Opinions and documents
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CASSANDRA ALGER, ) CASE NO. 1:25-CV-1879
)
Plaintiff, ) MAGISTRATE JUDGE
) JENNIFER DOWDELL ARMSTRONG
v. )
)
COMMISSIONER OF SOCIAL ) MEMORANDUM OPINION
SECURITY, ) AND ORDER
)
Defendant. )
I. INTRODUCTION
The Commissioner of Social Security denied Plaintiff Cassandra Alger’s application for a
period of disability, Disability Insurance Benefits (DIB), and Supplemental Security Income (SSI).
Ms. Alger seeks judicial review of that decision pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).
(Compl., ECF No. 1.) The parties have consented to a magistrate judge exercising jurisdiction over
the case pursuant to 28 U.S.C. § 636(c), Rule 73 of the Federal Rules of Civil Procedure, and Local
Rule 73.1. (Consents and Order, ECF No. 5.)
For the reasons set forth below, the Court AFFIRMS the Commissioner’s decision denying
Ms. Alger’s application for benefits.
II. PROCEDURAL HISTORY
In April 2017, Ms. Alger applied to the Social Security Administration (SSA) seeking a
period of disability and DIB.1 (Tr. 1266.) She first claimed that she became disabled on September
18, 2014, but the date was later amended to June 1, 2017. (Id.; Tr. 2050.) She identified five
1 The administrative transcript appears at ECF No. 7. The Court will refer to pages within that transcript by
identifying the Bates number printed on the bottom right-hand corner of the page (e.g., “Tr. 2031”). It will
refer to other documents in the record by their CM/ECF document numbers (e.g., “ECF No. 9-1”) and page-
identification numbers (e.g., “PageID# 6031”).
allegedly disabling conditions: (1) osteoarthritis of the bilateral knees; (2) osteoarthritis of the
bilateral thumbs; (3) osteoarthritis of the right ankle; (4) herniated cervical discs at the C2–C3 and
C3–C4 levels; and (5) “shingles/neuralgia pain.” (Tr. 1303.)
The SSA denied Ms. Alger’s application at the administrative level, after which she filed
an administrative appeal in this court. (Initial Denial, Tr. 1140–42; Recon. Denial, Tr. 1148–50;
56; Hr’g Transcript, Tr. 1977–99; ALJ Decision, Tr. 1111–26.) Ms. Alger appealed to the SSA
Appeals Council, and it remanded the decision to the ALJ. (Tr. 1131–33.) The Council remanded
the matter for the ALJ to further evaluate Ms. Alger’s work history and explain conclusions
regarding her past relevant work. (See id.)
The ALJ held a second hearing and, ultimately, issued a second decision finding that Ms.
Alger is not disabled. (Hr’g Transcript, Tr. 1061–80; ALJ Decision, Tr. 1040–54.) The decision
was ultimately appealed to this court, which, by stipulation of the parties, reversed the decision
and remanded the case back to the agency for further proceedings. (Tr. 2825.)
In June 2022, Ms. Alger filed a claim for SSI; the claims were consolidated when the
Appeals Council remanded the matter back to the ALJ pursuant to this court’s order. (Tr. 2863.)
The Appeals Council directed the ALJ the further evaluate Ms. Alger’s mental impairments and
give further consideration to her maximum residual functional capacity in light of additional
evidence received at the appeals level. (Tr. 2862–63.)
A different ALJ held a hearing (the third hearing in this matter) on November 28, 2023.
(Tr. 2045–69.) The ALJ thereafter issued a decision on June 25, 2024, finding that Ms. Alger is not
disabled. (Tr. 2007–32.) On July 17, 2025, the ALJ issued a written declination of exceptions to
the final decision, rendering the ALJ’s decision final. (Tr. 2000–03.)
On September 9, 2025, Ms. Alger filed her Complaint, challenging the Commissioner’s
final decision that she is not disabled. (ECF No. 1.) Ms. Alger asserts the following assignments
of error for review:
First Assignment of Error: The RFC is not supported by substantial
evidence because it is inconsistent with the objective medical record.
Second Assignment of Error: The ALJ’s evaluation of Plaintiff’s sleep
disorders does not properly evaluate the entire body of evidence and fails to
draw a logical bridge between the evidence and his conclusions.
Third Assignment of Error: The ALJ failed to evaluate whether Ms. Alger
could sustain competitive employment on a regular and continuing basis as
required by SSR 96-8p.
(Pl.’s Merit Br. at 21, 24, 27, ECF No. 9-1, PageID# 6031, 6034, 6037.)
Ms. Alger asserts, in her merits brief, that at some point a subsequent application for
disability benefits was approved, holding that she has been disabled since June 25, 2024. (See id.
at 24 n.2, PageID# 6034.)2 The Agency does not dispute this. (See Def’s Br. at 2 n.2, ECF No. 11,
PageID# 6044.)
III. BACKGROUND
A. Personal, Educational, and Vocational Experience
Ms. Alger was born in November 1969 and was 47 years old on the date of her application.
(E.g., Tr. 1266.) She graduated from high school and took some college courses. (Tr. 2051.) She
lives alone in a one-story house. (Tr. 1980.) Her adult son comes over occasionally to help care for
2 Ms. Alger argues, in a footnote, that this fact conflicts with the ALJ’s decision here, presumably because
for one day (June 25, 2024) the Agency has found her to be both disabled and not disabled. (Pl’s Br. at 24
n.2, ECF No. 9-1, PageID# 6034.) She contends that the conflict “raises issues regarding Ms. Alger’s
disabled status earlier.” (Id.) The Court notes the inconsistency, but Ms. Alger fails to identify what other
“issues” it raises or substantively argue that the inconsistency has any legal effect. In the absence of
meaningful argument on the issue, the Court need not dwell on this matter, which was raised in a perfunctory
manner in a footnote. E.g., McPherson v. Kelsey, 125 F.3d 989, 995–96 (“It is not sufficient for a party to
mention a possible argument in the most skeletal way, leaving the court to put flesh on its bones.”)
(quotation marks omitted) (internal alteration omitted).
her, and her mother also helps care for her. (Tr. 2051.) She testified that she is physically unable
to drive. (Tr. 2053.) She has previous work as a lifeguard, cashier, grocery clerk, and in customer
service. (Tr. 1066, 1981–82.) She last worked in March 2020. (Tr. 2052.)
B. Function Report
Ms. Alger completed a function report on July 29, 2020. (Tr. 1393–98.) She wrote that she
was unable to carry any amount of weight and could lift up to 10 pounds occasionally, due to the
abdominal drains installed to treat complications from her perforated bowel. (Tr. 1393.) She
identified that she could sit, stand, and walk for zero minutes in an eight-hour workday due to
continuous pain and narcotic use. (Tr. 1394.) She wrote that she uses a cane to ambulate and,
without it, can only ambulate around her house or in a “small store.” (Id.) She identified that she
can frequently reach, handle, finger, feel, and push or pull with her left hand. (Tr. 1395.) She can
frequently push or pull with the right hand, but only occasionally reach or feel and never handle
or finger. (Id.) She can occasionally operate foot controls with her feet. (Id.)
Ms. Alger identified that she can occasionally climb ramps and stairs, balance, and stoop.
(Tr. 1396.) She can never kneel, crouch, or crawl. (Id.)
C. Relevant Hearing Testimony
1. Ms. Alger’s Testimony
Ms. Alger testified at the first hearing that she was working part time as a lifeguard, but
that she was physically unable to do some of her tasks in that role. (Tr. 1981.) She does not guard
children and there is always another lifeguard on duty in the building when she is working, because
she would not be able to pull someone out of the pool. (Tr. 1983.) She has never had attendance
issues at work. (Tr. 1986–87.)
Ms. Alger described that she has “very limited” use of her right hand, has severe arthritis
in her knees, has herniated discs in her cervical spine, has had surgery on her right ankle, has
restless leg syndrome, and has sleep disorders. (Tr. 1985.) She managed these conditions for 14
years with the help of a service animal, but the dog passed away and she is waiting for her next
dog to complete training. (Tr. 1986.)
Ms. Alger described that she has walked in her sleep since she was a child; she uses special
door locks at night. (Tr. 1985–86.) Three or four mornings a week, she will wake up and not be
sure if she is awake or dreaming. (Tr. 1986.) She has frequently gone to the emergency room after
sleepwalking, as she falls often, including falling down the stairs. (Tr. 1989–90.)
Ms. Alger’s ankle still bothers her after her 2009 surgery. (Tr. 1987.) She feels a “dull, achy
pain” and her ankle will swell when she is standing. (Id.) She can stand for no more than 10 or 15
minutes at a time, after which time she needs to sit or lay down for about 15 minutes. (Tr. 1987–
88.) If she stands for too long, she will also get sciatica pains in her back down her right leg.
(Tr. 1988.) She can walk for about 15 minutes before needing to sit down. (Tr. 1989.) She estimated
that she would need three to four extra 15-minute breaks in a full workday in order to sit or lay
down to alleviate pain. (Id.) Ms. Alger has been recommended to undergo bilateral knee
replacements, as injections have been ineffective at managing her pain. (Tr. 1990.)
Ms. Alger has broken her thumb, her wrist, and her radial bone from falling. (Id.) She is
not able to grab things, write, or unscrew a bottle of water. (Tr. 1991.) She is able to do some
limited typing and handle her phone with her left hand. (Id.) She has adaptive tools in the home,
including adaptive door handles and cooking utensils. (Id.) She is able to wash dishes if she holds
the dish in her left hand. (Id.) She does not believe she could fold clothes all day, due to pain from
moving her hand. (Id.) She has numbness and a tingling nerve pain in three of her fingers, from
shingles. (Tr. 1994.)
Ms. Alger has sleep apnea, but the condition has improved with use of a CPAP machine.
(Tr. 1995.) Though when she sleepwalks, she will not put the mask back on and will wake feeling
exhausted. (Id.)
Ms. Alger testified at the second hearing that she transitioned from a lifeguard to a part-
time water fitness instructor, working four days a week for usually under 20 hours a week, until
March 2020. (Tr. 1065.) She has not worked since March 2020. (Id.) Her health has deteriorated
since the first hearing. (Tr. 1068.)
In May 2019, Ms. Alger underwent a total knee replacement of her left knee. (Id.) She
found that the surgery helped with her instability. (Tr. 1072.) But in June 2019, during a routine
colonoscopy, the doctor perforated her bowel. (Id.) She has been hospitalized six times and
undergone four surgeries as a result of the mistake. (Id.) She is feeling better in some ways after
these procedures, although she is unable to eat very much or do very much. (Tr. 1070.) She has
lost 30 pounds since the colonoscopy. (Id.) She is on a limited diet and finds herself having to go
“back and forth” to the restroom for a couple hours after she eats. (Tr. 1070–71.) She has not been
able to exercise or walk very much. (Tr. 1072.) She has had to stop using her CPAP machine until
her bowel heals. (Tr. 1073.) Her restless legs have gotten worse due to lack of exercise. (Id.) She
has been receiving psychiatric and mental health treatment for severe depression. (Tr. 1074–75.)
At the third hearing, Ms. Alger testified that she is now unable to drive, cannot stand or sit
in one position for long, has constant pain in her back and her knee, and has vertigo, which causes
her some days to vomit continuously throughout the day. (Tr. 2053.) She receives back injections
and is currently discussing getting another knee replacement. (Id.) She uses ice throughout the day
and takes pregabalin and acetaminophen with codeine. (Id.) The medications help somewhat, but
not completely, and they make her very drowsy. (Id.)
Ms. Alger has experienced vertigo almost daily since her colonoscopy. (Id.) She has
undergone vestibular therapy and takes nausea medicines. (Tr. 2054.) Her doctor told her not to
drive because she is on narcotic medication and grows very dizzy when she turns her head. (Id.)
Ms. Alger estimated that she can stand for between five and ten minutes before feeling
pain. (Id.) She is able to sit for between two and five minutes before needing to change positions.
(Id.) She can walk for between 10 and 15 minutes at a time. (Tr. 2055.) She has used a cane and a
walker since her 2019 knee replacement. (Id.) Her right knee is unstable, and she estimated that
she has fallen close to 100 times in three years. (Id.)
Ms. Alger has depression and anxiety, for which she takes medication. (Id.) She had
seizures after her colon perforation, after which she has trouble with words and reading. (Tr. 2056.)
Ms. Alger’s son mows the lawn and does all the outside work for her. (Tr. 2058.) He will
make food and put it in the refrigerator, so that Ms. Alger just has to warm it up. (Id.) He and Ms.
Alger’s mother do all the grocery shopping, although Ms. Alger will accompany them once a
month. (Id.) Her mother does the cleaning and laundry. (Id.)
Ms. Alger’s cervical disc compression causes her arms and fingers to go numb daily.
(Tr. 2060.) She finds herself dropping things. (Id.)
Ms. Alger still sleepwalks, around twice a week. (Id.)
Ms. Alger underwent ankle ligament reconstruction. (Id.) The procedure helped, but Ms.
Alger still experiences arthritis pains. (Tr. 2061.)
2. Vocational Expert’s Testimony
Laura Pizzurro testified as a vocational expert (“VE”) at the third hearing. (Tr. 2061.)
The ALJ asked the VE to assume that a hypothetical individual with Ms. Alger’s age,
education, and work experience is capable of work at the light exertional level, with additional
limitations. (Tr. 2062.) Specifically, the person can occasionally push or pull with the bilateral
upper extremities. (Id.) They can occasionally climb ramps and stairs but cannot climb ladders,
ropes, or scaffolds. (Id.) They can frequently stoop and occasionally kneel, crouch, and crawl. (Id.)
They can frequently handle, finger, and feel bilaterally. (Id.) They must avoid concentrated
exposure to humidity and fumes, odors, dust, gases, and poor ventilation. (Id.) They must avoid
all exposure to hazards like unprotected heights, moving machinery, and commercial driving. (Id.)
They can tolerate a routine work setting and can respond appropriately to supervisors and co-
workers in work situations if the tasks performed are goal oriented and performed without a
production rate pace. (Id.) The work must not require more than superficial interaction, meaning
that it does not require negotiating with, instructing, persuading, or directing the work of others,
and the work cannot require tandem work. (Tr. 2062–63.) The work cannot involve interaction
with the public. (Tr. 2063.)
The VE testified that such a person could not perform Ms. Alger’s past relevant work as a
cashier checker (DOT 211.462-014) but could perform the work of a marker (DOT 209.587-034),
order caller (DOT 209.667-014), or mail clerk (DOT 209.687-026). (Id.)
The ALJ next asked the VE to limit the individual to only occasionally bilateral handling,
fingering, and feeling. (Tr. 2064.) The VE testified that no work would be available to someone so
limited. (Id.)
The ALJ next asked the VE to return to the first hypothetical question, but limit the person
to work at the sedentary level. (Id.) The VE testified that the only work available to such a person
would be a document preparer (DOT 249.5887-018), with 6,000 positions available in the national
economy. (Id.)
The VE confirmed that no work would be available to an employee who is off task more
20 percent of time, or who is absent two times per month on an ongoing basis. (Tr. 2065.)
Ms. Alger’s counsel asked the VE to assume that the individual from the first hypothetical
would require a sit/stand option every 20 to 30 minutes lasting five to ten minutes before they
could return to the prior position. (Tr. 2065–66.) The VE testified that no work would be available
for such a person at either the light or the sedentary exertion levels. (Tr. 2066.)
D. State Agency Consultants
A disability examiner (Jacqueline Ward), a physician (Maria Congbalay, M.D.), and a
psychologist (Bruce Goldsmith, Ph.D.) reviewed Ms. Alger’s claim at the initial review level.
(Tr. 1081–92.)
Dr. Congbalay opined that Ms. Alger’s statements about her pain were fully consistent with
the record. (Tr. 1087.) Dr. Congbalay limited Ms. Alger to occasionally lifting up to 20 pounds and
frequently up to 10 pounds. (Id.) Ms. Alger can occasionally push or pull with the bilateral lower
extremities. (Tr. 1088.) She can occasionally climb ramps and stairs, kneel, crouch, and crawl. (Id.)
She can frequently stoop and has no balance limitations. (Id.) She is not limited in her ability to
reach, but she is limited to frequent handling and fingering bilaterally. (Id.) Dr. Congbalay noted
that the record showed that injections were helpful in the left hand, and that Ms. Alger had
successfully undergone arthroplasty in the right and was “doing well post op.” (Id.)
Dr. Goldsmith found only mild mental health limitations and opined on no functional
limitations stemming from them. (Tr. 1086.)
Based on this opinion, the consultants determined that Ms. Alger could perform the work
of an information clerk (DOT 237.367-018), office helper (DOT 239.567-010), or sales attendant
(DOT 299.677-010). (Tr. 1090.) The consultants therefore found that Ms. Alger was not disabled.
(Id.)
In a letter explaining the decision to Ms. Alger, the agency wrote that it found that she had
a limited ability to lift and carry objects due to pain, discomfort, and a loss of mobility, but she had
good enough strength and movement to sit, walk, and do some lifting to complete some types of
light work. (Tr. 1140.)
A disability examiner (Zachary Smith), a physician (Obiaghanwa Ugbana, M.D.), and a
psychologist (Melanie Bergsten, Ph.D.) reviewed Ms. Alger’s claim at the reconsideration level.
(Tr. 1093–1107.)
Dr. Bergsten agreed that Ms. Alger’s mental health impairments were not severe.
(Tr. 1100.)
Dr. Ugbana added certain environmental limitations but otherwise found that the evidence
did not suggest a significant change in Ms. Alger’s functional capacity since the initial level
decision. (Tr. 1103.)
Based on this opinion, the consultants affirmed the initial findings and opined that Ms.
Alger could perform the work of a surveillance-system monitor (DOT 379.367-010), laminating-
machine offbearer, or cotton classer aide (DOT 429-587-010). (Tr. 1105.) The consultants affirmed
that Ms. Alger was not disabled. (Id.)
In a letter to Ms. Alger, the agency wrote that while her impairments may interfere with
her daily activities occasionally, “more often [she] remain[s] able to tend to [her] own personal
needs” and make decisions on her own behalf, and she remains capable of light and sedentary
work. (Tr. 1148.)
E. Relevant Medical Evidence
1. Musculoskeletal Impairments
Ms. Alger underwent a right carpal tunnel release procedure in 2005. (Tr. 1513.) She
reported that she no longer experienced numbness or paresthesia in her right hand after the
procedure, and she had full range of motion on examination. (Id.)
She returned three years later, complaining of paresthesia in the left hand. (Id.)
Electromyography confirmed moderate left median neuropathy. (Id.) On examination, she had
good range of motion in both wrists but showed significantly positive signs of carpal tunnel
compression on the left side. (Id.) She thereafter underwent a left carpal tunnel release procedure,
after which she said she was doing “great.” (Tr. 1512.)
Ms. Alger consulted with James Walker, M.D., in June 2011 after feeling her knee “pop.”
(Tr. 3051.) On examination, she retained “reasonable motion” but was hesitant to flex the knee.
(Id.) Dr. Walker assessed that she may have “shifted her kneecap” and placed her in a joint
immobilizer. (Id.) A week later, she was doing better and was “good and stable.” (Id.) Dr. Walker
recommended physical therapy, but Ms. Alger declined in favor of home exercises. (Id.)
On August 30, 2011, Ms. Alger felt her knee catch and pop again. (Id.) On examination,
there was significant medial joint line tenderness and anterior pain, but the kneecap seemed stable.
(Id.) Dr. Walker ordered magnetic resonance imaging. (Id.) The imaging revealed no tear, effusion,
or intra-articular bodies, but there was “severe thinning” of the articular cartilage within the mid
aspect of the apex patella, with a focal area of fissuring within the lateral facet of the patella near
the apex. (Tr. 3065.) There was also a three-millimeter nondisplaced chondral flap noted. (Id.)
Ms. Alger was diagnosed with patellofemoral arthritis, but she was noted to be doing well
and the plan was for her to continue home exercises. (Tr. 3052.)
Ms. Alger saw Dr. Walker again on October 5, 2011, complaining of left elbow pain for
two weeks. (Id.) Her symptoms were consistent with tennis elbow and were treated with an
injection, a tennis elbow strap, and stretching exercises. (Id.)
She returned in December 2011, requesting injections in the elbow and knee. (Id.) She was
given the injections and recommended to physical therapy to treat anterior knee pain and the tennis
elbow; she was also referred for replacement orthotics to treat high arches and ankle pain. (Id.)
She returned in January 2012, reporting that the injection had not helped her knee pain.
(Tr. 3053.) Dr. Walker then planned for vicosupplementation, and Ms. Alger received three
hyaluronate injections in January. (Id.)
She received another elbow cortisone injection in February 2012. (Tr. 3053.)
She reported improvement in the elbow for a month and a half, but the pain returned in
April 2012. (Tr. 3054.) As of that time, she was no longer complaining of left knee pain. (See id.)
But she asked for vicosupplementation of her right knee, as the treatment had “worked well on the
left.” (Id.) She received three hyaluronate injections in the right knee through April and May 2012.
(Tr. 3054–55.)
She underwent a Topaz debridement procedure for the elbow in May 2012. (Tr. 3060.) She
tolerated the procedure well, and it was noted in follow-up appointments that her ability to flex
had gotten “a lot better”; she was continued on stretching exercises. (Tr. 3055.)
As of June 2012, the right knee was “doing fine.” (Id.) There was good motion in the elbow,
although there was still some pain over the procedure scar. (Id.)
In August 2012, Ms. Alger reported that her knees were “acting up.” (Id.) Dr. Walker
planned another round of hyaluronate injections, as the treatment had worked “really well”
previously. (Id.) She received another round of injections, but she returned in November 2012
complaining that the injections had not helped, especially in the left knee. (Tr. 3055–56.) She was
referred to physical therapy, but as of early January 2013 she continued to report knee pain. (Tr.
3056–57.)
In February 2013, Ms. Alger underwent a left knee arthroscopy procedure, including
chondroplasty and minimal debridement. (Tr. 3056–57, 3061.) During the procedure, “some . . .
chondrosis” was noted on the patella and “some fraying” was noted in the medial meniscus. (Tr.
3061.) Ms. Alger reported doing better after the procedure, and she was started on physical therapy.
(Tr. 3057.) In April 2013, Dr. Walker noted that Ms. Alger was continuing to “do her hiking and
such.” (Tr. 3058.)
In July 2013, Ms. Alger reported that her knees were “both acting up” again. (Tr. 3059.)
She was approved for additional vicosupplementation in August 2013, but it is not clear if she
ultimately received those injections. (See Tr. 3059.)3
In September 2013, Ms. Alger reported a fall on the stairs leading to a twisted knee and a
bruised hip. (Id.; see also 1736–44.) Dr. Walker noted that the knee “looks good” and was “getting
better,” such that no treatment was needed at that time unless the knee would not “settl[e] down.”
(Tr. 3059.)
Nearly a year later, Ms. Alger presented to the emergency department after a fall when
stepping down from a single stair. (Tr. 1724.) She reported that her left knee “gave out,” causing
her to twist her left knee and ankle and fall to her leg. (Id.) X-ray imaging revealed no fractures,
but osteoarthritis was noted in the left knee. (Tr. 1725; see also 1722.) She was diagnosed with a
sprain of the left knee and ankle and discharged in a knee immobilizer brace. (Tr. 1725.)
MRI imaging on September 1, 2014 confirmed tricompartmental osteoarthritis in the left
knee, most severe within the patellofemoral compartment. (Tr. 1564.)
3 Ms. Alger cited a July 31, 2013 MRI report from a hip scan, but the MRI report is for a different of Mr.
Walker’s patients—J.S., with a date of birth in 1939. (See Tr. 3067.)
Based on these results, Ms. Alger underwent another arthroscopic procedure on the left
knee on September 18, 2014, which involved a lateral release and chondroplasty. (Tr. 1559.) She
had postoperative pain and swelling two days after the procedure, after beginning her postoperative
home exercises, but a physician suspected this may be an inflammatory response to residual iodine
on the skin after the surgery. (Tr. 1715–16.)
Ms. Alger presented to the emergency department over a year and a half later, on April 3,
2016, complaining of right wrist and right thumb pain after a fall four days ago. (Tr. 1454.) On
examination, she was tender to palpation on the distal radius and thumb, and there was pain when
assessing passive range of motion. (Tr. 1456.) X-ray imaging was negative for bone injuries, and
Ms. Alger was given a wrist splint for a sprained wrist and discharged. (Tr. 1457.)
When Ms. Alger followed up with Dr. Walker on April 8, 2016, she reported moderate pain
and some stiffness and swelling, primarily over the base of the thumb. (Tr. 1582.) Dr. Walker
diagnosed a thumb sprain which would “heal on its own in time.” (Id.) Dr. Walker noted that x-ray
imaging of the right hand revealed moderate thumb arthritis. (Id.)
In June 2016, magnetic resonance imaging of the cervical spine showed probable
impingement at the C7 nerve root, moderate left neural foraminal stenosis, and mild left ventral
thecal impingement. (Tr. 1546.)
When Ms. Alger followed up with Dr. Walker regarding her knee osteoarthritis on June 20,
2016, Dr. Walker noted that she was doing “fairly well” and that “cortisone injections [had]
provided long lasting relief.” (Tr. 1580.) There was no swelling or effusion or changes in her range
of motion. (Id.) She was fully weight bearing without the use of aids, although she described her
pain as moderate. (Id.) She was given cortisone injections and told to keep her knees moving and
follow up for additional injections every three months as needed. (Id.)
At an appointment with Dr. Walker on September 26, 2026, Ms. Alger reported falling a
couple weeks before the appointment when her “right knee gave out.” (Tr. 1578.) She described
her pain as moderate, but on examination there was no swelling and her range of motion was
unchanged. (Id.) She was trialed on a steroid dose pack to see if that improved the pain. (Id.)
In December 2016, Ms. Alger sought treatment with Dr. Nahra for injuries sustained in
October 2016 when she slipped and fell on a wet floor at work. (Tr. 1510.) On examination, she
had good range of motion of the left hand, wrist, and elbow, except she had moderate stiffness and
reduced range of motion of the left thumb. (Id.) There was palpable crepitation in the left thumb,
and there was a positive grind test. (Tr. 1509.) She had full muscle strength in the hand and wrist.
(Id.) Dr. Nahra believed that she suffered a left wrist sprain that aggravated her underlying basal
thumb joint arthritis. (Id.) She was advised to use an over-the-counter arthritis cream and wear a
supportive splint at night, and she was cleared to return to regular work activity. (Id.)
Ms. Alger reported continued pain and swelling in her wrist at an appointment with Dr.
Walker on January 23, 2017. (Tr. 4018.) She was assessed to have De Quervain’s tenosynovitis.
(Id.) With respect to her knees, Ms. Alger reported that the steroid medication had relieved her
pain for two weeks. (Id.) Dr. Walker recommended formal physical therapy for the knees and for
the elbow. (Id.)
When Ms. Alger returned on June 5, 2017, she reported that she completed three to four
weeks of physical therapy before she needed to stop due to shingles. (Tr. 1584.) She said that she
had fallen onto her knees a few weeks before the appointment, which had increased her pain. (Id.)
She complained of sharp pain across the knees when she sits and described that her activities of
daily living were limited. (Id.) On examination, there was no swelling or crepitus in the knees and
unchanged range of motion. (Id.) There was medial joint line tenderness in the right knee with a
positive McMurray test. (Id.) MRI imaging of the right knee revealed mild edema, mild
patellofemoral osteoarthritis, and residual signs of a chronic low-grade sprain of the proximal PCL
ligament. (Tr. 1542, 1572.) She was told that she would “always have aches and pains,” and she
was encouraged to continue persistently doing her exercises and stretches. (Tr. 1572.)
On October 30, 2017, Ms. Alger complained of significant pain and said her left knee
“locks up.” (Tr. 1587.) A physical examination revealed no swelling or effusion or decreased range
of motion, but there was crepitus noted. (Id.) Dr. Walker advised that there was “significant wear
behind the kneecap which causes pseudo locking.” (Id.) He ordered a custom brace and
recommended physical therapy; Ms. Alger said that she will exercise on her own at home. (Id.) Dr.
Walker noted assessments of patellofemoral chondrosis and primary osteoarthritis of the left knee.
(Id.)
Ms. Alger responded favorably to a cortisone injection in the wrist in November 2017, but
she returned to Dr. Nahra in January 2018 when the pain returned. (Tr. 1802.) On examination, she
had localized tenderness in the right wrist, with swelling noted. (Id.) She decided to proceed with
surgery, and she underwent a right wrist tendon release and repair procedure in February 2018.
(Id.) After the procedure, she reported that she was comfortable. (Id.)
Ms. Alger returned to Dr. Walker in June 2018, requesting cortisone injections for the
knees. (Tr. 1794.) On examination, there was decreased range of motion and crepitus in the
bilateral knees. (Id.) She received the injections and was encouraged to continue exercising in the
pool. (Id.)
MRI imaging of the left knee in February 2019 revealed tricompartmental osteoarthritis
with moderate medial femorotibial osteoarthritis with grade III chondromalacia in the
weightbearing portion of the compartment, moderate patellofemoral osteoarthritis, a small knee
joint effusion, and degenerative meniscal changes. (Tr. 1934–35.)
At an appointment in March 2019, Ms. Alger said she had “occasional” pain in her right
wrist and hand. (Tr. 3741.) On examination in May 2019, Ms. Alger had “slight grip weakness” in
the right hand; the doctor noted that orthopedics wanted to “go back in and repair the
tendon/plate/screw.” (Tr. 3738.)
Ms. Alger underwent a total left knee arthroplasty in June 2019 and a manipulation under
anesthesia of the same joint in July and August 2019. (Tr. 1940, 4097.)4 By December 2019, her
pain was improved (“None”) and she was fully weight bearing without aids. (Id.) She reported
some stiffness and was continued on a regimen of physical therapy and stretching exercises. (Id.)
She was released to work full-duty as a lifeguard. (Tr. 4098.)
Ms. Alger consulted with Dr. Walker on January 6, 2020, complaining of pain in the left
hip. (Tr. 1966.) She was diagnosed with trochanteric bursitis and treated with a cortisone injection.
(Id.)
At a follow up appointment in May 2020, Ms. Alger reported that the hip injection provided
good relief until a month ago and her right knee had felt good until February 2020. (Tr. 1970.) On
examination, there was no hip swelling or crepitus, and there was good range of motion in the right
knee. (Id.) She received cortisone injections in the left hip and right knee. (Tr. 1970–71.)
In July 2021, Ms. Alger treated with Emad Mikhail, M.D., for back and neck pain. (Tr.
346.) On examination, there was tenderness over the bilateral cervical paraspinal muscles,
4 The Court acknowledges that Ms. Alger’s early recovery was complicated by an infection or inflammatory
reaction (see Tr. 1943), a reported fall (Tr. 1948), and a stitch abscess (Tr. 1951) prior to the August 2019
manipulation procedure. In September 2019, she reported healing fairly well and was ambulating with a
cane, although she had reduced range of motion. (Tr. 1956.) By October 2019, with continued therapy
exercises, her pain was “minimal” and her range of motion was improving slowly. (Tr. 1962.)
restricted range of motion, and moderate muscle stiffness. (Tr. 351.) Ms. Alger was ambulating
with a cane and had an antalgic gait. (Tr. 352.) There was a flat lumbar curvature with tenderness
and facet loading. (Id.) Ms. Alger was assessed with cervicalgia and chronic low back pain with
sciatica. (Id.) She was counseled to increase her activity level, and imaging was ordered. (Tr. 352–
53.)
Imaging of the lumbar spine revealed facet arthropathy bilaterally at the L4–L5 and L5–S1
levels and mild stenosis of the left L5–S1 neural foramen. (Tr. 222.) Imaging of the cervical spine
revealed mild disc space narrowing at the C5 – 6 and C6 – 7 levels, consistent with cervical
spondylosis. (Tr. 224.)
When Ms. Alger met with Dr. Mikhail on August 2, 2021, she was continued on her current
treatment plan and scheduled for branch block procedures. (Tr. 360.) She underwent the procedures
on August 18 and August 25, 2021. (Tr. 363, 369.)
Ms. Alger reported that the procedure provided 80 percent improvement, but she said the
improvement did not last. (Tr. 375.) She was therefore recommended for radiofrequency ablation
in September 2021. (Tr. 381.)
When Ms. Alger met with Dr. Walker in December 2021, she reported that she had fallen
three weeks ago but was “doing well.” (Tr. 5486.) She complained of trochanteric bursitis pain and
received an injection, as “these have worked previously for her.” (Tr. 5486–88.)
Ms. Alger consulted with Dr. Mikhail on January 21, 2022. (Tr. 4530.) She described her
back and neck pain as a five out of ten, and her left knee pain as a seven out of ten. (Tr. 4530–31.)
There was mild or moderate tenderness, stiffness, and muscle spasm noted around the spine. (Tr.
4535–36.) There was mild or moderate tenderness, stiffness, swelling, and effusion noted in the
knees. (Id.) She was scheduled for a left genicular nerve block. (Tr. 4537.) Two such procedures
occurred in February and March 2022. (Tr. 4515, 4527.)
Ms. Alger complained of continued left knee pain on April 22, 2022, but she reported that
the left genicular nerve block had provided 50 percent relief for four weeks. (Tr. 4507.) She was
recommended for radiofrequency ablation of the left genicular nerve. (Tr. 4512.) That procedure
occurred on April 25, 2022. (Tr. 4500.)
Ms. Alger consulted with Dr. Mikhail on May 27, 2022. (Tr. 4491.) Her left knee pain was
a two out of ten. (Id.) She endorsed improvement in the level and frequency of her pain. (Id.) She
reported that her spinal procedures had been and remained 80 percent effective at providing relief.
(Id.) On examination, she had a mildly antalgic gait and there was mild or moderate tenderness
and muscle spasm noted around the spine. (Tr. 4496.) She was continued on her treatment plan.
(Tr. 4497.)
In June 2022, Dr. Walker noted that Ms. Alger’s hip injections were working for about six
months at a time. (Tr. 5482.) She received another injection in each hip. (Id.)
In July 2022, Ms. Alger followed up with Dr. Nahra complaining of significant pain over
the base of the left thumb. (Tr. 5216.) On examination, she had bone and soft tissue swelling at the
basal thumb joint with crepitation upon circumduction. (Id.) X-ray imaging revealed diffuse
osteoarthritic changes and moderately severe degenerative arthritis at the basal thumb joint. (Id.)
She was given a corticosteroid injection at the CMC joint. (Id.)
Ms. Alger received her bilateral hip injections on December 1, 2022, with Dr. Walker
noting that they were still helping for six months at a time. (Tr. 5829.)
At an appointment with Dr. Mikhail on December 16, 2022, Ms. Alger reported that her
left knee felt stable but caused her worsening pain at a level of six out of ten. (Tr. 5502.) She was
again recommended for radiofrequency ablation of the left genicular nerve. (Tr. 5507.) The
procedure occurred on December 19, 2022. (Tr. 5513.)
In December 2022, Ms. Alger presented to the emergency department complaining of pain
from her left hip radiating down behind her right knee. (Tr. 5750.) She was concerned that she had
a blood clot. (Id.) On examination, there was normal spine range of motion and there was no
muscle or joint tenderness except in the distal knee flexors, consistent with distal hamstring pain.
(Tr. 5748.) She was cleared of concerns regarding a blood clot and discharged. (Tr. 5750.)
At an appointment with Dr. Mikhail on January 16, 2023, Ms. Alger reported that her left
knee pain was improving, and that the ablation had provided 50 percent relief. (Tr. 5523.) She
underwent physical therapy in January, February, March, and April 2023. (Tr. 5584, 5582, 5580.)
While she struggled with pain and strength, by April she was showing moderate improvement in
walking in the community, recreational activities, heavy exertion, lifting, pain, range of motion,
and physical activities (Tr. 5562; see also 5565, 5576), although the progress was up and down.
(Tr. 5568, 5560, 5558.)
In April 2023, Ms. Alger saw Julia A. Heng, M.D., for pain management. (Tr. 5676.) She
reported two or more falls with injury in the past year but reported no difficulties walking, with
balance, or with performing activities of daily living. (Id.) She rated her pain at a severity of three
out of ten. (Tr. 1677.) On examination, she was slightly tender behind the right knee and her
neurological functioning was normal. (Tr. 5677–78.) She was prescribed a TENS unit for use on
the left knee, which had been requested by Ms. Alger’s physical therapist to improve range of
motion. (Tr. 5678.)
In May 2023, Ms. Alger followed up after her right ankle surgery. (Tr. 5554.) She reported
that she has “no significant pain” and was “doing great.” (Id.) She is sometimes achy, but she is
“fully functional with minimal to no pain and able to complete all activities of daily living without
any issues.” (Id.) Her physical examination was materially normal, and x-ray imaging revealed a
well-healed fracture. (Tr. 5556.)
Ms. Alger consulted with Emad Mikhail, M.D., on May 26, 2023, complaining of mild left
knee pain. (Tr. 5549.) On examination, she had mild to moderate tenderness and swelling of the
left knee with mildly limited range of motion. (Tr. 5552.) She was recommended to physical
therapy and to continue with a home exercise program and her current medications, and she was
counseled to increase her activity. (Id.)
Ms. Alger reported pain at a three out of ten at an appointment in June 2023, and she was
continued on her medication. (Tr. 5669–74.) She reported that her restless legs were “doing well”
at an appointment with her neurologist the same month. (Tr. 5645.)
Ms. Alger underwent another left knee ablation procedure on June 28, 2023. (Tr. 5723.)
Ms. Alger received her bilateral hip injections on July 13, 2023, with Dr. Walker again
noting that they were still helping for six months at a time. (Tr. 5837.)
Ms. Alger complained of vertigo and migraine headaches at an appointment on July 20,
2023. (Tr. 5911.) A neurological examination was normal, and she had normal strength in all
extremities. (Id.) Medication changes were made, and she was started on vestibular rehabilitation
to treat benign paroxysmal positional vertigo. (Tr. 5912.)
X-ray imaging of the hips and pelvis from July 2013 revealed mild bilateral hip
osteoarthritis and lower lumbar facet arthropathy. (Tr. 5847.)
Ms. Alger consulted with Matthew Deren, M.D., on October 18, 2023, complaining of pain
in the left knee at a severity of three out of ten. (Tr. 5925.) She described that she had undergone a
number of procedures since her 2018 knee replacement and said that her pain and swelling was
worsening. (Id.) After examination and imaging, Dr. Deren ordered tests to rule out infection and
was suspicious of hardware loosening. (Tr. 5928–29.)
2. Sleep Disorders
Ms. Alger consulted with Mitchell E. Nahra, M.D., in February 2017, reporting that she
sleepwalks in the middle of the night and moves furniture around. (Tr. 1509.) She complained of
pain over the base of the right thumb, which had been present for a year after what Ms. Alger
believed may have been a fall while sleepwalking. (Id.) She noticed some bruising in her knee two
weeks prior to the appointment, which she also believed may have been due to a fall while
sleepwalking. (Id.)
In October 2017, Ms. Alger presented to the emergency department complaining of right
arm and wrist pain subsequent to what she presumed was a fall while sleepwalking. (Tr. 1604.)
She said she had awoken in the basement with a dull headache, some posterior neck soreness, and
some pain in her right arm. (Id.) On examination, there was some diffuse soreness noted in the
neck, lower back, and right arm, but there was normal range of motion. (Tr. 1606.) Diagnostic
imaging was negative for acute traumatic findings. (Tr. 1610.) Ms. Alger asked for a wrist splint,
and one was provided to her. (Id.) She was diagnosed with a right wrist sprain, contusion to the
arm, cervical strain, and a headache and was discharged. (Id.)
On November 15, 2017, Ms. Alger saw Dr. Nahra, complaining of continued discomfort in
her right thumb and wrist. (Tr. 1757.) She also reported that she had fallen while sleepwalking,
most recently in October. (Id.) On examination, Ms. Alger’s muscle strength was noted to be full,
but she was significantly tender to palpation over the radial aspect of the right wrist. (Id.) She was
given a corticosteroid injection. (Id.)
In August 2018, Ms. Alger followed up with John Baron, M.D., for a history of severe
obstructive sleep apnea, restless leg syndrome, and sleepwalking. (Tr. 1768.) She reported
sleepwalking or sleep talks at least twice a week, and she often awakens with her CPAP off. (Id.)
While she felt rested after using the CPAP all night, she continued to complain of excessive
daytime sleepiness. (Id.) Her restless legs were “fairly controlled.” (Id.) Dr. Baron noted that Ms.
Alger’s sleepwalking may be partly due to obstructive sleep apnea. (Tr. 1771.) He increased the
CPAP pressure and instructed Ms. Alger to use the CPAP machine every night. (Id.) He encouraged
weight loss and exercise. (Id.) He noted that Ms. Alger was training a dog to detect when she is
sleepwalking and lead her back to bed. (Id.)
In October and November of 2018, Ms. Alger sought treatment with neurologist Kristen A.
Smith, M.D., for memory loss, sleepwalking, difficulty with word finding, and feeling like she is
in a fog. Tr. 1788, 1791. She said her neighbors were worried because they have caught her outside.
Tr. 1791. She reported that she had destroyed her couch, during a dream in which she had been
weeding the garden. (Id.) She said her son had found her eating dog food “like it was popcorn”
and she had once awoken to find her bed inexplicably filled with sand. (Tr. 1788.) Physical
examinations were normal. (Tr. 1791–92.) Dr. Smith intended to review a sleep study and made
medication changes, noting that the “multiple sleep related disorders” was “proving difficult to
control.” (Tr. 1788.) She recommended that Ms. Alger use a weighted blanket and indicated that
she may consider adding mirtazapine or Sinemet (carbidopa/levodopa). (Id.)
On June 18, 2019, Ms. Alger followed up with a provider regarding a right ankle fracture.
(Tr. 1946.) She reported that she had been sleepwalking more frequently without a medical boot
or walker, such that when she wakes up her ankle is severely swollen. (See id.) She was prescribed
a stirrup ankle brace to use at bedtime “to protect and immobilize for sleep walking.” (Id.) She
returned two weeks later, reporting that she had fallen while sleepwalking. (Tr. 1948.)
3. Gastrointestinal Impairments
Ms. Alger underwent a colonoscopy in June 2020, and a week later she was found to have
a likely colon perforation and abdominal abscesses requiring drainage. (Tr. 1810, 1847, 1852.) She
returned to the doctor with abdominal pain in July 2020, at which time surgery was recommended.
(Tr. 1814–15.) She continued to have some abdominal pain in August 2020, and her blood pressure
was high enough that she was recommended to the emergency department for evaluation.
(Tr. 1818–19.) An echocardiogram showed a mildly dilated left atrium and mild mitral and
tricuspid valve regurgitation. (Tr. 3752–53.)
Ms. Alger underwent a colon resection surgery in August 2020 that resulted in a diverting
loop ileostomy. (Tr. 1836.) Pathology of the colon section revealed a small polyp with
granulomatous inflammation, as well as chronic inflammation and fat necrosis of the pericolic
adipose tissue. (Tr. 3132.)
On September 5, 2020, Ms. Alger presented to the emergency department with severe
dehydration, hypotension, and hyponatremia caused by a high ileostomy output and her
hypertensive medications. (Tr. 628–29.) She was admitted and treated with intravenous fluids and
a medication adjustment, after which she was discharged. (Id.)
When Ms. Alger followed up with her surgeon at the end of September 2020, she reported
feeling well. (Tr. 1823.)
On December 2, 2020, she presented to the emergency department with irritation
surrounding the ostomy site and was admitted for concern of cellulitis (Tr. 544, 546). She was
treated with intravenous antibiotics and discharged the following day with a diagnosis of contact
dermatitis (Tr. 562). On December 4, 2020, she contacted her primary care provider after her
ostomy appliance detached, requiring in-office reapplication due to pain and skin breakdown
(Tr. 148)
On December 17, 2020, Ms. Alger again presented to the emergency department following
surgical consultation. (Tr. 424.) CT imaging revealed a fatty liver and some parastomal herniation
of small bowel, and she was found to have mild leukocytosis (Tr. 428). On the same day, she was
recommended for closure of the ileostomy. (Tr. 1891.)
On December 23, 2020, Ms. Alger underwent closure of the loop ileostomy, which
involved a small bowel resection. (Tr. 1865, 1872–73.)
On July 22, 2021, Ms. Alger presented to the emergency department complaining of
hypotension. (Tr. 4200–01) She denied abdominal pain, diarrhea, and vomiting. (Tr. 4201.) Her
physical examination was largely normal (Tr. 4020), her blood pressure was improved after the
application of intravenous fluids, and she was admitted for observation and continued
improvement. (Tr. 4206–07.)
On July 29, 2021, Ms. Alger returned to the emergency department, complaining of
fluctuating blood pressure. (Tr. 4137.) She denied abdominal pain, nausea, and vomiting. (Id.) An
electrocardiogram, physical examinations, imaging, and lab work were normal, and she was
discharged. (Tr. 4137–38.)
In March 2022, Ms. Alger went to the emergency room complaining of nausea, vomiting,
and diarrhea. (Tr. 5097.) On examination, she had mild diffuse abdominal tenderness on palpation.
(Tr. 5099.) She was treated with vancomycin. (Tr. 5105.)
Ms. Alger returned in August 2022, again complaining of diarrhea and abdominal pain for
the last several days, as well as dizziness. (Tr. 5227.)
In April 2023, Ms. Alger presented to the emergency room for dental pain. (Tr. 5756.) She
reported that most of her lower teeth had been surgically removed and that she was scheduled to
receive dentures. (Id.) She denied gastrointestinal symptoms and joint pain. (Id.) She was
prescribed Vicodin and instructed to follow up with her primary care doctor and dentist. (Tr. 5757.)
Ms. Alger returned to the emergency department in July 2023, complaining of dizziness
and nausea for four days. (Tr. 5973.) Her examination was normal. (Tr. 5975–76.) Her nausea
improved during her visit, and she was given intravenous fluids. (Tr. 5978.)
4. Mental Health Impairments
Ms. Alger consulted with Desiree Paschal, a licensed professional clinical counselor, for
an initial mental health assessment on November 2, 2020. (Tr. 63.) Ms. Alger reported that she was
living with her mother because her own physical health issues made her unable to drive or take
care of a house. (Id.) She said that her ileostomy bag disrupted her sleep, because she had to awaken
frequently in the night to empty it. (Id.) She was diagnosed with major depressive disorder and
generalized anxiety disorder; she said she was amenable to medication management but did not
want to undergo individual counseling. (Tr. 65.) On examination, Ms. Alger was friendly and
cooperative but presented with a depressed mood. (Tr. 71.) She showed impaired short-term
memory, poor judgment, and limited insight. (Tr. 72.)
She had a virtual appointment with John Trimbath, a physician assistant, for a reevaluation
on November 10, 2020. (Tr. 74.) She said “everything [was] going well” with her mental health,
on medication, until her colonoscopy complications. (Tr. 79.) Since then, she has not been eating
or sleeping well and has low energy or motivation. (Id.) Her mood was very anxious and depressed,
and her affect was very blunted. (Id.) Mr. Trimbath wrote that Ms. Alger “[definitely] needs
counseling” and started her on fluoxetine. (Tr. 82.)
At a virtual follow-up appointment on January 6, 2021, Ms. Alger said that she had been
“doing good until week.” (Tr. 95.) She found herself doing well after the colostomy reversal, but
she has recently been crying for no reason and getting upset when talking about her medical
history. (Id.) Mr. Trimbath noted that she had made “fair to good” progress with treatment and
increased the dosage of her fluoxetine. (Tr. 97.)
On April 11, 2023, Ms. Alger underwent a psychological consultative evaluation with
Carolyn Arnold, Psy.D. (Tr. 5534.) Ms. Alger described low motivation and energy, trouble
sleeping, and crying often, and she said she has difficulty leaving her home. (Tr. 5535.) But she
reported that counseling and medication had been helpful. (Id.) On examination, she displayed a
sad and tired affect. (Tr. 5536.) Dr. Arnold diagnosed depression. (Tr. 5537.) She opined that Ms.
Alger can understand, remember and carry out instructions. (Id.) She can sustain concentration
and show persistence with simple tasks for a shorter period of time and multistep tasks for a shorter
period of time. (Tr. 5538.) But she was distractible and mentally fatigued on examination. (Id.) Dr.
Arnold noted that Ms. Alger reported no difficulty with social interactions in the past and had a
history of interacting well with co-workers and supervisors and responding adequately to
workplace pressures by swimming and walking after work. (Id.)
IV. THE ALJ’S DECISION
The ALJ found that Ms. Alger meets the insured status requirements of the Social Security
Act through September 30, 2024. (Tr. 2013.) The ALJ further found that Ms. Alger had engaged
in substantial gainful activity from July to September 2016. (Id.) He found that Ms. Alger had
performed work for pay between 2014 and 2020, but the remaining quarters fell below SGA levels.
(Tr. 2013–14.)
The ALJ next determined that Ms. Alger had the following severe impairments:
(1) cervical spondylosis without myelopathy; (2) lumbar spondylosis; (3) lumbrosacral
spondylosis; (4) osteoarthritis of the knees, status-post total left knee replacement; (5) essential
hypertension; (6) asthma; (7) degenerative joint disease; (8) obstructive sleep apnea; and (9)
depressive disorder. (Tr. 2014.)
The ALJ concluded that none of Ms. Alger’s impairments, whether considered singly or in
combination, met or medically equaled the severity of one of the listed impairments in 20 C.F.R.
Part 404, Subpart P, Appendix 1. (Tr. 2016.)
The ALJ determined that Ms. Alger had the residual functional capacity (“RFC”) to
perform work at the light exertional level with a number of additional limitations. (Tr. 2019.)
Specifically, she can only occasionally push or pull with the bilateral upper extremities.
(Id.) she can occasionally climb ramps and stairs, but she must never climb ladders, ropes, or
scaffolds. (Id.) She can frequently stoop and occasionally kneel, crouch, and crawl. (Id.) She can
frequently handle, finger, and feel bilaterally. (Id.) She must avoid all exposure to hazards like
unprotected heights, moving machinery, and commercial driving. (Id.) She can tolerate a routine
work setting and can respond appropriately to supervisors, coworkers, and work situations if the
tasks performed are goal-oriented, performed without a production rate pace, and can be performed
with no more than superficial interaction with others. (Id.) The ALJ defined “superficial
interaction” to mean that the work would not require negotiating with, instructing, persuading, or
directing the work of others and would not require tandem work. (Id.) She cannot interact with the
public. (Id.)
The ALJ found that Ms. Alger had no past relevant work. (Tr. 2030.)
The ALJ then determined that—considering Ms. Alger’s age, education, work experience,
and RFC—there were jobs that existed in significant numbers in the national economy that she
could perform, including work as an “cleaner/housekeeper” (DOT 323.687-014), “mail clerk”
(DOT 209.687-026), and “inspector/hand packager” (DOT 559.687-074). (Tr. 2031.) The ALJ
therefore found that Ms. Alger was not disabled. (Id.)
V. LAW & ANALYSIS
A. Standard of Review
The Court’s review “is limited to determining whether the Commissioner’s decision is
supported by substantial evidence and was made pursuant to proper legal standards.” Winn v.
Comm’r of Soc. Sec., 615 F. App’x 315, 320 (6th Cir. 2015) (quoting Cole v. Astrue, 661 F.3d 931,
937 (6th Cir. 2011)); see also 42 U.S.C. § 405(g).
“Under the substantial evidence standard, a court looks to an existing administrative record
and asks whether it contains ‘sufficient evidence’ to support the agency’s factual determinations.”
Biestek v. Berryhill, 587 U.S. 97, 102 (2019) (cleaned up) (quoting Consolidated Edison Co. v.
NLRB, 305 U.S. 197, 229 (1938)). The standard for “substantial evidence” is “not high.” Id. While
it requires “more than a mere scintilla,” “[i]t means—and means only—‘such relevant evidence as
a reasonable mind might accept as adequate to support a conclusion.’” Id. (quoting Consolidated
Edison, 305 U.S. at 229).
In addition to considering whether substantial evidence supports the Commissioner’s
decision, the Court must determine whether the Commissioner applied proper legal standards.
Failure of the Commissioner to apply the correct legal standards as promulgated by the regulations
is grounds for reversal. See, e.g., White v. Comm’r of Soc. Sec., 572 F.3d 272, 281 (6th Cir.
2009); Bowen v. Comm’r of Soc. Sec., 478 F.3d 742, 746 (6th Cir. 2006) (“Even if supported by
substantial evidence, . . . a decision of the Commissioner will not be upheld where the SSA fails
to follow its own regulations and where that error prejudices a claimant on the merits or deprives
the claimant of a substantial right.”).
Finally, a district court cannot uphold an ALJ’s decision, even if there “is enough evidence
in the record to support the decision, [where] the reasons given by the trier of fact do not build an
accurate and logical bridge between the evidence and the result.” Fleischer v. Astrue, 774 F. Supp.
2d 875, 877 (N.D. Ohio 2011) (quoting Sarchet v. Chater, 78 F.3d 305, 307 (7th Cir. 1996))
(alteration in original).
B. Standard for Disability
To establish entitlement to DIB, a claimant must be insured at the time of disability and
must prove an inability to engage “in substantial gainful activity by reason of any medically
determinable physical or mental impairment,” or combination of impairments, that can be expected
to “result in death or which has lasted or can be expected to last for a continuous period of not less
than 12 months.” 20 C.F.R. §§ 404.130, 404.315, 404.1505(a).
Consideration of disability claims for both DIB and SSI follows a five-step review process.
20 C.F.R. § 404.1520.5 First, the claimant must demonstrate that he is not currently engaged in
“substantial gainful activity” at the time of the disability application. 20 C.F.R. § 404.1520(b).
Second, the claimant must show that he suffers from a “severe impairment” in order to warrant a
finding of disability. 20 C.F.R. § 404.1520(c). A “severe impairment” is one that “significantly
limits . . . physical or mental ability to do basic work activities.” Abbott v. Sullivan, 905 F.2d 918,
923 (6th Cir. 1990) (quoting 20 C.F.R. §§ 404.1520(c) and 416.920(c)).
Third, if the claimant is not performing substantial gainful activity, has a severe impairment
that is expected to last for at least twelve months, and the impairment, or combination of
5 The DIB and SSI regulations cited herein are generally identical. Accordingly, for convenience, in some
instances, citations to the DIB and SSI regulations regarding disability determinations will be made to the
DIB regulations found at 20 C.F.R. § 404.1501 et seq. The analogous SSI regulations are found at 20 C.F.R.
§ 416.901 et seq., corresponding to the last two digits of the DIB cite (e.g., 20 C.F.R. § 404.1520
corresponds with 20 C.F.R. § 416.920).
impairments, meets or medically equals a required listing under 20 CFR Part 404, Subpart P,
Appendix 1, the claimant is presumed to be disabled regardless of age, education, or work
experience. See 20 C.F.R. § 404.1520(d).
Before considering Step Four, the ALJ must determine the claimant’s residual functional
capacity, i.e., the claimant’s ability to do physical and mental work activities on a sustained basis
despite limitations from his impairments. 20 C.F.R. § 404.1520(e). An RFC “is the most [a
claimant] can still do despite [the claimant’s] limitations.” 20 C.F.R. § 416.945(a)(1). Agency
regulations direct the ALJ to consider the functional limitations and restrictions resulting from a
claimant’s medically determinable impairment or combination of impairments, including the
impact of any related symptoms on the claimant’s ability to do sustained work-related activities.
See Social Security Ruling (“SSR”) 96-8p, 1996 WL 374184 at *5 (July 2, 1996).
“A claimant’s RFC is not a medical opinion, but an administrative determination reserved
to the Commissioner.” Golden v. Berryhill, No. 1:18CV00636, 2018 WL 7079506, at *17 (N.D.
Ohio Dec. 12, 2018), report and recommendation adopted sub nom, 2019 WL 415250 (N.D. Ohio
Feb. 1, 2019). The ALJ is “charged with the responsibility of determining the RFC based on [the
ALJ’s] evaluation of the medical and non-medical evidence.” Rudd v. Comm’r of Soc. Sec., 531 F.
App’x 719, 728 (6th Cir. 2013). “[T]he ALJ must give some indication of the evidence upon which
he is relying, and he may not ignore evidence that does not support [the ALJ’s] decision, especially
when that evidence, if accepted, would change [the ALJ’s] analysis.” Golden, 2018 WL 7079506
at *17.
At the fourth step, if the claimant’s impairment or combination of impairments does not
prevent him from doing his past relevant work, the claimant is not disabled. 20 C.F.R. §§
404.1520(e)–(f). For the fifth and final step, even if the claimant’s impairment does prevent him
from doing his past relevant work, the claimant is not disabled if other work exists in the national
economy that the claimant can perform. 20 C.F.R. § 404.1520(g). See Abbott, 905 F.2d at 923.
C. Analysis
1. The RFC and Ms. Alger’s Leg and Hand Impairments
In her first assignment of error, Ms. Alger contends that the RFC is inconsistent with the
objective medical record, in that (1) her lower extremity impairments do not allow her to work at
the light exertional level and (2) her hand impairments do not allow her to frequently handle,
finger, and feel.
With respect to Ms. Alger’s lower extremity impairments, Ms. Alger points to her left knee
arthroplasty and manipulations under anesthesia and argues that even after surgery she continued
to exhibit an antalgic gait and limited mobility, pointing to Dr. Mikhail’s May 2022 and March and
September 2023 examinations, which each noted a mildly antalgic gait. (Tr. 4496, 5573, 5959).
She also points to several instances where she was found to have reduced range of motion,
swelling, and pain, although those records are largely from 2019. (Tr. 1940, 1941, 1956, 1964).
She also argues that her right ankle was unstable, causing many falls and ultimately requiring
reconstruction. She points to records from 2023 to argue that she continued to demonstrate
symptoms after surgery.
This is a straightforward cherry-picking argument, and review of the records she cites do
not convince the Court that the ALJ’s finding is not supported by substantial evidence or
adequately explained. Ms. Alger reported that she was “doing great” after her ankle surgery, with
“really no significant pain.” (Tr. 5554.) She was ambulating in regular shoes and had returned to
“all normal activity.” (Tr. 5557.) She showed an excellent response to Lyrica and ablation,
reporting that her pain was improved substantially. (Tr. 4491 (rated a 2, with frequency of flareups
decreasing)). She had normal range of motion in both legs, with normal muscle strength and tone.
(E.g., Tr. 5573.) And her range of motion in the knee was only mildly limited. (Id.) Indeed, she
was counseled to increase her activity. (Tr. 5574.)
It is true that an ALJ may not cherry pick facts to support a finding of non-disability while
ignoring evidence that points to a disability finding. See, e.g., Gentry v. Comm’r, 741 F.3d 708,
724 (6th Cir. 2014) (reversing where ALJ failed “to address certain portions of the record,
including evidence of a continuing illness that was not resolved despite use of increasingly serious
and dangerous medications”). But an ALJ “does not ‘cherry pick’ the evidence merely by resolving
some inconsistencies unfavorably to a claimant’s position.” Solembrino v. Astrue, No. 1:10-cv-
1017, 2011 WL 2115872, at *8 (N.D. Ohio May 27, 2011). The Sixth Circuit has explained that
allegations of cherry-picking evidence by the ALJ are “seldom successful because crediting it
would require a court to re-weigh record evidence.” DeLong v. Comm’r of Soc. Sec., 748 F.3d 723,
726 (6th Cir. Apr. 3, 2014) (citing White v. Comm’r of Soc. Sec., 572 F.3d 272, 284 (6th Cir. 2009)).
Here, the ALJ expressly acknowledged that Ms. Alger at times used a walker or cane, cited
the instances where Ms. Alger reported falls, and thoroughly reviewed the medical evidence related
to Ms. Alger’s knees and ankle—including the relevant imaging and her treatment history. (Tr.
2015, 2017, 2021–22.) The ALJ reviewed her reports of pain and functional limitations. (Tr. 2020.)
But the ALJ also set forth that Dr. Walker’s notes show that after surgery that Ms. Alger was fully
weight bearing, that pain management records show that her knee pain was not accompanied by
instability, and that in June 2023 she reported only one fall in the previous year and did not
complain of difficulty with walking. (Tr. 2021–27.)
The ALJ thoroughly and accurately reviewed the medical records, and the Court finds no
reversible error in his conclusion that “[r]ecords do not reflect a persistent gait deficit, lower
extremity weakness or instability, or use of a cane or walker outside of periods of recovery from
surgery, and do not establish a medical need for an assistive device.” (Tr. 2028.)
With respect to her upper-extremity impairments, Ms. Alger again simply points to
evidence she says support greater limitations. She points out that she had bilateral carpal tunnel
requiring surgical release and a right thumb arthroplasty and received ongoing injections. She
directs the Court to MRI imaging showing moderate left neural foraminal stenosis and mild
impingement. (Tr. 1546.)
Here again, the ALJ carefully reviewed the medical evidence and acknowledged these
records and Ms. Alger’s reports of her pain and functional limitations. But the ALJ concluded that
the “[t]reatment notes do not reflect persistent complaints of hand or thumb pain during the period
at issue, and do not indicate a persistent deficit in grip strength.” (Tr. 2028.) The ALJ pointed to
examinations conducted after the thumb arthroplasty that showed good range of motion of the
fingers and intact neurovascular functioning. (E.g., Tr. 1505.) The ALJ pointed out that Ms. Alger
worked as a cashier and stocker after the procedure, and later as a lifeguard for 12 hours per week.
(Tr. 2028.) He pointed out positive results from the release procedures and corticosteroid
injections. (Tr. 2020.)
It is also important to note that review of an ALJ’s decision is not done in isolation. Instead,
the Court looks at “the record as a whole to determine whether there is substantial evidence to
support the ALJ’s finding.” Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 532 (6th Cir. 1997); see
also Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 475 (6th Cir. 2003) (“In order to affirm the
Commissioner’s determination, the decision must be supported by substantial evidence in the
record as a whole.”).
Here, the ALJ further supported his conclusions by reference to Ms. Alger’s activities of
daily living. The ALJ pointed out that Ms. Alger reported in April and May 2023 that she was able
to complete some household chores and her activities of daily living without an assistive device,
albeit slowly, and worked for several years as a lifeguard. (Tr. 2027.)
And finally, the ALJ supported the RFC with the opinions of the state agency medical
consultants, who opined that Ms. Alger remained capable of light work and frequent bilateral
handling and fingering, with the additional postural and other limitations included. (Tr. 2029.) The
ALJ explained that those opinions were persuasive in part because “[e]xaminations at the hearing
level continued to indicate the claimant was alert and in no distress, with intermittent knee, lumbar,
knee, and ankle tenderness, or restrictions in range of motion, 5/5 strength, intact sensation and
reflexes, intact coordination, no persistent edema or swelling, no persistent gait deficit, and no
persistent use of an assistive device, consistent with light work with postural limitations.” (Id.) Ms.
Alger directs the Court to no medical opinion providing for more restrictive limitations.
“It is the ALJ’s place, and not the reviewing court’s, to resolve conflicts in
evidence.” Collins v. Comm’r of Soc. Sec., 357 F. App’x 663, 670 (6th Cir. 2009) (quotation marks
and citation omitted). The Court is convinced that the ALJ reasonably did so here, and that the
ALJ’s decisions are supported by substantial evidence.
Therefore, Ms. Alger’s first assignment of error is overruled.
2. Ms. Alger’s Sleep Disorders
In her second assignment of error, Ms. Alger contends that the ALJ failed to address certain
evidence of sleep related disorders and find restless leg syndrome and sleepwalking to be severe
medically determinable impairments. She contends that the ALJ failed to incorporate appropriate
functional limitations in the RFC related to these remaining sleep disorders.
Ms. Alger points to records from 2017, 2018, and 2019 where she sought treatment from
reported falls from sleepwalking. (E.g., Tr. 1509, 1593, 1771 1757, 2023.) She argues that this
“extensive evidence” should have led the ALJ to incorporate limitations based on a lack of
concentration and focus due sleep deprivation and obstructive sleep apnea.
To the extent Ms. Alger is arguing that the ALJ erred at Step Two, any error there would
be harmless. When an ALJ finds severe and non-severe impairments at Step Two and continues
with the subsequent steps in the sequential evaluation process, any error
at Step Two is harmless. E.g., Maziarz v. Sec’y of Health & Human Servs., 837 F.2d 240, 244 (6th
Cir. 1987). Moreover, here the ALJ explicitly stated that he was considering “[r]eported difficulties
with sleep or fatigue . . . as symptoms of obstructive sleep apnea.” (Tr. 2015.)
Turning to the thrust of Ms. Alger’s assignment of error—that the ALJ should have
included functional limitations based on a lack of concentration and focus based on sleep-related
impairments—the Court is not convinced that there is reversible error in the ALJ’s conclusions or
reasoning.
First, as the Commissioner points out, the ALJ did address relevant records regarding sleep
disorders.
At Step Two, the ALJ acknowledged that Ms. Alger was “diagnosed with restless leg
syndrome and prescribed ropinirole” but summarized that “[t]reatment notes do not reflect regular
associated complaints, or functional limitations” from that condition. (Tr. 2015.) The ALJ then
noted at Step Three that Ms. Alger’s obstructive sleep apnea had not led to “three overnight
hospitalizations for respiratory symptoms, complications, or exacerbations.” (Tr. 2017.)
The ALJ later in the decision acknowledged Ms. Alger’s hearing testimony. Tr. 2020 (“She
alleged she would need three to four extra breaks during the day. . . . She reported use of a CPAP
machine for her sleep problem. . . . She [later] stated she was unable to use her CPAP until she had
healed from the bowel problems. . . . She [later] reported . . . 100 falls over the prior three years .
. . . She reported difficulty learning new tasks, problems following instructions, word loss, and
working better alone . . . . She reported drowsiness as a side effect of medications . . . .”)
The ALJ then specifically discussed the evidence of Ms. Alger’s sleepwalking as follows:
On October 31, 2017, the claimant sought emergency treatment at Lake Hospital
System for an injury to the right upper extremity after a fall. The fall presumably
occurred while the claimant was sleepwalking at night, as she woke in the basement
with an injury to the right arm. The claimant reported she sleepwalks four times a
week. . . . CTs of the brain and cervical spine were normal.
. . .
On November 15, 2017, the claimant complained to Dr. Nahra of continued right
thumb and wrist pain, in addition to injuries caused by falls while sleepwalking.
. . .
On August 21, 2018, the claimant had a follow-up with John Baron, M.D., of
University Hospitals Madison Physicians. Dr. Baron noted a history of severe
obstructive sleep apnea, restless leg syndrome, and sleepwalking, and the claimant
reported sleepwalking at least twice a week. Dr. Baron noted recently increased
CPAP pressure due to persistently elevated obstructive apneas. The claimant
complained of excessive daytime sleepiness, but reported feeling rested with sleep
when she is able to keep the CPAP on. An examination was normal. Dr. Baron
instructed the claimant to continue nightly use of the CPAP at an increased pressure.
He prescribed ropinirole and recommended weight loss. Dr. Baron noted the
claimant was training a dog to detect when she is sleep walking to lead her back to
her bedroom in an attempt to keep her safe.
During October and November of 2018, the claimant underwent treatment with
neurologist Kristen A. Smith, complaining of memory loss, sleepwalking, difficulty
with word finding, and feeling like she is in a fog. She indicated her neighbors are
worried because they have caught her outside while asleep, and she said her son
found her eating dog food one night. The claimant reported a history of obstructive
sleep apnea, but reportedly pulls the CPAP off during the night while asleep. She
reported use of ropinirole for restless leg syndrome and lorazepam for anxiety.
Examinations were normal, and indicated the claimant was alert, oriented, and in
no acute distress, with normal heart, lungs, and extremities, no tremors, normal
motor and strength in all extremities, no drift, normal sensation and reflexes, intact
coordination, and normal gait, with no ataxia and negative Romberg testing. Dr.
Smith increased the ropinirole dosage and added clonazepam. Although the
claimant has experienced multiple musculoskeletal injuries from sleepwalking
accidents over the course of the current adjudicating period, the claimant’s sleep
disturbances improved after she began taking clonazepam in November of 2018,
under Dr. Smith’s care.
(Tr. 2023–24) (internal record citations omitted).
The ALJ also identified those treatment records from after 2018 where Ms. Alger was
found to be alert or very pleasant. (E.g., Tr. 2026) (citing examinations from April and May 2023).
The ALJ noted in particular that mental health examinations from therapy records “generally found
she was cooperative, friendly, and alert, with intact attention and concentration, normal speech,
normal mood, logical thought process, and good insight and judgment.” (Id.) And the ALJ noted
that the consultative examiner found her to be cooperative with good judgment and noted that she
could recall two of three words after a delay, repeat six digits forward and two backward, perform
serial sevens to 72, spell ‘world’ backward, follow a three-step command, and did not have
difficulty following the conversation. (Tr. 2027.)
After reviewing this evidence in detail, the ALJ found that Ms. Alger has a moderate
limitation when it comes to concentrating, persisting, and maintaining pace. (Tr. 2018.) But the
ALJ also accurately noted that:
She did not report associated problems with driving, going shopping, doing
household tasks, or managing her finances . . . . Treatment notes do not
reflect persistent observed deficits in concentration or attention. The
consultative examiner found the claimant could repeat six digits forward
and two backward, perform serial sevens to 72, spell ‘world’ backward, and
did not have difficulty following the conversation . . . .
(Tr. 2018.)
The ALJ later discussed his reasoning as follows:
Treatment notes do not support the frequency and severity of falls alleged,
or reported balance and gait deficits. For example, in June of 2023, she
reported only one fall with an injury in the prior year, no difficulty with
walking or imbalance, and no difficulty performing activities of daily living,
inconsistent with the frequency and severity of reported balance issues,
falls, and difficulty walking. . . .
Treatment notes also did not indicate regular complaints of fatigue from
unrestful sleep, or observed tiredness. Examinations outside of periods of
recovery regularly indicated she was alert and in no distress . . . .
(Tr. 2027–28.)
After weighing this evidence, the ALJ noted his conclusion, that to account for any deficits
in concentration, Ms. Alger would be limited to a routine work setting, where tasks performed are
goal-oriented, but not at a production rate pace, and where she would not be instructing,
persuading, or directing the work of others, or working in tandem, or interacting with the public.
(Tr. 2028.) The ALJ pointed out that this RFC was also supported by an opinion from state agency
medical and psychological consultants. (Tr. 2029.)
The Court sets forth this detailed discussion because it is simply not true that the ALJ
“largely failed to address the extensive sleep-related evidence” here. (ECF No. 9-1,
PageID# 6034.) The ALJ addressed each of the medical appointments that she identifies in her
brief. (See id. at PageID# 6035.)
Ms. Alger’s argument largely points to one sentence from the ALJ’s detailed decision—his
note that her “sleep disturbances improved after she began taking clonazepam in November of
2018.” Ms. Alger is correct that the ALJ did not specifically identify that Ms. Alger told her doctor
in June 2019 that she had been sleepwalking more, such that she was prescribed a boot to protect
her ankle during sleepwalking events. (See Tr. 1946.) But “[a]n ALJ need not discuss every piece
of evidence in the record for [the ALJ’s] decision to stand.” Thacker v. Comm’r of Soc. Sec., 99 F.
App’x 661, 665 (6th Cir. 2004); see also Loral Def. Sys.-Akron v. NLRB, 200 F.3d 436, 453 (6th
Cir. 1999) (“An ALJ can consider all the evidence without directly addressing in his written
decision every piece of evidence submitted by a party. Nor must an ALJ make ‘explicit credibility
findings’ as to each bit of conflicting testimony, so long as his factual findings as a whole show
that he ‘implicitly resolve[d]’ such conflicts.”) (citation omitted).
Here, the ALJ’s analysis demonstrates that he carefully reviewed the record, including the
medical evidence related to Ms. Alger’s sleepwalking and restless legs. While the ALJ ultimately
declined to find restless legs or sleepwalking as severe conditions, the mere existence of an
impairment does not establish that Ms. Alger was significantly limited from performing basic work
activities for a continuous period of time. See, e.g., Despins v. Comm’r of Soc. Sec., 257 F. App’x
923, 930 (6th Cir. 2007).
The ALJ’s detailed analysis sets forth how he considered the resulting functional
limitations of Ms. Alger’s sleep conditions. He found that she frequently presented as alert,
pleasant, and cooperative throughout the alleged disability period, saw treatment improvement
with medication and other solutions, and maintained adequate concentration during the consulting
examination, among other things as set forth in detail above.
The Court cannot find error where the ALJ thoroughly and accurately discussed the medical
records and reasonably explained why further concentration or focus limitations would be
unsupported, especially where the ALJ’s conclusions are consistent with or more restrictive than
the state agency consultants’ opinions and where Ms. Alger has not cited any medical opinion
evidence demonstrating that there are additional specific functional limitations that the ALJ did
not address.
The ALJ’s RFC determination is supported by substantial evidence and comports with the
applicable law. The Court therefore overrules Ms. Alger’s second assignment of error.
3. Ms. Alger’s Ability to Work on a Continuing Basis
In her final assignment of error, Ms. Alger contends that the ALJ failed to consider whether
she could sustain competitive employment on a regular and continuing basis. She argues that the
combination of her impairments severely limit “workday sustainability,” pointing to her
gastrointestinal issues (which, she says, would necessitate further bathroom breaks), vertigo,
migraines, nausea, vomiting, and fatigue. (ECF No. 9-1, PageID# 6037.) She claims that the ALJ
considered her impairments only in isolation, pointing to the ALJ’s “chronological summary of
evidence,” which she says “minimizes the impact of the multiple, co-existing and severely
debilitating impairments . . . .” (Id., PageID# 6038.) She says the ALJ’s analysis therefore fails to
comply with SSR 96-8p.
The Commissioner defends the ALJ’s decision, noting that the ALJ adequately explained
why he found no further functional limitations than those in the RFC. The Commissioner points
out that the ALJ considered every one of Ms. Alger’s impairments, including those found not
severe, and explained how he took them into account. The Commissioner argues that the ALJ’s
conclusions in this regard are supported by substantial evidence.
The Court agrees with the Commissioner.
Social Security Ruling 96-8p recognizes that, “[w]hile a ‘not severe’ impairment[] standing
alone may not significantly limit an individual’s ability to do basic work activities, it may—when
considered with limitations or restrictions due to other impairments—be critical to the outcome of
a claim.” SSR 96-8p, 1996 WL 374184, at *5 (July 2, 1996). This standard recognizes that “ ‘the
definition [of a non-severe impairment] contemplates that non-severe impairments may very well
impose some type of limitation on basic work activities.’” Patterson v. Colvin, No. 5:14-cv-1470,
2015 WL 5560121, at *4 (N.D. Ohio Sept. 21, 2015) (quoting Katona v. Comm’r of Soc. Sec., No.
14-cv-10417, 2015 WL 871617, at *6 (E.D. Mich. Feb. 27, 2015) (emphasis in original)).
In Emard v. Commissioner of Social Security, 953 F.3d 844 (6th Cir. 2020), the Sixth
Circuit clarified an ALJ’s obligations under SSR 96-8p with respect to non-severe impairments.
The court noted that “[d]istrict courts in this circuit have held that an ALJ need not specifically
discuss all nonsevere impairments in the residual-functional-capacity assessment when the ALJ
makes clear that her decision is controlled by SSR 96-8p.” Id. at 851–52. The court agreed with
those cases, holding that the ALJ’s “express reference to SSR 96-8p, along with her discussion of
the functional limitations imposed by [the claimant’s] nonsevere impairments at step two of the
analysis” meant that the ALJ complied with SSR 96-8p, even where the ALJ failed to specifically
discuss the claimant’s non-severe impairments when formulating the RFC. Id. at 852.
Here, the ALJ specifically acknowledged—citing SSR 96-8p—that in making the RFC
finding, he must determine “her ability to do physical and mental work activities on a sustained
basis” after “consider[ing] all of the claimant’s impairments, including impairments that are not
severe.” (Tr. 2012.)
The ALJ then discussed, in remarkable detail considering the size of this record, how he
considered Ms. Alger’s impairments and weighed the evidence. For instance, at Step Two, the ALJ
acknowledged Ms. Alger’s hyperlipidemia but cited records showing that it was controlled without
significant symptoms on medication. (Tr. 2014.) The ALJ discussed Ms. Alger’s complicated
gastrointestinal history but noted that after the ileostomy closure, records do not reflect regular
complaints of abdominal pain or other gastrointestinal symptoms. (Id.) The ALJ discussed Ms.
Alger’s vertigo and dizziness starting in 2022, but he accurately noted that it had been largely
improved through medication and therapy, such that by June 2023 she reported no difficulty with
walking or balance and no difficulty performing her activities of daily living. (Tr. 2014–15.)
In crafting the RFC, the ALJ specifically wrote that he had “considered all symptoms.” (Tr.
2019.) And his discussion throughout the decision makes clear that he did, in fact, consider her
impairments in combination. He referred to a “combination of impairments” at Step Two.
(Tr. 2016.) He repeatedly referred to “her impairments” or “worsening impairments.” (E.g., Tr.
2020); see also Loy v. Sec’y of Health and Human Srvs., 901 F.2d 1306, 1310 (noting the ALJ’s
reference to “impairments (plural)” and a “combination of impairments” in finding that the ALJ
had considered the combined effect of impairments). He compared findings from within and
outside of “periods of recovery.” (Tr. 2027–28.) And his reasoning otherwise clearly indicates that
he considered the combined effect of Ms. Alger’s impairments on her ability to sustain
employment.
While Ms. Alger characterizes his decision as a “chronological summary of evidence,”
there is no reason to assume or conclude here that the ALJ—despite saying otherwise—failed to
consider the combined effects of her impairments as required, or failed to consider whether she
could sustain employment despite that combination of impairments. “An ALJ’s individual
discussion of multiple impairments does not imply that he failed to consider the effect of the
impairments in combination.” Loy, 901 F.3d at 1310.
Post-Emard decisions from this district have routinely affirmed the Commissioner in
similar circumstances. See, e.g., Holt v. Comm’r of Soc. Sec., No. 1:23-CV-00209-BMB, 2023 WL
8770503, at *8 (N.D. Ohio Nov. 1, 2023) (affirming ALJ’s decision despite failure to discuss non-
severe impairments when formulating RFC where ALJ cited to SSR 96-8p, discussed the
functional limitations stemming from the claimant's non-severe impairments imposed at Step Two,
and stated that ALJ considered non-severe impairments when formulating RFC), report and
recommendation adopted, 2024 WL 83029 (N.D. Ohio Jan. 8, 2024); Yost v. Comm’r of Soc. Sec.,
No. 1:23-CV-00699-JRA, 2024 WL 1054234, at *7–9 (N.D. Ohio Jan. 26, 2024) (same), report
and recommendation adopted, 2024 WL 1051654 (N.D. Ohio Mar. 11, 2024); Nelson v. Comm’r
of Soc. Sec., No. 1:21-CV-01784-JG, 2023 WL 2435322, at *15–16 (N.D. Ohio Jan. 31,
2023), report and recommendation adopted, 2023 WL 2431989 (N.D. Ohio Mar. 9, 2023).
The Court is similarly convinced that the ALJ’s conclusions are supported by substantial
evidence. It is patently true that Ms. Alger has had a long and painful treatment history for a number
of different conditions. But she does not direct the Court to medical records or opinion evidence
establishing a functional limitation stemming from her gastrointestinal history (after the ileostomy
closure), or her vertigo, migraines, nausea, vomiting, and fatigue that the ALJ failed to consider.
The ALJ’s RFC is supported by the opinions of the state agency medical consultants, and it was
crafted after a thorough and accurate review of the record evidence. The Court finds no reversible
error here.
Because the ALJ complied with SSR 96-8p and because the resulting RFC determination
was supported by substantial evidence, the Court overrules Ms. Alger’s third assignment of error.
VI. CONCLUSION
Having overruled Ms. Alger’s assignments of error for the reasons set forth above, the
Court AFFIRMS the Commissioner’s final decision.
Dated: July 31, 2026 /s/ Jennifer Dowdell Armstrong
Jennifer Dowdell Armstrong
U.S. Magistrate Judge
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