United States District Court, N.D. Texas, Dallas Division
Donna M. F., Plaintiff,
v.
Nancy A. Berryhill Acting Commissioner of Social Security Administration, Defendant.
MEMORANDUM OPINION
RENEE
HARRIS TOLIVER, UNK£Er>STATES MAGISTRATE JUDGE.
Before
the Court are the parties' cross-motions for summary
judgment. For the reasons that follow, Plaintiff's
Motion for Summary Judgment, Doc. 18, is
DENIED, Defendant's Motion for
Summary Judgment, Doc. 19, is GRANTED,
and the Commissioner's decision is
AFFIRMED
I.
BACKGROUND
A.
Procedural History
Plaintiff
seeks judicial review of a final decision by the Commissioner
denying her application for disability benefits under the
Social Security Act (“the Act”). Doc. 1 at 1.
After Plaintiff's claims were denied at all
administrative levels, she appealed to this Court pursuant to
42 U.S.C. § 405(g); Doc. 18-1 at 1-2.
B.
Factual Background
Plaintiff
filed for benefits in September 2015 claiming that she became
disabled in October 2014 due to her uncontrolled diabetes,
neuropathy, collagenous colitis, arthritis, and vision
impairment. Doc. 1 at 1-2; 18-1 at 1, 6. She was 49 years old
on her alleged disability onset date. Doc. 13-1 at 27.
1.
Diabetes and Collagenous Colitis
During
a medical visit in August 2015, Plaintiff requested refills
for diabetes medication she had not taken in two years and
was diagnosed with type II, uncontrolled diabetes. Doc. 13-1
at 378, 381. In September 2015, Plaintiff's insulin and
gabapentin doses were increased, and she received diet and
nutrition counseling. Doc. 13-1 at 311. Plaintiff exhibited
normal bowel sounds. Doc. 13-1 at 310.
Plaintiff
later suffered from a three-month bout of diarrhea and
vomiting, likely the result of hyperglycemia, that resulted
in hospitalizations in November and December of 2015. Doc.
13-1 at 343, 360. During a January 24, 2017 hospitalization,
Plaintiff was again hyperglycemic and not compliant with
taking her medication. Doc. 13-1 at 758. Plaintiff's
blood glucose level upon admission was 863. Doc. 13-1 at 766.
2.
Ocular
On
November 16, 2015, Plaintiff underwent a visual consultative
examination with Dr. Celico. Doc. 13-1 at 334-35. Dr. Celico
noted that Plaintiff had no neovascular disease and normal
visual field in both eyes. Doc. 13-1 at 335. Plaintiff's
vision for distance was 20/40 in her right eye and 20/80 in
her left eye with best correction. Doc. 13-1 at 334.
Plaintiff's near vision was 20/200 with her right eye and
20/250 with her left eye with best correction. Doc. 13-1 at
334. Dr. Celico predicted Plaintiff's future health would
be fair to good. Doc. 13-1 at 335. Plaintiff was not taking
any ocular medications. Doc. 13-1 at 479.
3.
...