Bisceglia v. Colvin

173 F. Supp. 3d 326, 2016 U.S. Dist. LEXIS 39722, 2016 WL 1248860
CourtDistrict Court, E.D. Virginia
DecidedMarch 25, 2016
DocketCIVIL NO. 3:15cv83 (JRS)
StatusPublished
Cited by10 cases

This text of 173 F. Supp. 3d 326 (Bisceglia v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bisceglia v. Colvin, 173 F. Supp. 3d 326, 2016 U.S. Dist. LEXIS 39722, 2016 WL 1248860 (E.D. Va. 2016).

Opinion

FINAL ORDER

James R. Spencer, Senior United States District Judge

Having reviewed the REPORT AND RECOMMENDATION of the Magistrate Judge entered herein on February 19, 2016 (ECF No. 21), Defendant’s OBJECTIONS TO, THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (ECF No. 22), Plaintiffs REPLY, TO DEFENDANT’S OBJECTIONS (ECF No. 23), and having considered the record and the REPORT AND RECOMMENDATION and finding no error therein, it is hereby ORDERED that:

(1) The Report and Recommendation (ECF No. 21) is ADOPTED as the opinion of this Court.
(2) Plaintiffs Motion for Summary Judgment (ECF -No. 12) is GRANTED.
(3) Defendant’s Motion for Summary Judgment (ECF No. 14) is DENIED.
(4) The final decision of the Commissioner is VACATED and REMANDED.

Let the Clerk of the Court send a copy of this Order to Plaintiff and all counsel of record.

It is so ORDERED.

REPORT AND RECOMMENDATION

David J. Novak, United States Magistrate Judge

On December 5, 2011, Gina Marie Bis-ceglia (“Plaintiff’) applied for Social Security Disability Benefits (“DIB”) and, on December 29, 2011, for Supplemental Security Income. (“SSI”) under' the Social Security Act (“Act”), alleging disability from fractured ribs, cataracts, pancreatitis, [328]*328knee problems, hepatitis C, cirrhosis of the liver, feet problems, enlarged liver/spleen, breast cancer and anemia, with an alleged onset date of March 15, 2010. The Social Security Administration (“SSA”) denied Plaintiffs claims both initially and upon reconsideration. Thereafter, an Administrative Law Judge (“ALJ”) denied Plaintiffs claims in a written decision and the Appeals Council denied Plaintiffs request for review,- rendering the ALJ’s decision the final decision of the Commissioner.

Plaintiff now seeks judicial review of the ALJ’s decision pursuant to 42 U.S.C. § 405(g), arguing that the ALJ erred, because the ALJ’s residual functional capacity (“RFC”) findings contradict the SSA’s policies and regulations, or in the alternative, because he violated the SSA’s Program Operations Manual System (“POMS”) DI 25025.015(D). (Pl.’s Br. in Supp. of Pl.’s Mot. lor Summ. J. (“PL’s Mem.”) (ECF No. 13) at 2-7.) This matter now comes before the Court for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) on the parties’ cross-motions for summary judgment, rendering the matter now ripe for review.1 For the reasons that follow, the Court recommends that Plaintiffs Motion for Summary Judgment (ECF No. 12) be GRANTED, that Defendant’s Motion for Summary Judgment (ECF No. 14) be DENIED'and that the final decision of the Commissioner be VACATED and REMANDED.

I. PROCEDURAL HISTORY

On December 5, 2011, Plaintiff filed an application for DIB, ¿nd on December 29, 2011, Plaintiff filed an application for SSI, with an alleged onset date of March 15, 2010. (R. at-218, 236.) The SSA-denied these claims initially on March 12, 2012, and upon reconsideration on October 10, 2012. (R. at 142,153.) At Plaintiffs written request, the ALJ held-a-hearing on April 3, 2014. - (R. at 57,156.) On June 27, 2014, the ALJ issued a written opinion, denying Plaintiffs claims and concluding that Plaintiff did not .qualify as disabled under the Act, because jobs existed in significant numbers' in the national economy that Plaintiff could perform. (R. at 22-35.) On December 15, 2014, the Appeals Council denied Plaintiffs request for review, rendering the ALJ’s decision the final decision of the Commissioner subject to review by this Court. (R. at 1.) On February 11, 2015, Plaintiff sought judicial review of the Commissioner’s decision. At Plaintiffs request, this Court heard oral argument on December 7, 2015. (Tr. of Dec. 7,2015, Hr’g. (“Tr.”) at 1,4.)

II. STANDARD OF REVIEW

In reviewing the Commissioner’s decision to deny benefits, the Court “will affirm the Social’ Security Administration’s disability determination ‘when an ALJ has applied correct legal standards and the ALJ’s factual findings are supported by substantial evidence.’ ” Mascio v. Colvin, 780 F.3d 632, 634 (4th Cir.2015) (quoting Bird v. Comm’r of Soc. Sec. Admin., 699 F.3d 337, 340 (4th Cir.2012)). Substantial evidence requires more than a scintilla but less than a preponderance, and includes the kind of relevant evidence that a reasonable mind could accept as adequate to support a conclusion. Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir.2012); Craig v. Chafer, 76 F.3d 585, 589 (4th Cir.1996). [329]*329To determine whether substantial evidence exists, the Court must examine the record as a whole, but may not “undertake to reweigh conflicting evidence, make credibility determinations, or substitute [its] judgment for that of the [ALJ].” Hancock, 667 F.3d at 472 (quoting Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir.2005)). In considering the decision of the Commissioner based on the record as á whole, the Court must “take into account whatever in the record fairly detracts from its weight.” Breeden v. Weinberger, 493 F.2d 1002, 1007 (4th Cir.1974) (quoting Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951)). The Commissioner’s findings as to any fact, if substantial evidence in the record supports the findings, bind the reviewing court to affirm regardless of whether .the court disagrees with such findings. Hancock, 667 F.3d at 476. If substantial evidence in the record does not support the ALJ’s determination or if. the ALJ has made an error of law, the court must reverse the decision, Coffman v. Bowen, 829 F.2d 514, 517 (4th Cir.1987).

The SSA regulations set forth a five-step process that the agency employs to determine whether a disability exists. 20 C.F.R. .§ 416.920(a)(4); see Mascio, 780 F.3d at 634-35 (summarizing the ALJ’s five-step sequential evaluation). To summarize, at step one, the ALJ looks at the claimant’s current work activity. 20 C.F.R. § 416.920(a)(4)(i). At step two, the ALJ asks whether the claimant’s medical impairments meet the regulations’ severity and duration requirements. 20 C.F.R, § 416.920(a)(4)(h). Step three requires the ALJ to determine whether the medical impairments meet or equal an impairment listed in the regulations.

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Bluebook (online)
173 F. Supp. 3d 326, 2016 U.S. Dist. LEXIS 39722, 2016 WL 1248860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bisceglia-v-colvin-vaed-2016.