Davis v. Berryhill
Davis v. Berryhill
Opinion of the Court
ORDER
Plaintiff Douglas Davis objects to a Report and Recommendation (“R&R”)
I. Procedural History
Plaintiff' has sought disability benefits for many years, and this history is recounted in detail in the R&R.
II. Plaintiffs Objection to the “Import and Effect” of the Previous Order
A central disagreement between the parties is the scope of review required by this Court’s 2014 remand order (“Order”),
Plaintiff argues that the Order required the ALJ on remand to consider Plaintiffs trigeminal neuralgia and bipolar disorder “in combination with his other impairments, and to reach a conclusion regarding the consistency of the effects of the combined impairments on the Plaintiffs description of his functioning.”
Consistent with SSR 96-8p and the Order’s acceptance of ALJ Garrety’s credibility finding regarding Plaintiffs physical limitations, on remand the ALJ was primarily to reconsider the non-exertional limitations caused by Plaintiffs trigeminal neuralgia and bipolar disorder, and to incorporate them—along with the limitations caused by his other conditions—into the residual functional capacity (“RFC”) determination.
In light of the scope of the Court’s remand Order, Plaintiffs argument that ALJ Yatron should have made a new holistic credibility determination based on the entire record for all conditions is incorrect. Instead, the Court required the ALJ to take into account the effects of his trigemi-nal neuralgia and bipolar disorder from onset to his date last insured—February 27, 2004 to December 31, 2009.
In reviewing ALJ Yatron’s decision, the full record, and the R&R, the Court agrees that ALJ Yatron followed the Court’s earlier directives and the RPC assessment took into account limitations caused by Plaintiffs trigeminal neuralgia and his mental health conditions.
First, with respect to Plaintiffs trigeminal neuralgia, the Order pointed to interrupted sleep and unpredictable pain as potentially causing additional limitations and remanded for an assessment.
Second, regarding Plaintiffs bipolar disorder, the Order specified that Plaintiffs limitations based on decreased concentration, persistence, and pace should be examined.
1. The Clerk is directed to REMOVE the case from Civil Suspense and return it to the active docket;
2. The Objections are OVERRULED;
3. The Report and Recommendation is APPROVED and ADOPTED;
4. Plaintiffs Request for Review is DENIED.
It is so ORDERED.
. Consistent with the R&R, the Court will cite the original administrative record as “R.”
. R&R at 1-3.
. R. at 131-33.
. Id. at 53.
. Id. at 110.
. Id. at 20-35.
. Id. at 787; see also Civil Action No. 12-2621 (E.D. Pa.).
. R. at 756.
. Id. at 753-72. In his decision, ALJ Yatron indicated that Plaintiff filed an application for Supplemental Security Income benefits ("SSI”) ion March 2, 2015. R. at 772, This Court finds Plaintiff’s application for SSI to ' be filed as of that date,
. Id. at 743-46.
. Id. at 784-87.
. See Doc. No. 15 at 5-24 (Plaintiff stating ALJ on remand failed to consider the combined and synergistic effects of trigeminal neuralgia and psychiatric conditions as required); Doc. No. 20 at 5-9 (Defendant defining a narrower issue to be considered on remand regarding these impairments and arguing that ALJ satisfied it).
. SSR 96-8p represents the Administration's policy on the assessment of residual functional capacity. The Ruling cautions, "[cjareful consideration must be given to any available information about symptoms because subjective descriptions may indicate more severe limitations or restrictions than can be shown by objective medical evidence alone.”
. R. at 786.
. Id. at 787.
. Id. at 785 n.5.
. Doc. No. 25 at 2.
. SSR 96-8p states, in relevant part: "Non-exertional capacity considers all work-related limitations and restrictions that do not depend on an individual’s physical strength.”
. This is consistent with Plaintiff’s repeated arguments that the ALJ failed to consider the non-exertional limitations caused by these conditions. See, e.g., Doc. No. 15 at 16 ("With [trigeminal neuralgia], it is the effect on consistent work and regular attendance on a full-time basis that is compromised, not the ability to lift and carry.”).
. R. at 34 ("The claimant was not under a disability.. .at any time from February 27, 2004, the alleged onset date, through December 31, 2009, the date last insured.”). ALJ Yatron also considered new evidence from the
. R. at 785-86.
. Id. at 767.
. R&R at 10.
. See id. at 10-12.
. R. at 785.
. Doc. No. 15 at 18.
. R&R at 12-14.
. Id.
. R. at 769-70.
. Id. at 771.
. Plaintiff places heavy weight on the report of Daniel Medlar, Psy.D., in arguing that ALJ Yatron's RFC determination with respect to his mental limitations is not supported by substantial evidence. Doc. No. 15 at 19-22. This Court agrees with the R&R's thorough analysis and rejection of this contention. R&R at 14-17. Dr. Medlar’s evaluation occurred in June of 2013, years after Plaintiff was last insured for DIB and before his application for SSL More importantly, as stated in the R&R, Dr. Medlar did not indicate limitations stemming from Plaintiffs diagnosed conditions that suggest Plaintiff has more significant limitations than those determined by ALJ Yatron.
Reference
- Full Case Name
- Douglas A. DAVIS v. Nancy A. BERRYHILL, Acting Commissioner of the Social Security Administration
- Status
- Published