Berry v. Colvin

74 F. Supp. 3d 994, 2015 U.S. Dist. LEXIS 21784, 2015 WL 772196
District Court, N.D. Iowa·Decided February 24, 2015·No. No. C14-3025-LTS·Published·Cited by 2 cases

Opinion

MEMORANDUM! OPINION AND ORDER

LEONARD T. STRAND, United States Magistrate Judge.

Plaintiff Jody Jolene Berry seeks judicial review of a final decision of the Commissioner of Social Security (the Commissioner) denying her application for Social Security Disability benefits (DIB) under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. (Act). Berry contends that the administrative record (AR) does not contain substantial evidence, to support the Commissioner’s decision that she was not disabled during the relevant period. For the reasons that follow, the Commissioner’s decision will be- affirmed.

J. BACKGROUND

Berry was born in 1966, has a high school education and has past work as a cashier and sales clerk. AR 21-22. She filed an application for DIB on March 24, 2011, alleging a disability onset date of April 15, 2009. AR 10, 127-29. She alleged disability due to chronic neck and back.pain, major depression, anxiety and post-traumatic stress disorder. AR 129. [997] Her claims were denied initially and on reconsideration. AR 10, 51-54, 6265. Berry then requested a hearing before an Administrative Law Judge (ALJ), which was held on February 12, 2013, before ALJ Thomas M. Donahue. AR 8, 30-47. During the hearing, Berry and a vocational expert (VE) testified. AR 30-47. On March 29, 2013, the ALJ issued a decision denying Berry’s claim. AR 10-23. Berry sought review by the Appeals Council, which denied review on March 7, 2014. AR 1-5. The ALJ’s decision thus became the final decision of the Commissioner. AR 1; 20 C.F.R. § 404.981.

On May 5, 2014, Berry filed a complaint (Doc. No. 3) in this court seeking review of the Commissioner’s decision. On June 18, 2014, with the parties’ consent (Doc. No. 7), the Honorable Mark W. Bennett transferred this case to me for final disposition and entry of judgment. The parties have briefed the issues and the matter is now fully submitted and ready for decision.

II. DISABILITY DETERMINATIONS AND THE BURDEN OF PROOF

A disability is defined 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 twelve months.” 42 U.S.C. § 423(d)(1)(A); accord 20 C.F.R. § 404.1505. A claimant has a disability when the claimant is “not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists ... in significant numbers either in the region where such individual lives or in several regions of the country.” 42 U.S.C. § 423(d)(2)(A).

To determine whether a claimant has a disability within the meaning of the Act, the Commissioner follows a five-step sequential evaluation process outlined in the regulations. 20 C.F.R. § 404.1520; see Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir.2007). First, the Commissioner will consider a claimant’s work activity. If the claimant is engaged in substantial gainful activity, then the claimant is not disabled. 20 C.F.R. § 404.1520(a)(4)(i).

Second, if the claimant is not engaged in substantial gainful activity, the Commissioner looks to see “whether the claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to perform basic work activities.” Dixon v. Barnhart, 353 F.3d 602, 605 (8th Cir.2003). “An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant’s physical or mental ability to do basic work activities.” Kirby, 500 F.3d at 707; see 20 C.F.R. §§ 404.1520(c), 404.1521(a).

The ability to do basic work activities is defined as “the abilities and aptitudes necessary to do most jobs.” 20 C.F.R. § 404.1521(b). These abilities and ■ aptitudes include (1) physical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling; (2) capacities for seeing, hearing, and speaking; (3) understanding, carrying out, and remembering simple instructions; (4) use of judgment; (5) responding appropriately to supervision, coworkers, and usual work situations; and (6) dealing with changes in a routine work setting. Id. § 404.1521(b)(1)-(6); see also Bowen v. Yuckert, 482 U.S. 137, 141, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). “The sequential evaluation process may be terminated at step two only when the claimant’s impairment or combination of impairments would have no more than a minimal impact on her ability to work.” Page v. Astrue, 484 F.3d [998]*9981040, 1043 (8th Cir.2007) (internal quotation marks omitted).

Third, if the claimant has a severe impairment, then the Commissioner will consider the medical severity of the impairment. If the impairment meets or equals one of the presumptively disabling impairments listed in the regulations, then the claimant is considered disabled, regardless of age, education, and work experience. 20 C.F.R. §§ 404.1520(a)(4)(iii), 404.1520(d); see also Kelley v. Callahan, 133 F.3d 583, 588 (8th Cir.1998).

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Berry v. Colvin, 74 F. Supp. 3d 994, 2015 U.S. Dist. LEXIS 21784, 2015 WL 772196 (N.D. Iowa 2015).

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