Villalobo v. Commissioner of Social Security

Background

Maria Villalobo sought review under 42 U.S.C. § 405(g) of the Commissioner of Social Security’s decision denying her application for disability insurance benefits and supplemental security income. She originally alleged disability beginning January 1, 2015, but later amended the alleged onset date to October 1, 2017. Administrative Law Judge Andrea Addison found that Villalobo had severe impairments involving a healed left wrist fracture, a learning disorder, and major depressive disorder with anxiety, but concluded that she was not disabled because she could perform jobs existing in significant numbers in the national economy.

Villalobo challenged that decision through a motion for judgment on the pleadings. The Commissioner filed a cross-motion for judgment on the pleadings. The report and recommendation was issued by Magistrate Judge Judith C. McCarthy for review by District Judge Cathy Seibel.

Issues and analysis

Villalobo argued that the administrative law judge improperly discounted opinions from Dr. Arturo Marrero-Figarella, consultative examiner Dr. Jeanne Villani, and state-agency consultant Dr. E. Kamin. The report concluded that the administrative law judge reasonably gave limited weight to portions of those opinions because they were inconsistent with treatment notes, Villalobo’s reported activities, and evidence that her symptoms were generally controlled during the relevant period. The report also found that the residual functional capacity assessment incorporated many of the limitations identified by Drs. Villani and Kamin, including restrictions to simple, routine work, work involving up to four steps, training by demonstration, limited workplace interaction, occasional work-related decisions, and five percent off-task time.

Villalobo also argued that the administrative law judge failed to develop the record. She asserted that the agency should have obtained an updated mental-health examination, a new intelligence test, and a physical examination concerning her wrist. The report rejected these arguments. It found that the record contained enough information to evaluate her mental and cognitive limitations, including treatment records and the existing opinions. It also found that the wrist evidence supported a common-sense assessment without another examination because the fracture had healed, treatment remained conservative, symptoms improved, and later examinations showed minimal or no pain, no swelling, and no limitation in motion. The report acknowledged some errors in the administrative law judge’s discussion of the evidence but found them harmless because substantial evidence independently supported the residual functional capacity assessment.

Finally, Villalobo argued that her reading, writing, communication, and cognitive difficulties prevented her from performing the jobs identified by the vocational expert, all of which required the lowest language-development level in the Dictionary of Occupational Titles. The report recognized conflicting evidence, including Villalobo’s testimony that she had difficulty reading and needed her daughter’s help, but also noted that she completed reports in English, stated that she could read and write more than her name, declined an interpreter, used public transportation, communicated by phone, and had worked as a babysitter. The report concluded that substantial evidence supported the administrative law judge’s finding that Villalobo could perform the identified unskilled jobs.

Disposition

The report and recommendation recommended denying Villalobo’s motion for judgment on the pleadings and granting the Commissioner’s cross-motion. The report therefore recommended leaving the Commissioner’s denial of benefits in place. The notice stated that the parties had fourteen days after receiving the report to file objections. The provided text also contains an opening direction to terminate the motions, enter judgment for the defendant, and close the case, but the body and conclusion are framed as a report and recommendation.