LOUISE W. FLANAGAN, District Judge.
This matter comes before the court on the parties' cross motions for judgment on the pleadings (DE ## 46, 48). Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert B. Jones, Jr. entered memorandum and recommendation ("M&R") (DE # 51) wherein he recommends that the court deny plaintiff's motion, grant defendant's motion, and uphold the final decision of the Commissioner of Social Security ("Commissioner"). Plaintiff timely filed objections to the M&R, to which defendant did not respond. In this posture, the issues raised are ripe for ruling. For the reasons that follow, the court adopts the recommendation of the magistrate judge.
On February 5, 2007, plaintiff filed an application for a period of disability and disability insurance benefits, alleging a disability onset date of January 22, 2007. Hearing was held before an Administrative Law Judge ("ALJ") on August 31, 2009. Plaintiff was represented by counsel, and a vocational expert ("VE") testified. On October 16, 2009, the ALJ issued a decision denying plaintiff's request for benefits. The Appeals Council denied plaintiff's request for review on July 28, 2010. Plaintiff filed her complaint in this court on September 22, 2010, seeking review of the final administrative decision.
A detailed summary of the procedural and factual history of the case is found in the M&R.
The court has jurisdiction under 42 U.S.C. § 405(g) to review the Commissioner's final decision denying benefits. The court must uphold the factual findings of the ALJ "if they are supported by substantial evidence and were reached through application of the correct legal standard."
To assist it in its review of the Commissioner's denial of benefits, the court may "designate a magistrate judge to conduct hearings . . . and to submit . . . proposed findings of fact and recommendations for the disposition [of the motions for judgment on the pleadings]." See 28 U.S.C. § 636(b)(1)(B). The parties may object to the magistrate judge's findings and recommendations, and the court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."
The ALJ's determination of eligibility for Social Security benefits involves a five-step sequential evaluation process, which asks whether:
In the instant matter, the ALJ performed the sequential evaluation. At step one, the ALJ found that plaintiff had not engaged in substantial gainful activity since January 22, 2007, the alleged onset date of her disability. The ALJ then found at step two that plaintiff had the following severe impairments: degenerative disk disease, carpal tunnel syndrome, diabetes mellitus, hypertension, asthma, chronic obstructive pulmonary disease, and obesity. However, at step three the ALJ further determined that these impairments were not sufficiently severe to meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1.
Prior to proceeding to step four, the ALJ assessed plaintiff's residual functional capacity ("RFC") and found that plaintiff had the ability to perform light work with alternating between sitting and standing. In making this assessment, the ALJ found plaintiff's statements about her limitations not fully credible. The ALJ further found that plaintiff was unable to perform any past relevant work. However, at step five, upon considering plaintiff's age, education, work experience, and RFC, the ALJ concluded that jobs exist in significant numbers in the national economy that plaintiff could perform. The ALJ therefore concluded that plaintiff had not been under a disability, as defined in the Social Security Act, from January 22, 2007, through the date of his decision.
Plaintiff first objects to the magistrate judge's finding that the ALJ adequately considered plaintiff's alleged heart condition, which condition plaintiff asserts amounts to chronic heart failure, as defined in Listing 4.02.
"To be disabled under the Listings, ... the claimant must present evidence that the impairment meets or is medically equivalent to an impairment listed."
In
In the instant case, the ALJ did not reference Listing 4.02. The ALJ did discuss, however, evidence in the record that plaintiff identifies as supporting her claim of satisfying Listing 4.02. First, the ALJ referenced the report summarizing plaintiff's May 2007 examination at Immanuel St. Joseph's Hospital. Second, the ALJ noted the catheterization plaintiff underwent in July 2007, which the ALJ stated revealed "essentially normal coronary arteries and left ventricular hypertrophy with normal systolic function." After referencing this evidence, the ALJ concluded in his step three analysis that "[t]here is no evidence of any chronic heart failure."
Plaintiff disagrees with the ALJ's conclusion. The record, plaintiff contends, establishes that she met the requirements of Listing 4.02. The court will therefore consider whether substantial evidence supports the ALJ's finding that plaintiff did not suffer from chronic heart failure, as defined in Listing 4.02, during the asserted disability period.
Subsection A of Listing 4.02 requires plaintiff to demonstrate the medically documented presence of either (1) systolic failure with left ventricular end diastolic dimensions greater than 6.0 cm or ejection fraction of 30 percent or less during a period of stability (not during an episode of acute heart failure); or (2) diastolic failure with left ventricular posterior wall plus septal thickness totaling 2.5 cm or greater on imaging, with an enlarged left atrium greater than or equal to 4.5 cm, with normal or elevated ejection fraction during a period of stability (not during an episode of acute heart failure). 20 C.F.R. § 404, Subpt. P, App. 1, § 4.02A. Next, under subsection B, plaintiff must demonstrate that the systolic or diastolic failure results in one of the following:
20 C.F.R. § 404, Subpt. P, App. 1, § 4.02B.
The magistrate judge did not reach a definite conclusion as to whether plaintiff satisfied the subsection A criteria, because he determined that she failed to satisfy subsection B. The magistrate judge found that even if plaintiff suffered systolic failure in July 2007, as argued, she had not presented any evidence that the July 2007 systolic failure resulted in an inability to perform an exercise tolerance test at a workload equivalent to 5 METs or less, as required by Listing 4.02B(3). Plaintiff responds that evidence in the record demonstrates that she was only able to achieve five METs during a May 11, 2007 test. The final report from this test states: "The patient achieved 5.0 METS with a double product of 20008. The test was terminated due to dyspnea and leg distress .. . Normal left ventricular systolic function. Estimated left ventricular ejection fraction; 66%." (R. 365).
The magistrate judge correctly notes, however, that at the time of the May 2007 stress test, plaintiff had an estimated ejection fraction of sixty-six percent, well above the regulatory requirement of thirty percent. Plaintiff has not presented to the court any evidence that, concurrent with or subsequent to her July 13, 2007 catheterization, report of which indicates an ejection fraction of twenty percent, she had been unable to perform an exercise tolerance test at a workload equivalent to 5 METs or less due to dyspnea, fatigue, palpitations, or chest discomfort. 20 C.F.R. § 404, Subpt. P, App. 1, § 4.02B(3)(a). Nor has plaintiff argued or shown that she satisfies other criteria of subsection B. Accordingly, the court agrees with the magistrate judge that plaintiff has failed to meet her burden in establishing the requirements under Listing 4.02. Therefore, substantial evidence supports the ALJ's finding that plaintiff did not suffer from chronic heart failure.
Plaintiff contends that the ALJ erred in finding that plaintiff's condition did not meet Listing 1.04, which listing relates to disorders of the spine. Under Listing 1.04A, which the magistrate judge correctly identified as the relevant subsection here, a plaintiff must produce "[e]vidence of nerve root compression characterized by [1] neuro-anatomic distribution of pain, [2] limitation of motion of the spine, [3] motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, [4] if there is involvement of the lower back, positive straight-leg raising test (sitting and supine)." 20 C.F.R. § 404, Subpt. P, App. 1, § 1.04A.
The magistrate judge determined that plaintiff had not produced evidence to support a finding of motor loss accompanied by sensory or reflex loss, and therefore did not satisfy the third requirement of Listing 1.04A. Reference was made to the physical examinations performed by Raleigh Neurology Associates in June 2007, and by Raleigh Neurosurgical Clinic in April 2009. Records from the first examination indicate: "Motor: Muscle bulk is normal throughout. Muscle tone is normal throughout. MRC graded strength is 5/5 in the upper and lower extremities." (R. 405). Further, records from the April 2009 examination state that plaintiff had "5/5 power in bilateral upper and lower extremities." (R. 531). As both the ALJ and magistrate judge concluded, these records demonstrate absence of motor loss.
Plaintiff has the burden of demonstrating that her impairment meets or equals Listing 1.04A.
Upon de novo review of those portions of the magistrate judge's M&R to which specific objections have been filed, and upon considered reviewed of those portions of the M&R to which no such objection has been made, the court ADOPTS the findings and recommendations of the magistrate judge in full, GRANTS defendant's motion for judgment on the pleadings (DE # 48), DENIES plaintiff's motion for judgment on the pleadings (DE # 46), and upholds the final decision of the Commissioner. The clerk is directed to close this case.
SO ORDERED.