Brown v. Commissioner of Social Security

1 F. App'x 445
Court of Appeals for the Sixth Circuit·Decided January 12, 2001·No. No. 99-2165·Published·Cited by 3 cases

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Claimant-Appellant David S. Brown (“Brown”) appeals to this court from the district court’s decision affirming the Commissioner of Social Security’s (“Commissioner”) final determination to deny him disability insurance benefits under the Social Security Act. Upon review of the record, we find that there is substantial evidence to support the district court’s decision and we therefore AFFIRM the denial of benefits.

I. Background

Brown was born on April 6, 1973. He completed eleventh grade and obtained his high school diploma through a General Equivalency Degree program. His employment history includes work as a bag-ger at a grocery store and a food preparer at a fast food restaurant. He most recently worked in a factory from January 1994 to February 1996 as a high pressure spray washer cleaning automotive and industrial machinery. In July 1994, Brown suffered a workplace injury to his right foot when his foot got caught in a piece of machinery and remained in a twisted position for thirty minutes. Several months after the injury, Brown resumed work at the factory in a sedentary position cleaning excess plastic off steering wheels. He was unable to work for more than four hours a day due to the pain in his foot and he was subsequently terminated. Brown saw several doctors, beginning in September 1994, who diagnosed his condition as reflex sympathetic dystrophy of his right foot, a neurological syndrome characterized by acute pain and motion loss due to inflamed nerves and nerve endings. Admin. R. at 118.

According to Brown, the onset date of his disability was February 28, 1996. Brown first filed an application for Social Security Disability Income benefits in March 1996; his application was denied initially by the Social Security Administration and again on reconsideration. In September 1997, Brown sought review of the agency’s decision before an administrative law judge (“AL J”). The ALJ to whom the matter was assigned conducted a hearing and concluded that Brown was not disabled. The ALJ’s decision became the Commissioner’s final decision on December 4, 1998 when the Appeals Council denied Brown’s request for review. See Casey v. Sec’y of Health & Human Servs., [447] 987 F.2d 1230, 1233 (6th Cir.1993). Brown then sought judicial review of the ALJ’s decision in federal district court, pursuant to 42 U.S.C. § 405(g). The matter was referred to a Magistrate Judge, who concluded that substantial evidence supported the ALJ’s decision. The district court agreed with and adopted the Magistrate Judge’s Report and Recommendation and granted the Commissioner’s motion for summary judgment.

II. Analysis

A. Jurisdiction

The district court judge had jurisdiction to review the final decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). This court has jurisdiction to review the district court’s decision under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291 after Brown filed a timely appeal.

B. Standard of Review

This court reviews the ALJ’s final decision to determine whether the ALJ applied the correct legal standard and supported his decision with substantial evidence based on the record as a whole. See 42 U.S.C. § 405(g); see also Walters v. Comm’r of Soc. Sec. ., 127 F.3d 525, 528 (6th Cir.1997). Substantial evidence means more than a scintilla of evidence but less than a preponderance. It means “such evidence as a reasonable mind might accept as adequate to support a conclusion.” Walters, 127 F.3d at 528 (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). This court “may not try the case de novo, nor resolve conflicts in evidence, nor decide questions of credibility.” Id. (quotation omitted). An ALJ’s decision is not subject to reversal simply because there is substantial evidence that would support the opposite conclusion than that reached by the ALJ. See Key v. Callahan, 109 F.3d 270, 273 (6th Cir.1997).

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Brown v. Commissioner of Social Security, 1 F. App'x 445 (6th Cir. 2001).

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