SOCIAL SECURITY ADMINISTRATION · OFFICE OF HEARINGS OPERATIONS
In re: Maria Elena Reyes · Claim for Title II Disability Insurance Benefits · Hearing 09/22/2026 · Hon. Patricia Whitfield
PRE-HEARING MEMORANDUM ON BEHALF OF THE CLAIMANT
I. Procedural history and issue
The claimant filed for disability insurance benefits on August 5, 2024, alleging disability beginning June 12, 2024. The claim was denied initially on December 18, 2024 and on reconsideration on April 22, 2025. A timely request for hearing followed. The claimant is insured through December 31, 2028. The issue is whether the claimant has been under a disability within the meaning of the Social Security Act since June 12, 2024.
II. Summary of the argument
Since June 12, 2024 the claimant has been limited to a reduced range of sedentary work, with a sit/stand option at will, two additional unscheduled breaks, occasional fingering, no overhead reaching on the right, a limitation to simple tasks without public contact, and time off task of approximately 15 to 20 percent. Two treating sources, an orthopedic surgeon of four years and a primary physician of seven, describe these limitations; their opinions are supported by their own examinations and by imaging that documents progression, and are consistent with the record as a whole. The claimant, age 52, cannot return to her past work as a nurse assistant or cashier. Her skills do not transfer to sedentary work, and Medical-Vocational Rule 201.14 applies, under which she is disabled. In the alternative, the non-exertional limitations significantly erode the sedentary occupational base and no significant number of jobs remains.
III. Medical evidence
The claimant worked as a certified nursing assistant from 2009 until June 12, 2024, medium to heavy work performed on her feet for full shifts. By April 2024 her primary physician recorded daily low-back pain radiating into the right leg (Ex. A). A month after she stopped working, her orthopedic surgeon recorded a positive straight-leg raise on the right and ordered imaging (Ex. B). The September 2024 lumbar MRI showed a 3 mm disc protrusion at L4-L5 with mild foraminal narrowing at L5-S1 (Ex. F). A second study in May 2026 showed the protrusion enlarged to 5 mm with new foraminal stenosis at L5-S1, which the radiologist characterized as moderate to severe neural impingement (Ex. K).
The claimant has type 2 diabetes with peripheral neuropathy, diagnosed in November 2023 on reduced monofilament sensation in both feet and treated with gabapentin (Ex. D). She underwent right-knee arthroscopy in February 2023 for osteoarthritis and a meniscal tear (Ex. B). She has been treated for major depressive disorder and generalized anxiety disorder since February 2024 (Ex. C). Between February and July 2025 she was unable to attend psychiatric appointments because she could not afford the copay after a household job loss, as her psychiatrist's records document; treatment resumed in August 2025 on approval of a patient-assistance program. Over the nine visits that followed, her psychiatrist recorded flat affect, psychomotor retardation, impaired concentration in session, tearfulness and poor eye contact, increased sertraline to 150 mg and added buspirone (Ex. C). A June 2026 cognitive screening documented deficits in working memory and processing speed (Ex. L).
The claimant takes seven medications. Her prescribers have charted drowsiness and dizziness from gabapentin and trazodone, fatigue from buspirone, and gastrointestinal effects from metformin (Ex. A, C, D).
IV. Opinion evidence
Two treating sources have provided medical source statements. Dr. Michael Chen, the claimant's orthopedic surgeon since 2022, states that she can lift ten pounds occasionally, sit for thirty minutes and stand for fifteen minutes at a time, walk about one block, cannot reach overhead with the right arm, has grip strength reduced about forty percent bilaterally on measurement, and must avoid temperature extremes and vibration (Ex. H). Dr. Angela Rivera, her primary physician since 2019, describes a global functional decline, observed difficulty rising from the examination table and gait abnormality, fatigue, and fine-motor difficulty (Ex. I). Under 20 CFR 404.1520c these opinions are well supported by the sources' own findings and by the imaging, and are consistent with the treatment records and the claimant's statements; they are persuasive.
The state-agency medical consultant assessed a capacity for light work in April 2025 (Ex. G). That assessment was a record review, without examination, made before the May 2026 imaging, before both treating statements, and before nine months of psychiatric findings and the cognitive screening. It is neither supported by the complete record nor consistent with it, and it is not persuasive. No consultative examination was obtained.
V. The listings
Listing 1.15 is not argued as met: although elements A and C are documented and element B is documented in part, the record contains no medical need for an assistive device satisfying element D. Listing 12.04 is not argued as met: paragraph A is satisfied by six documented symptoms, but the clinical findings support moderate rather than marked limitations under paragraph B, and the paragraph C criteria are not developed. The claimant proceeds on residual functional capacity.
VI. Residual functional capacity
On a regular and continuing basis, eight hours a day, five days a week, the claimant can perform sedentary work as defined in 20 CFR 404.1567(a), except that she can lift and carry ten pounds occasionally and less than ten pounds frequently; sit thirty minutes and stand fifteen minutes at a time with the option to change position at will, not exceeding thirty minutes in either position; walk about one block at a time; occasionally stoop and crouch; never crawl or climb ladders, ropes or scaffolds; occasionally climb stairs with a railing; frequently handle and occasionally finger bilaterally; never reach overhead with the right upper extremity; avoid concentrated exposure to extreme temperatures and vibration and all exposure to unprotected heights and moving mechanical parts; and would require two additional unscheduled breaks of fifteen to twenty minutes each day. She can understand, remember and carry out simple one- to two-step instructions; can have occasional interaction with supervisors and coworkers and none with the public; can adapt to routine changes with advance notice; and would be off task approximately fifteen to twenty percent of the workday. Each limitation is drawn from a treating opinion or a clinical finding; the claimant's statements, quantified at a second interview (Ex. J), establish frequency and are consistent with that evidence under SSR 16-3p.
VII. Steps four and five
The claimant cannot perform her past relevant work as a nurse assistant (DOT 355.674-014, medium, SVP 4) or cashier (DOT 211.462-010, light, SVP 2), each of which requires standing and walking for most of the workday. At step five she is closely approaching advanced age, a high school graduate without recent training for direct entry into skilled work, with semi-skilled past work. Her skills, acquired in direct patient care and performed physically, do not transfer to sedentary work within the meaning of 20 CFR 404.1568(d) and SSR 82-41: the sedentary occupations to which a vocational expert might point use different tools, processes and settings, and what the claimant carries over is aptitude rather than skill. Medical-Vocational Rule 201.14 therefore applies, under which she is disabled. In the alternative, the sit/stand option, the limitation to occasional fingering, the additional breaks and the mental limitations significantly erode the sedentary occupational base under SSR 96-9p, and time off task of fifteen to twenty percent exceeds what employers tolerate; no significant number of jobs remains.
VIII. Consistency of the claimant's statements
Three items in the record might be read as inconsistent with the claimant's statements, and each is answered by the record itself. An emergency-department triage note of November 2024 records that she cooked nightly for her children; imaging documents that her disc disease progressed materially after that date, and she has described the attempt in February 2025 that ended her cooking. A physical-therapy discharge note of April 2025 records improved gait; her primary physician observed gait abnormality on examination thirteen months later. A four-month lapse in psychiatric treatment in 2025 is explained in her psychiatrist's own records by an unaffordable copay, and her findings on resumption were unchanged. Her activities, as she has described them in detail, are performed with limitation and assistance and are consistent with the capacity set out above.
IX. Requested finding
The claimant respectfully requests a fully favorable decision finding her disabled since June 12, 2024.
Respectfully submitted,
______________________________
James Stafford, Esq.
Representative for the Claimant