Ashford v. Barnhart

347 F. Supp. 2d 1189, 2004 U.S. Dist. LEXIS 25485, 2004 WL 2823146
CourtDistrict Court, M.D. Alabama
DecidedOctober 5, 2004
Docket1:03-cv-00510
StatusPublished
Cited by2 cases

This text of 347 F. Supp. 2d 1189 (Ashford v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashford v. Barnhart, 347 F. Supp. 2d 1189, 2004 U.S. Dist. LEXIS 25485, 2004 WL 2823146 (M.D. Ala. 2004).

Opinion

MEMORANDUM OPINION

McPHERSON, United States Magistrate Judge.

Claimant Sharon Ashford [“Ashford”] has filed this action seeking review of a final decision by the Commissioner (Doc. # 1) pursuant to §§ 405(g) of the Social Security Act (Doc. # 21, p. 1). Upon review of the record and the briefs submitted by the parties, the court finds that the decision of the Commissioner should be REVERSED and REMANDED for the reasons set forth herein.

I. PROCEDURAL BACKGROUND AND FACTS

Ashford initially petitioned for supplemental security income under Title II and Title XVI of the Social Security Act on 20 February 1991 (R. 18). She was granted disability due to a “history of schizoaffec-tive disorder and essential hypertension” (R. 18). Her disability status was re-evaluated (R. 86), and a hearing officer determined that she was no longer disabled on 13 September 1999 (R. 94). She appealed the decision and requested a hearing before an Administrative Law Judge [“ALJ”](R. 18).

The hearing was conducted on 6 December 2000 in Dothan, Alabama (R. 18). Although advised of her right to representation, she elected to proceed pro se (R.82). The ALJ issued an adverse decision on 31 January 2001 (R. 18-27). The Appeals Council denied her petition for review, rendering the ALJ’s decision the Commissioner’s final determination (R. 5-7). This lawsuit followed on 13 May 2003 (Complaint, Doc. # 1).

By Ashford’s own account, she is no longer able to work because of her “nervous condition” (R. 111). It keeps her from working because she had a “nervous breakdown — hit a man with scissors at work — could not control [her]self. [She] stayed hyper all the time [and] needs medicine to keep calm” (Id). Ashford last worked on 10 September 1990 (R. 77). She had to stop working, because “the doctor stop[ped] me from work on the count of my bipolar disorder because of the medicine I take” (R. 130).

Ashford was born on 22 September 1959 and, she was 41 years of age at the time of her most recent hearing (R. 77). She has a high school education and has been employed in varied labor positions between 1983 and 1990 (R. 115). For example, she has worked in a fast food restaurant, making sandwiches; in a manufacturing company’s shipping department, packing pajamas; and in a chicken factory, skinning *1191 and grading chicken thighs (Id). She was not required to use machines, tools, and equipment, use technical knowledge and skills, or supervise others in any of these positions (Id). In addition to her education and work experience, she also received specialized vocational training in cosmetology and printing (Id).

II. STANDARD OF REVIEW

The standard of review of the Commissioner’s decision is a limited one. Reviewing courts “may not decide the facts anew, reweigh the evidence, or substitute our judgment for that of the [Commissioner].” Miles v. Chater, 84 F.3d 1397, 1400 (11th Cir.1996) (citing Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983)). Rather, the court must find the Commissioner’s factual findings conclusive if they are supported by substantial evidence. 1 Graham v. Apfel, 129 F.3d 1420, 1422 (11th Cir.1997). “There is no presumption, however, that the Commissioner followed the appropriate legal standards in deciding a claim for benefits or that the legal conclusions reached were valid.” Miles v. Chafer, 84 F.3d at 1400 (citations omitted).

III. DISCUSSION

A. Standard for Determining Disability

An individual who files an application for Social Security disability benefits must prove that he is disabled. See 20 C.F.R. § 416.912 (1999). The Act defines “disability” as the “inability 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 12 months.” 42 U.S.C. § 423(d)(1)(A).

The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven that he is disabled. See 20 C.F.R. § 416.920 (1999). The ALJ must evaluate the claimant’s case using this sequential evaluation process, Ambers v. Heckler, 736 F.2d 1467, 1469 (11th Cir.1984); Williams v. Barnhart, 186 F.Supp.2d 1192, 1195 (M.D.Ala.2002). The steps are as follows:

1. If the claimant is working or engaging in substantial gainful activity, he is not disabled. However, if the claimant is not working or engaging in substantial gainful activity, the Court must consider whether the claimant has a severe impairment.
2. If the claimant does not have a severe impairment, he is not disabled. A severe impairment is defined as a condition that precludes one from performing basic work-related activities. If the claimant has a severe impairment, the Court must then consider whether the impairment has lasted or is expected to last for more than twelve (12) months.
3. If a claimant’s impairment has lasted or is expected to last for a continuous period of twelve (12) months or more and it is either included on or equivalent to an item in a list of severe impairments, as found in Appendix I of the regulations, the claimant is disabled. If neither of the above conditions, when considered in association with the continuity requisite of twelve (12) months, is *1192 deemed true, the ALJ must go on to step 4 of the evaluation sequence.
4. If it is determined that the claimant can return to previous employment, considering his residual functional capacity [“RFC”] and the physical and mental demands of the work that he has done in the past, the claimant will not be considered disabled. If it is determined that the claimant cannot return to previous employment, the SSA must continue to step 5 in the sequential evaluation process.
5. If, upon considering the claimant’s RFC, age, education, and past work experience, the SSA determines that the impairments determined do not preclude the claimant from performing a significant number of jobs that are available in the national economy, the claimant will not be considered disabled within the meaning of the Social Security Act.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
347 F. Supp. 2d 1189, 2004 U.S. Dist. LEXIS 25485, 2004 WL 2823146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashford-v-barnhart-almd-2004.