Blackman v. Commissioner of Social Security

Background

Amirah A. Blackman, representing herself, challenged the Commissioner of Social Security’s final decision denying her applications for Disability Insurance Benefits and Supplemental Security Income. Her applications, filed in 2011 and 2012, went through multiple administrative hearings and remands. After a final administrative decision dated January 31, 2018, the Appeals Council denied review on February 15, 2019. The Commissioner then moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c).

Blackman alleged limitations from hearing loss, depression, anxiety, a learning disorder, post-traumatic stress disorder, and panic disorder. The administrative law judge found these conditions to be severe impairments but determined that Blackman retained the capacity to perform a full range of work with nonphysical limitations. Those limitations included understanding, remembering, and carrying out simple work; adapting to routine workplace changes; occasionally interacting with supervisors, coworkers, and the public; and working only in areas with moderate noise. Based on those limitations, the administrative law judge identified several unskilled jobs that Blackman could perform, including housekeeping cleaner, commercial cleaner, floor waxer, and wall cleaner.

Court’s Analysis

The court reviewed the administrative decision under 42 U.S.C. §§ 405(g) and 1383(c)(3). It explained that the decision had to be supported by substantial evidence—relevant evidence that a reasonable person could accept as adequate—and had to apply the correct legal standard. The court stated that it could not replace the Commissioner’s judgment where the evidence supported more than one reasonable interpretation.

The court upheld the physical portion of the residual functional capacity finding. Blackman’s hearing improved substantially after her May 2011 ear surgery. Although some evidence showed continuing sensitivity to noise, later records and testimony indicated that she generally did not have difficulty hearing people. The court concluded that the restriction to moderate-noise settings reasonably accounted for her remaining hearing-related symptoms.

The court also upheld the mental portion of the finding. It recognized Blackman’s documented history of depression and anxiety, including symptoms related to custody disputes, an abusive relationship, and financial and housing stress. But the court cited evidence that she could care for her child, clean, prepare meals, do laundry, use public transportation, read, shop, exercise, and perform other daily activities. The court also relied on treatment records showing improvement with medication and psychotherapy and medical opinions indicating that she could perform simple, routine, or low-stress work.

The court considered, among other evidence, opinions from Dr. Michelle Marks, Elizabeth Bergman, Dr. Alan Durbo, and Dr. T. Harding supporting an ability to perform simple work or handle routine workplace changes. It also addressed Dr. Melissa Antiaris’s intelligence testing, which produced a full-scale IQ score of 63. The court noted that Dr. Antiaris cautioned that the score should be considered carefully because Blackman had not followed all directions, and that Dr. Antiaris also found no limitation in following simple directions or performing simple tasks independently.

Disposition

The court concluded that the administrative law judge’s residual functional capacity determination was supported by substantial evidence and was not legally erroneous. Judge Andrew L. Carter, Jr. granted the Commissioner’s motion for judgment on the pleadings and directed the Clerk to close the case. The opinion does not state that the motion was granted with or without prejudice.