Reed v. Berryhill
Reed v. Berryhill
Opinion of the Court
Plaintiff John Reed filed this action pursuant to
Denying Plaintiff's claim for SSI, the Administrative Law Judge ("ALJ") found that Plaintiff suffered from disorders of *527the spine, chronic heart failure, chronic kidney disease, diabetes mellitus, and obesity, as well as an affective disorder,
Plaintiff sought review of the ALJ's conclusions and he contended that the ALJ failed to consider or discuss particular treating opinions and assessments. The R & R determined that the ALJ's conclusions were supported by substantial evidence. Plaintiff now objects to the R & R on two grounds: 1) that the ALJ should have discussed and weighed Plaintiff's treating physician's New York Heart Association ("NYHA") assessments as medical opinions,
1. Plaintiff's NYHA Diagnoses
Plaintiff contends that the ALJ failed to discuss and weigh his diagnoses and symptoms under the NYHA regarding his heart condition, which were briefly stated in treatment notes by three treating cardiologists-Drs. Rodriguez, Kessel, and Reynolds.
Medical opinions are defined as "statements from acceptable medical *528sources that reflect judgments about the nature and severity of [a plaintiff's] impairment(s), including [his] symptoms, diagnosis and prognosis, what [he] can still do despite impairment(s), and [his] physical or mental restrictions."
Contrary to the R & R's treatment of Plaintiff's NYHA notations as non-medical opinions reserved for the Commissioner, the cardiologists' remarks reflect judgments about the nature and severity of Plaintiff's impairments under the NYHA's classifications for heart failure. For example, Dr. Kessel's May 25, 2014 note stating that Plaintiff was having "class III symptoms" directly provides a diagnosis and judgment about his impairments, as class III denotes a person with "[m]arked limitation of physical activity. Comfortable at rest. Less than ordinary activity causes fatigue, palpitation, dyspnea."
As medical opinions, the assessments may be afforded "more or less weight depending upon the extent to which supporting explanations are provided."
*529As the R & R noted, the ALJ fully discussed Plaintiff's cardiac care, including his treatment with the cardiologists on dates that correspond to the aforementioned NYHA class symptoms.
2. Plaintiff's Step Four "Past Relevant Work" Determination
During step four of the sequential evaluation process, which determines if a claimant is disabled, an ALJ must compare its RFC assessment with the physical and mental demands of the claimant's past relevant work.
Plaintiff objects to the R & R's conclusion that the ALJ properly determined in step four that Plaintiff's past relevant work was solely as a substance abuse counselor, and that Plaintiff did not meet his burden of demonstrating his past relevant work was a composite job.
AND NOW, this 9th day of October 2018, upon consideration of Plaintiff's Request for Review, Defendant's Response, the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, Plaintiff's Objections to the Report and Recommendation, and Defendant's Response thereto, and after a careful, independent review of the complete administrative record, it is hereby ORDERED that:
1. The Clerk is DIRECTED to remove the case from civil suspense;
2. Plaintiff's Objections to the R & R [Doc. No. 18] are OVERRULED .
3. The Report and Recommendation [Doc. No. 16] is APPROVED AND ADOPTED .
4. Consistent with the R & R, the relief sought in Plaintiff's Request for Review [Doc. No. 11] is DENIED , and the decision of the Commissioner is AFFIRMED .
It is so ORDERED .
Administrative Record ("R.") 18-20.
R. 28.
R. 27.
The NYHA is the most commonly used classification system to determine patients' heart failure according to the severity of their symptoms. Classes of Heart Failure , Am. Heart Ass'n , http://www.heart.org/en/health-topics/heart-failure /what-is-heart-failure/classes-of-heart-failure (last visited Oct. 5, 2018). The NYHA places patients in one of four categories based on how much they are limited during physical activity.
Doc. No. 18 ("Objections") at 1. More specifically, Plaintiff refers to (1) Dr. Rodriguez' May 23, 2014 note that Plaintiff was "having NYHA IV symptoms" (R. 474); (2) a May 25, 2014 note from Dr. Kessel that Reed Plaintiff was having "New York Heart Association class III symptoms" (R. 276); (3) an unsigned letter dated May 30, 2014 from Dr. Rodriguez referencing NYHA III (R. 700); (4) a June 4, 2014 assessment from Dr. Reynolds that Plaintiff was exhibiting "Class III" symptoms after being admitted to Chestnut Hill Hospital on May 26, 2014 (R. 355); and (5) a December 5, 2014 letter from Dr. Rodriguez indicating that Plaintiff received treatment for "Dilated Cardiomyopathy" "NYHA III." (R. 696).
Classes of Heart Failure , Am. Heart Ass'n , http://www.heart.org/en/health-topics/heart-failure /what-is-heart-failure /classes-of-heart-failure (last visited Oct. 5, 2018).
R & R at 19-20.
Objections at 3;
Shalala ,
Classes of Heart Failure , Am. Heart Ass'n , http://www.heart.org/en/health-topics/heart-failure /what-is-heart-failure /classes-of-heart-failure (last visited Oct. 5, 2018).
See R & R at 20 ("To the extent this evidence speaks to whether Plaintiff is 'disabled' or 'unable to work,' that type of evidence relates to 'issues reserved for the Commissioner,' and is not medical opinion evidence.").
Brownawell v. Comm'r of Soc. Sec. ,
Hur v. Barnhart ,
See Foley v. Comm'r of Soc. Sec. ,
Foley ,
R & R at 19 (citing R. 24-28).
R. 27 (emphasis added).
R. 27 (citing
Plaintiff stated that he was completely unable to work. R. 27. However, examples that refute such statement include Plaintiff's impressive response to treatment for acute exacerbations in the past, his ability to participate in daily activities such as personal care and routine daily activities, his ability to communicate with others and to drive a car, and his lack of need for an assistive device for ambulation. R. 23, 24, 27, 57, 258, 481, 504, 821.
Moreover, Plaintiff fails to mention other NYHA notations which diagnose him as having slight to no limitations of physical activity on June 24, 2014 (R. 481), December 9, 2014 (R. 726), January 29, 2015 (R. 714-15), and February 26, 2015 (R. 839). The persuasiveness of Plaintiff's narrowly selected medical opinions, without the inclusion of these other notations, thus further diminishes.
Ramirez v. Barnhart ,
See SSR 82-61,
Giddings v. Berryhill ,
Objections at 4.
Blum v. Berryhill ,
Reference
- Full Case Name
- John REED v. Nancy A. BERRYHILL, Acting Commissioner of Social Security
- Cited By
- 12 cases
- Status
- Published