Mastin v. Commissioner of Social Security, No. 2:2020cv03337 - Document 30 (S.D. Ohio 2021)
Court Description: OPINION and ORDER adopting 27 the Report and Recommendation. Signed by Judge Michael H. Watson on 10/18/2021. (jk)
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Mastin v. Commissioner of Social Security Doc. 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Anita L. Mastin, Plaintiff, Case No. 2:20-cv-3337 V. Judge Michael H. Watson Commissioner of Social Security, Magistrate Judge Deavers Defendant. OPINION AND ORDER Magistrate Judge Deavers, to whom this case was referred, issued a Report and Recommendation ("R&R")recommending the Court overrule Anita L. Mastin's ("Piaintiff") Statement of Specific Errors and affirm the Commissioner of Social Security's("Commissioner") decision denying benefits in this social security case. R&R, ECF No. 27. Plaintiff objects. ObJ., EOF No. 28. For the following reasons, the Court OVERRULES Plaintiffs objections. I. STANDARD OF REVIEW Because the R&R was issued pursuant to Federal Rule of Civil Procedure 72(b), the Undersigned must determine de novo any part of the Magistrate Judge's disposition that has been properly objected to. Fed. R. Civ. P. 72(b)(3). The Undersigned may accept, reject, or modify the R&R, receive further evidence, or return the matter to the Magistrate Judge with instructions. Id. Dockets.Justia.com II. ANALYSIS Plaintiff raised two issues in her Statement of Specific Errors:(1)the administrative law judge ("ALJ")failed to offer good reasons for according less than controlling weight to Plaintiffs treating physician's opinion; and (2)the ALJ failed to appropriately account for Plaintiffs gastrointestinal issues in the Residuai Functional Capacity ("RFC")analysis. Stmt. Specific Errors 9-16, ECF No. 23. The Magistrate Judge recommends rejecting both of Piaintiffs contentions, R&R 17-23, ECF No. 27, and Plaintiff objects only as to her second contention. Obj. 2-3, ECF No. 28. Accordingly, the Court considers only whether the ALJ failed to appropriately account for Plaintiffs gastrointestinal issues in the RFC analysis. On objection. Plaintiff argues that the ALJ concluded that Plaintiffs irritable bowel syndrome ("IBS")^ amounted to a severe impairment but failed to adequately account in the RFC for the limitations caused by that impairment. Obj. 2-3, ECF No. 28. Specifically, Plaintiff says the ALJ found that Plaintiff must have two additional bathroom breaks, of no more than five minutes each, both before and after lunch or meal breaks, but failed to explain how he arrived at such a requirement or how such a requirement adequately accounts for the limitations caused by her IBS. Id. "I Although Plaintiff refers to IBS In her objection, she and the ALJ apparently often lumped together IBS and Crohn's Disease when discussing Plaintiffs gastrointestinal Issues. The Court also considers both conditions In the objection. Case No. 2:20-cv-3337 Page 2 of 5 First, Plaintiffs contention that the ALJ concluded Plaintiffs IBS itself amounted to a severe impairment is incorrect. The ALJ noted that the combination of IBS, cardiomyopathy, arrhythmia, rheumatoid arthritis, degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine, chronic obstructive pulmonary disease, obesity, anxiety, and depression amounted to a severe impairment and caused "more than minimal limitation in [her] ability to perform basic work activities." A.R. at PAGEID ## 56- 57. With respect to Plaintiffs gastrointestinal issues, however, the ALJ concluded that her Crohn's disease had significantly improved from 2003 to December 1, 2016, to the point that, as of March 2017, it was in "deep remission." A.R. at PAGEID # 53-54. He also noted that Plaintiff did not take biologic therapy to treat her Crohn's, did not require the use of adult undergarments, and did not seek any follow-up treatment, id. at PAGEID # 56. The ALJ therefore concluded that, as of December 1, 2016, her Crohn's disease no longer met or medically equaled listing 5.06, and the symptoms caused by her Crohn's disease were not as serious as alleged. Id. at 52-54, 56. Nonetheless, the ALJ accommodated Plaintiffs gastrointestinal issues by including extra bathroom breaks in the RFC. A.R. at PAGEID # 57. This accommodation comports with Plaintiffs self-reports that her Crohn's disease flares up in the morning, causing her to use the restroom up to four times before noon and up to ten times daily, A.R. at PAGEID # 310, 331-32, 340, but also Case No. 2:20-cv-3337 Page 3 of 5 accounts for the ALJ's conclusion that Plaintifrs self-reported symptoms were exaggerated. Id. at 56, 58, 60. Importantly, Plaintiff falls to argue—let alone support—that any additional or different accommodation was necessary. See generally, Obj., ECF No. 28. In her Statement of Specific Errors, Plaintiff states that her gastrointestinal issues caused a need for more than two additional bathroom breaks, and she cited a 2011 record and a 2017 record for support. Stmt. Specific Errors 15, ECF No. 23 (citing A.R. at PAGEID ## 592,1552). However, the AU correctly found that Plaintiffs gastrointestinal issues improved since the 2011 record, and the 2017 record contained no recommendations regarding limitations caused by Plaintiffs gastrointestinal issues. Rather, it was simply a record from Plaintiffs initial visit establishing care for her Crohn's disease with a new doctor because she had moved out-of-state. A.R. at PAGEID # 1552. In any event. Plaintiff did not maintain on objection that the RFC should have included more than two additional restroom breaks. Because the ALJ's decision adequately accounts for Plaintiffs self- reported symptoms while reflecting the ALJ's analysis that those reports were exaggerated, and because Plaintiff has failed to identify a single citation to record evidence suggesting her gastrointestinal issues resulted in a different or additional limitation that the ALJ excluded from the RFC,the Court OVERRULES her objection. Case No. 2:20-cv-3337 Page 4 of 5 III. CONCLUSION The Court OVERRULES Plaintiffs objection, ADOPTS the R&R, AFFIRMS the Commissioner's decision, and OVERRULES Plaintiffs Statement of Specific Errors. The Clerk shall enter judgment for the Commissioner and terminate this case. IT IS SO ORDERED. /s/ Michael H. Watson MICHAEL H. WATSON,JUDGE UNITED STATES DISTRICT COURT Case No. 2:20-cv-3337 Page 5 of 5
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