Boyle v. Commissioner of Social Security

CourtDistrict Court, M.D. Florida
DecidedMarch 6, 2023
Docket6:21-cv-01865
StatusUnknown

This text of Boyle v. Commissioner of Social Security (Boyle v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyle v. Commissioner of Social Security, (M.D. Fla. 2023).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

TARA BOYLE,

Plaintiff,

v. Case No: 6:21-cv-1865-LHP

COMMISSIONER OF SOCIAL SECURITY,

Defendant

MEMORANDUM OF DECISION1 Tara Boyle (“Claimant”) appeals the final decision of the Commissioner of Social Security (the “Commissioner”) denying her application for disability insurance benefits. Doc. No. 1. Claimant raises two arguments challenging the Commissioner’s final decision, and, based on those arguments, requests that the matter be reversed and remanded for further administrative proceedings. Doc. Nos. 20, 22. The Commissioner asserts that the decision of the Administrative Law Judge (“ALJ”) is supported by substantial evidence and that the final decision of the Commissioner should be affirmed. Doc. No. 21. For the reasons stated herein, the

1 The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. See Doc. Nos. 14, 18–19. Commissioner’s final decision is REVERSED and REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

I. PROCEDURAL HISTORY. On August 13, 2019,2 Claimant filed an application for disability insurance benefits, alleging a disability onset date of May 31, 2019. R. 10, 98, 206–07.

Claimant’s application was denied initially and again upon reconsideration, and she requested a hearing before an ALJ. R. 140–42, 149–61, 164–65. A hearing was held before the ALJ on December 10, 2020. R. 63–97. Claimant, who was represented by counsel at the hearing, and a vocational expert (“VE”) testified at

the hearing. Id. After the hearing, the ALJ issued an unfavorable decision finding that Claimant was not disabled. R. 10–27. Claimant sought review of the ALJ’s

decision by the Appeals Council. R. 204–05, 417–20. On September 8, 2021, the Appeals Council denied the request for review. R. 1–6. Claimant now seeks review of the final decision of the Commissioner by this Court. Doc. No. 1.

2 The “Application Summary for Disability Insurance Benefits” states that Claimant applied for benefits on August 16, 2019, but according to the ALJ’s decision and a “Disability Determination and Transmittal,” Claimant filed the application on August 13, 2019. Compare R. 10, 98, with R. 206. For consistency, and because the application date is not dispositive of this appeal (as under either date the same set of regulations apply), the Court utilizes the application date stated by the ALJ: August 13, 2019. II. THE ALJ’S DECISION.3 After careful consideration of the entire record, the ALJ performed the five-

step evaluation process as set forth in 20 C.F.R. § 404.1520(a). R. 10–27.4 The ALJ first found that Claimant meets the insured status requirements of the Social Security Act through December 31, 2024. R. 12. The ALJ also concluded that

Claimant had not engaged in substantial gainful activity since May 31, 2019, the alleged disability onset date. Id. The ALJ found that Claimant suffered from the following severe impairments: lumbar and cervical degenerative disc disease, fibromyalgia, headaches, depression, anxiety disorder, and ADHD. R. 12–13.5

3 Upon a review of the record, counsel for the parties have adequately stated the pertinent facts of record. Doc. Nos. 20–22. Accordingly, the Court adopts those facts as stated by the parties by reference without restating them in entirety herein.

4 An individual claiming Social Security disability benefits must prove that he or she is disabled. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005) (citing Jones v. Apfel, 190 F.3d 1224, 1228 (11th Cir. 1999)). “The Social Security Regulations outline a five-step, sequential evaluation process used to determine whether a claimant is disabled: (1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe impairment or combination of impairments; (3) whether the impairment meets or equals the severity of the specified impairments in the Listing of Impairments; (4) based on a residual functional capacity (‘RFC’) assessment, whether the claimant can perform any of his or her past relevant work despite the impairment; and (5) whether there are significant numbers of jobs in the national economy that the claimant can perform given the claimant’s RFC, age, education, and work experience.” Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011) (citing Phillips v. Barnhart, 357 F.3d 1232, 1237 (11th Cir. 2004); 20 C.F.R. §§ 404.1520(a)(i)–(v), 416.920(a)(i)–(v)).

5 The ALJ also concluded that Claimant’s conditions of hypothyroidism, obesity, and seizures were not severe impairments. R. 13. But the ALJ concluded that Claimant did not have an impairment or combination of impairments that met or equaled a listed impairment in 20 C.F.R. Part 404,

Subpart P, Appendix 1. R. 13–15. Based on a review of the record, the ALJ found that Claimant had the residual functional capacity (“RFC”) to perform less than a full range of sedentary work,6

except: occasionally stoop, kneel, crouch or crawl; can never climb ladders, ropes or scaffolds; occasionally climb ramps and stairs; should avoid exposure to hazards such as height and machinery moving parts; can frequently reach including overhead with the upper extremities; no production pace work; only occasional changes in a routine work setting.

R. 15. After considering the record evidence, Claimant’s RFC, and the testimony of the VE, the ALJ found that Claimant was unable to perform any past relevant work, which included work as a maintenance scheduler or administrative clerk. R. 25–

6 The social security regulations define sedentary work to include:

lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.

20 C.F.R. § 404.1567(a). “Since being on one’s feet is required ‘occasionally’ at the sedentary level of exertion, periods of standing or walking should generally total no more than about 2 hours of an 8-hour workday, and sitting should generally total approximately 6 hours in an 8-hour workday.” SSR 83-10, 1983 WL 31251, at *5 (1983). 26. However, considering Claimant’s age (younger individual), education, work experience, and RFC, as well as the testimony of the VE, the ALJ concluded that

there were jobs existing in significant numbers in the national economy that Claimant could perform, representative occupations to include document preparer, call out operator, or charge account clerk. R. 26–27. Based on the foregoing, the

ALJ concluded that Claimant was not under a disability from her alleged disability onset date through the date of the decision. R. 27. III. STANDARD OF REVIEW.

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