirm the Commissioner of Social Security’s decision and dismiss German’s complaint. The parties had filed a joint stipulation instead of separate motions for judgment based on the pleadings. German objected to the recommendation.

Issues and analysis

The court reviewed German’s specific objections from the beginning, while reviewing the unchallenged portions of the recommendation for clear error. The court considered whether the administrative law judge properly weighed the medical opinion evidence and properly evaluated German’s testimony.

The court concluded that the administrative law judge properly gave only partial weight to the opinion of consultative examiner John Fkiaras, M.D. The court agreed that the record supported the finding about German’s ability to walk and that Dr. Fkiaras had not expressly imposed a sit-or-stand limitation. The court also noted that light work generally involves standing or walking intermittently for about six hours of an eight-hour workday, rather than continuously.

The court agreed that a statement in consultative psychologist Mentwab Wuhib, Ph.D.’s opinion was a typographical error referring to simple directions instead of complex directions. The surrounding discussion made the intended reference to complex instructions apparent. The court also found that the administrative law judge properly accounted for consultative psychologist Kelly Thomas, Psy.D.’s opinion concerning German’s moderate limitations in attention, concentration, maintaining a schedule, dealing with stress, and related abilities.

Finally, the court held that the administrative law judge properly considered German’s testimony. The administrative law judge found that German’s impairments could reasonably cause her symptoms but that her statements about their intensity and persistence were not entirely consistent with the medical and other evidence. The court concluded that substantial evidence supported the finding that German could perform a wide range of unskilled work. “Substantial evidence” means relevant evidence that a reasonable person could accept as adequate to support a conclusion.

Ruling

Judge Analisa Torres overruled German’s objections and adopted Judge Aaron’s report and recommendation in its entirety. The court affirmed the Commissioner’s decision and dismissed the complaint. The clerk was directed to close the case.