Adams v. Colvin

202 F. Supp. 3d 644, 2016 WL 4249514, 2016 U.S. Dist. LEXIS 105409
CourtDistrict Court, W.D. Texas
DecidedAugust 10, 2016
DocketCAUSE NO.: A-15-CA-00893-SS
StatusPublished
Cited by3 cases

This text of 202 F. Supp. 3d 644 (Adams v. Colvin) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Colvin, 202 F. Supp. 3d 644, 2016 WL 4249514, 2016 U.S. Dist. LEXIS 105409 (W.D. Tex. 2016).

Opinion

ORDER

SAM SPARKS, UNITED STATES DISTRICT JUDGE

BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Plaintiff Linda Adams’ Brief on Review of the Denial of Benefits by the Commissioner of Social Security [#14], Defendant Carolyn Colvin, Acting Commissioner of the Social Security Administration’s Brief in Support of Commissioner’s Decision [#15], Adams’ Reply Brief [#16], the Report and Recommendation of United States Magistrate Judge Andrew Austin [-#17], and the Social Security Transcript (Tr.) [#12], Having considered the documents, the file as a [647]*647whole, and the governing law, the.Court now enters the following opinion and orders, ACCEPTING the Report and Recommendation and REVERSING the decision of the Commissioner.

All matters in this case were referred to United States Magistrate Judge Andrew Austin for report and recommendation pursuant to 28 U.S.C. § 636(b) and Rule 1(f) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrate Judges. Adams is entitled to de novo review of the portions of the Magistrate Judge’s report to which she filed specific objections. 28 U.S.C. § 636(b)(1). All other review is for plain error. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir.1996) (en banc). Although Adams did not file any objections, this Court has reviewed the entire file de novo, and agrees with the Magistrate Judge’s recommendation.

Background

This is an appeal from a denial of social security disability benefits. On February 24, 2013, Plaintiff Linda Adams filed her application for Supplemental Security Income (SSI) benefits. Tr. 93-94. In her application, Adams claimed she has been disabled since February 1, 2007, due to eye problems, carpal tunnel syndrome, a head injury, high blood pressure, a shoulder injury, depression, anxiety, and post-traumatic stress disorder (PTSD). Tr. 252. The Commissioner denied Adams’ initial application and request for reconsideration. Tr. 28. At Adams’ request, a hearing on the benefits denial was held before Administrative Law Judge (ALJ) Mark Swayze on April 8, 2014. Tr. 28. Adams and her attorney, John Heard, attended the administrative hearing. Tr. 28. On May 2, 2014, the ALJ issued a decision finding Adams was not disabled under the Social Security Act. Tr. 37. The Appeals Council denied Adams’ request for review on September 4, 2014. Tr. 9-14. Adams has exhausted her administrative remedies and now seeks judicial review of the ALJ’s decision pursuant to 42 U.S.C. § 405(g).

Analysis

I. Legal Standard

Judicial review of the ALJ’s decision is limited. Specifically, this Court reviews: (1) whether the ALJ’s decision was supported by substantial evidence, and (2) if so, whether the ALJ made any errors of law in evaluating the evidence. Austin v. Shalala, 994 F.2d 1170, 1174 (5th Cir. 1993).

Proeedurally, the administrative process need not have been perfect, and this Court “will not vacate a judgment unless the substantial rights of a party have been affected.” Mays v. Bowen, 837 F.2d 1362, 1364 (5th Cir.1988). Procedural errors are therefore a basis for remand only if they “would cast into doubt the existence of substantial evidence to support the ALJ’s decision.” Morris v. Bowen, 864 F.2d 333, 334 (5th Cir.1988).

“Substantial evidence is evidence that a reasonable mind would accept as adequate to support the decision.” Id. In making these determinations, the Court must “carefully scrutinize the record” to determine if there is substantial evidence to support the ALJ’s conclusions, but the Court can neither reweigh the evidence nor substitute its judgment for that of the ALJ. Hollis v. Bowen, 837 F.2d 1378, 1383 (5th Cir.1988). If the Court finds substantial evidence to support the ALJ’s decision, the Court must uphold the decision. See Selders v. Sullivan, 914 F.2d 614, 617 (5th Cir.1990). The Court considers four elements of proof when determining whether there is substantial evidence of a disability: (1) objective medical facts, (2) diagnoses [648]*648and opinions of treating and examining physicians, (3) the claimant’s subjective evidence of pain and disability, and (4) the claimant’s age, education, and work history. Martinez v. Chater, 64 F.3d 172, 173 (5th Cir.1995).

The Social Security Act defines “disability” as an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). To determine if a claimant is able to engage in “substantial gainful activity” (and therefore is not disabled), the Commissioner follows a five-step process:

1. The hearing officer must first ascertain whether the claimant is engaged in substantial gainful activity. A claimant who is working is not disabled regardless of the medical findings,
2. The hearing officer must then determine whether the claimed impairment is “severe.” A “severe impairment” must significantly limit the claimant’s physical or mental ability to do basic work activities. This determination must be made solely on the basis of the medical evidence.
3. The hearing officer must then determine if the impairment equals or exceeds in severity certain impairments described in Appendix 1 of the regulations. This determination is made using only medical evidence.
4. If the claimant has a “severe impairment” covered by the regulations, the hearing officer must determine whether the claimant can perform his past work despite any limitations.
5. If the claimant does not have the residual functional capacity (RFC) to perform past work, the hearing officer must decide whether the claimant can perform any other gainful and substantial work in the economy. This determination is made on the basis of the claimant’s age, education, work experience, and residual functional capacity.

See Bowling v. Shalala,

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202 F. Supp. 3d 644, 2016 WL 4249514, 2016 U.S. Dist. LEXIS 105409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-colvin-txwd-2016.