Lieberman v. Berryhill

Background

Lisa Ann Lieberman brought this action under 42 U.S.C. § 405(g), seeking judicial review of the Commissioner of Social Security’s denial of her application for disability insurance benefits. She based her claim on a herniated disc, numbness in her legs, and neck stiffness. The administrative proceedings included several hearings and agency remands. After the agency’s most recent administrative law judge denied her claim, Lieberman filed this case.

The matter was referred to Magistrate Judge Andrew E. Krause, who issued a report and recommendation. He recommended granting Lieberman’s motion for judgment on the pleadings to the extent of remanding the case to the agency for further proceedings and denying the Commissioner’s motion for judgment in the Commissioner’s favor. Lieberman objected to the recommended remedy, arguing that the court should remand only for calculation of benefits. The Commissioner opposed that request and sought a remand for all purposes.

Court’s Analysis

The court adopted Magistrate Judge Krause’s analysis and legal conclusions. It agreed that the administrative law judge properly used the required five-step disability analysis but erred in evaluating the medical evidence.

In particular, the administrative law judge gave significant evidentiary weight to consulting examiner Dr. Leena Philip, who found a fair prognosis and mild bending limitations related to low-back pain. The judge gave only some evidentiary weight to treating physician Dr. Claudia Felberg’s physical-function report and failed to properly apply the treating-physician rule to Dr. Hui Chon Kim’s opinions.

Dr. Kim’s June 1, 2011 residual-functional-capacity questionnaire stated that Lieberman could lift or carry less than 10 pounds occasionally, stand or walk less than two hours per day, sit less than six hours per day, and could not push or pull more than 10 pounds. In a related letter, Dr. Kim advised her to avoid lifting or carrying more than 10 pounds, sitting or standing for more than 30 minutes, and repetitive overhead reaching. The questionnaire referred to magnetic-resonance-imaging reports, including reports concerning Lieberman’s cervical and lumbar spine.

The court stated that the lumbar-spine magnetic-resonance-imaging report showed, among other things, spondylolisthesis at L4-L5, increased joint degeneration, and disc bulging with nerve impingement at L4-L5 and L5-S1. The court concluded that the administrative law judge did not adequately evaluate these clinical and objective findings together with Dr. Kim’s opinion. The judge also did not properly reconcile Dr. Philip’s opinion with the objective and clinical evidence supporting Lieberman’s claim.

Remedy and Disposition

The court rejected Lieberman’s request for a remand solely to calculate benefits. It explained that such a remedy may be appropriate when the record contains persuasive, uncontradicted proof of disability and further evidence-gathering would serve no purpose. Here, however, there had not yet been a determination that Lieberman was actually disabled. The court held that the lengthy delay, by itself, was not enough to order payment of benefits.

Judge Nelson S. Roman adopted the report and recommendation in its entirety. The court granted Lieberman’s motion to the extent of remanding the case to the agency for further administrative proceedings under sentence four of 42 U.S.C. § 405(g), rather than solely for calculation of benefits, and denied the Commissioner’s motion. The clerk was directed to terminate the motions at ECF Nos. 19 and 27 and the case.