Abdullah Amir v. Comm. of Social Security

705 F. App'x 443
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 13, 2017
Docket17-1134
StatusUnpublished
Cited by14 cases

This text of 705 F. App'x 443 (Abdullah Amir v. Comm. of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abdullah Amir v. Comm. of Social Security, 705 F. App'x 443 (6th Cir. 2017).

Opinion

DAMON J. KEITH, Circuit Judge.

This matter arises from Appellant Ab-dullah Shrif .Amir’s (“Amir”) application for Social Security Disability Insurance benefits and Supplemental Security Income, which was denied by the Commissioner of Social Security (“Commissioner”) through a decision issued by an Administrative Law Judge (“ALJ”). Amir then appealed the Commissioner’s decision to the United States District Court of the Eastern District of Michigan, which subsequently upheld the Commissioner’s ruling. Amir now appeals the district court’s decision, contending that the ALJ’s reasons for denying his claims were not based on substantial evidence. We disagree and affirm.

I. BACKGROUND

Amir was born on May 14, 1964, and was 47 years old on his purported onset date. (R. 13-6, Tr. 164, Pg. ID 203). He was 49 years old at the time of the ALJ’s decision. (Id,) His primary language is Arabic. (R. 13-6, Tr. 165, Pg. ID. 204). Amir came to the United States as a teenager and has a tenth-grade education; he completed one year of school in this country. (R. 13-2, Tr. 37, Pg. ID 72; R. 13-9, Tr. 409, Pg. ID 451).

On April 3, 2012, Amir filed applications for disability insurance benefits and supplemental security income, contending that he had been disabled since February 22, 2012. (R. 13-5, Tr. 132-41, Pg. ID 170-79). After his applications were denied, Amir requested a hearing before an ALJ. (R. 13-4, Tr. 78-86, 88; Pg. ID 115-23, 125). Subsequently, on February 6, 2014, the ALJ found that Amir was not disabled within the meaning of the Social Security Act under the five-step analysis found at 20 C.F.R. §§ 404.1520 and 416.920. (R. 13-2, Tr. 15-25, Pg. ID 50-60).

The ALJ first determined that Amir had not performed substantial gainful activity during the relevant period. (R. 13-2, Tr. 17, Pg. ID 52). Second, the ALJ found that Amir had several impairments, namely, arthritis of the feet, bilateral pes planus, degenerative disc -disease of the cervical spine, and' lumbago. (Id.) However, the ALJ concluded that these impairments did not meet the severity of any impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. (R.13-2, Tr. 17-18, Pg..ID 52-53).

The ALJ also found that Amir retained the residual functional capacity (“RFC”) to perform a limited range of light work. (R. 13-2, Tr. 18, Pg. ID 53). The ALJ specifically found that Amir required the option to alternate between standing and sitting every 30 minutes; he could never pull, push, or operate foot controls with either foot; he could never reach overhead with his left extremity, but he could frequently handle objects and reach in all other directions with that extremity; he could frequently balance; he could never climb ladders, ropes, or scaffolds; and he could occasionally climb stairs and ramps, stoop, kneel, and crouch. (Id.) Lastly, the ALJ found that Amir was not disabled because he could still perform other jobs existing in significant numbers in the national economy, even though Amir could not perform his past work given his RFC. (R. 13-2, Tr. 23-24, Pg. ID 58-59). The ALJ’s decision became the final decision of the Commissioner on May -19, 2015, when the Appeals Council denied Amir’s request for review. (R, 13-2, Tr. 1-5, Pg. ID 36-40).

Amir subsequently sought review of the ALJ’s decision by filing a complaint in the United States District Court for the Eastern District of Michigan on July 14, 2015. (R. 1, Complaint, Pg. ID 1-4). A magistrate judge issued a report and recommendation that the Commissioner’s decision be affirmed on June 28, 2016. (R. 22, Report & Recommendation, Pg. ID 783-816). The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. ID 807-15); (2) the ALJ’s assessment of Amir’s subjective complaints were supported by substantial evidence (id., Pg. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. §§ 404.1520 and 416.920, the ALJ appropriately relied on the testimony of a vocational expert and was not required to conclude that Amir was automatically disabled under a rule pertaining to Amir’s proficiency in the English language (id. Pg. ID 793-97).

Amir objected to each of the magistrate judge’s recommended findings on July 11, 2016. (R. 23, R&R Objection, Pg. ID 817-34). On December 6, 2016, the district court issued an opinion and judgment adopting the magistrate judge’s report and recommendation, denying Amir’s objections, and affirming the ALJ’s decision. (R. 26, District Court Opinion, Pg. ID 854-77; R, 27, Judgment, Pg. ID 878). This timely appeal followed.

II. DISCUSSION

A. Standard of Review

We review a district court’s conclusion in social security cases de novo. Valley v. Comm’r of Soc. Sec., 427 F.3d 388, 390 (6th Cir. 2005) (citing Crum v. Sullivan, 921 F.2d 642, 644 (6th Cir. 1990)). “However, we review the underlying findings of the ALJ to determine whether they are supported by substantial evidence.” Valley, 427 F.3d at 390-91 (citing 42 U.S.C. § 405(g); Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 528 (6th Cir. 1997)). “A decision is supported by substantial evidence where a reasonable mind could find that the evidence is adequate to support the conclusion reached.” Valley, 427 F.3d at 391 (citing Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)).

Amir qualifies for disability benefits and supplemental social security income under the Social Security Act if he is disabled. 42 U.S.C. §§ 423(a)(1)(E), 1382(a)(1). A disabled person, under the Social Security Act, is someone who is “[unable] to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which 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 twelve months.” Id. §§ 423(d)(1)(A), 1382c(a)(3)(A).

ALJs evaluate disability claims using a five-step sequence. Rabbers v. Comm’r of Soc. Sec., 582 F.3d 647, 652 (6th Cir. 2009) (citing 20 C.F.R. § 404

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705 F. App'x 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abdullah-amir-v-comm-of-social-security-ca6-2017.