Marta Gonzalez Castillo v. Social Security Administration

Miami, Florida social security disability lawyer represented the Plaintiff seeking review of the denial by HHS of her application for social security disability benefits.



Gonzalez Castillo applied for supplemental social security

income on July 25, 2019. She asserted disability as of June 27, 2017,

and claimed a variety of physical and mental health impairments

limited her ability to work. She underwent several evaluations, in-

cluding assessments by Dr. John J. Catano, Dr. Paul Feria, and

Dr. Rosanna Perez.



Dr. Catano, for example, examined Gonzalez Castillo in

September 2019. He noted that Gonzalez Castillo "walked with an

abnormal gait” and "ambulated with a wheelchair.” He stated that

it was "medically necessary” for Gonzalez Castillo to use a wheel-

chair "at that time.”



In October 2019, the Cooperative Disability Investigation

Unit conducted an investigation and prepared a report in Gonzalez

Castillo's case. The disability report, prepared by Vicky Quamina-

Lee, described a video of Gonzalez Castillo shopping at a store.



The video showed Gonzalez Castillo walking with a limp but with-

out a walker or wheelchair, completing transactions, entering a

four-digit PIN, carrying grocery bags, and interacting with store

employees. The disability report also detailed an interview of the

store manager, who relayed that Gonzalez Castillo was a regular

customer who limped but did not use a cane or walker, usually

came to the store alone, and had no difficulty shopping.



In August 2020, Dr. Feria conducted a mental status exami-

nation on Gonzalez Castillo. Dr. Feria described her as "emotion-

ally withdrawn” with "a passive and lethargic adjustment.” Dr. Fe-

ria noted that Gonzalez Castillo had poor focus and impoverished

judgment. Dr. Feria diagnosed Gonzalez Castillo with schizoaffec-

tive disorder, depressive type.



The same month, Dr. Perez performed a physical examina-

tion of Gonzalez Castillo. Dr. Perez noted that Gonzalez Castillo

had left hip and lower back pain, but that her strength and motor

skills were normal. Dr. Perez found that Gonzalez Castillo's use of

a walker was medically necessary.



After the commissioner denied Gonzalez Castillo's claim,

both initially and upon reconsideration, the ALJ held a hearing to

determine whether she was disabled within the meaning of the So-

cial Security Act. At the hearing, Gonzalez Castillo admitted she

did not use a walker except when going to the clinic. A vocational

expert also testified, based on hypotheticals posed by the ALJ, that

work would be present in the national economy for someone with

Gonzalez Castillo's age, education, work experience, and residual

functional capacity.

Plaintiff's application for benefits was denied.



Gonzalez Castillo appealed to the Appeals Council, which

denied review. After her appeal was denied, she sued, seeking re-

versal of the ALJ’s decision. Gonzalez Castillo argued that the ALJ

committed reversible error by relying on the disability report to

rebut medical opinions, and that the ALJ’s residual functional ca-

pacity findings were not supported by substantial evidence. The

district court concluded that the ALJ did not err in admitting and

relying on the disability report and that substantial evidence sup-

ported the residual functional capacity finding. The district court

entered final judgment in favor of the commissioner. Gonzalez

Castillo timely appealed.



Affirmed