Batchelor v. Colvin

962 F. Supp. 2d 864, 2013 WL 1810599, 2013 U.S. Dist. LEXIS 60373
CourtDistrict Court, E.D. North Carolina
DecidedApril 29, 2013
DocketNo. 5:11-CV-533-FL
StatusPublished
Cited by5 cases

This text of 962 F. Supp. 2d 864 (Batchelor v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Batchelor v. Colvin, 962 F. Supp. 2d 864, 2013 WL 1810599, 2013 U.S. Dist. LEXIS 60373 (E.D.N.C. 2013).

Opinion

ORDER

LOUISE W. FLANAGAN, District Judge.

This matter comes before the court on the parties’ cross motions for judgment on the pleadings (DE 21, 24).1 Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Mágistrate Judge William A. Webb entered a memorandum and recommendation (“M & R”) (DE 26) wherein he recommends that the court deny plaintiffs motion, grant defendant’s motion, and uphold the final decision of the Commissioner of Social Security (“Commissioner”). Plaintiff timely filed objection to the M & R, and issues [866]*866raised are ripe for ruling. For the reasons that follow, the court sustains plaintiffs objection and declines to adopt the M & R in full.

BACKGROUND

On May 15, 2008, plaintiff filed an application for disability insurance benefits and supplemental security income, alleging a disability onset date of December 31, 2006. A hearing was held before an Administrative Law Judge (“ALJ”), who determined that plaintiff was not disabled in a decision dated March 24, 2010. The Appeals Council denied plaintiffs request for review on August 9, 2011. Plaintiff filed his complaint in this court on October 4, 2011, seeking review of the final administrative decision.

A detailed summary of the procedural and factual history of the case is found in the M & R. See M & R 3-10. Where plaintiff does not object to this portion of the M & R, the factual history of the case as set forth in the M & R is incorporated here by reference.

DISCUSSION

A. Standard of Review

The court has jurisdiction under 42 U.S.C. § 405(g) to review the Commissioner’s final decision denying benefits. The court must uphold the factual findings of the ALJ “if they are supported by substantial evidence and were reached through application of the correct legal standard.” Craig v. Chater, 76 F.3d 585, 589 (4th Cir.1996). “Substantial evidence is ... such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quotations omitted). The standard is met by “more than a mere scintilla of evidence but ... less than a preponderance.” Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966).

To assist it in its review of the Commissioner’s denial of benefits, the court may “designate a magistrate judge to conduct hearings ... and to submit ... proposed findings of fact and recommendations for the disposition [of the motions for judgment on the pleadings].” See 28 U.S.C. § 636(b)(1)(B). The parties may object to the magistrate judge’s findings and recommendations, and the court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. § 636(b)(1)(C). Absent a specific and timely filed objection, the court reviews only for “clear error,” and need not give any explanation for adopting the M & R. Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir.2005); Camby v. Davis, 718 F.2d 198, 200 (4th Cir.1983). Upon careful review of the record, “the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C).

The ALJ’s determination of eligibility for Social Security benefits involves a five-step sequential evaluation process, which asks whether:

(1) the claimant is engaged in substantial gainful activity; (2) the claimant has a medical impairment (or combination of impairments) that are severe; (3) the claimant’s medical impairment meets or exceeds the severity of one of the impairments listed in [the regulations]; (4) the claimant can perform her past relevant work; and (5) the claimant can perform other specified types of work.

Johnson v. Barnhart, 434 F.3d 650, 654 n. 1 (4th Cir.2005) (citing 20 C.F.R. § 404.1520). The burden of proof is on the claimant during the first four steps of the inquiry but shifts to the Commissioner at [867]*867the fifth step. Pass v. Chater, 65 F.3d 1200, 1203 (4th Cir.1995).

In the instant matter, the ALJ performed the sequential evaluation. At step one, the ALJ found that plaintiff had not engaged in substantial gainful activity since December 31, 2006. The ALJ then found at step two that plaintiff had the following severe impairments: depression/bipolar disorder, substance dependence, degenerative disc disease, and obesity. However, at step three the ALJ further determined that these impairments were not sufficiently severe to meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1.

Prior to proceeding to step four, the ALJ assessed plaintiffs residual functional capacity (“RFC”) and found that plaintiff had the ability to perform a limited range of light work. At step four, the ALJ found that plaintiff was unable to perform any past relevant work. However, at step five, upon considering plaintiffs age, education, work experience, and RFC, as well as testimony of a Vocational Expert (“VE”), the ALJ concluded that, if plaintiff ceased his substance abuse, jobs exist in significant numbers in the national economy that plaintiff could perform. The ALJ therefore concluded that plaintiff had not been under a disability, as defined in the Social Security Act, from December 31, 2006.

B. Analysis

Plaintiff raises a single objection to the M & R, arguing that the ALJ’s failure to discuss a finding by the North Carolina Department of Health and Human Services (“NCDHHS”) was not harmless error, but rather requires remand. While the Social Security regulations provide that decisions by other governmental agencies regarding a person’s disability are not binding on the Commissioner, 20 C.F.R. § 404.1504

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Cite This Page — Counsel Stack

Bluebook (online)
962 F. Supp. 2d 864, 2013 WL 1810599, 2013 U.S. Dist. LEXIS 60373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batchelor-v-colvin-nced-2013.