Callaway v. Berryhill

292 F. Supp. 3d 289
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 16, 2018
DocketCivil Action No. 15–308 (JDB–GMH)
StatusPublished
Cited by15 cases

This text of 292 F. Supp. 3d 289 (Callaway v. Berryhill) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callaway v. Berryhill, 292 F. Supp. 3d 289 (D.C. Cir. 2018).

Opinion

JOHN D. BATES, United States District Judge

Plaintiff Rhonda Callaway challenges the denial of her claim for Social Security Disability Insurance Benefits. On April 29, 2016, Magistrate Judge G. Michael Harvey, to whom this matter had been referred for full case management, issued his Report and Recommendation. Judge Harvey recommended that the decision of the Administrative Law Judge ("ALJ") be affirmed. Thereafter, Callaway filed timely Objections to the Report and Recommendation pursuant to Local Civil Rule 72.3(b), and defendant, the Acting Commissioner of Social Security, filed a response. For the reasons set forth in the Report and Recommendation and those explained further below, the Court finds that the ALJ properly denied Callaway's claim. The Court accordingly adopts the Report and Recommendation, denies plaintiff's motion for judgment of reversal, and grants defendant's motion for judgment of affirmance.

I. BACKGROUND

A. Statutory and Regulatory Framework

To qualify for disability benefits under Titles II and XVI of the Social Security Act (the "Act"), a claimant must establish that she is "disabled." 42 U.S.C. § 423. Under the Act, disability means 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 12 months." Id. § 423(d)(1)(A). With certain exceptions not present here, an individual is disabled "only if [her] physical or mental impairment or impairments are of such severity that [she] is not only unable to do [her] previous work but cannot, considering [her] age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy." Id. § 423(d)(2)(A).

The ALJ must employ a five-step sequential evaluation process to determine whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4). The claimant bears the burden of proof on the first four steps. Butler v. Barnhart, 353 F.3d 992, 997 (D.C. Cir. 2004). The claimant must first show that she is not presently engaged in "substantial gainful activity." 20 C.F.R. § 404.1520(a)(4)(i). Second, she must show that she has a "severe medically determinable physical or mental impairment." Id. § 404.1520(a)(4)(ii). Third, she must show that her impairment meets or equals an impairment listed in the relevant regulation, 20 C.F.R. Part 404, Subpart P, Appendix 1. Id. § 404.1520(a)(4)(iii). If so, the claimant is deemed disabled; if not, the ALJ must assess the claimant's residual function capacity ("RFC"), which reflects *292"what an individual can still do despite his or her limitations." Ross v. Astrue, 636 F.Supp.2d 127, 132 (D.D.C. 2009). Fourth, the claimant must show that she is incapable of performing her "past relevant work." 20 C.F.R. § 404.1520(a)(4)(iv). If the claimant has satisfied the first four steps, the Commissioner bears the burden at step five of demonstrating that the claimant is still able to perform "other work" based on a consideration of her RFC, age, education and work experience. Id. § 404.1520(a)(4)(v) ; see Butler, 353 F.3d at 997.

B. Factual Background

Callaway applied for disability benefits on February 16, 2011, alleging that her disability began on December 11, 2010 due to rheumatoid arthritis, Sjögren's syndrome, and hypothyroidism. See Administrative Record ("AR") [ECF Nos. 9-1 to 9-8] at 254-55, 266, 270. Callaway's claims were denied initially on June 2, 2011, and again upon reconsideration on November 18, 2011. AR 161, 172. Callaway filed a timely request for a hearing on December 1, 2011, AR 175, and the Social Security Administration ("SSA") held three hearings before an ALJ on March 8, 2012, September 26, 2012, and February 28, 2013, AR 40, 61, 140. On May 21, 2013, the ALJ denied Callaway's claim, finding she was not "disabled" under the Act. AR 35.

In performing the five-step evaluation process, the ALJ found (at steps one and two) that Callaway had not engaged in substantial gainful activity since the alleged disability onset date and that she had the following severe impairments: "rheumatoid arthritis, Sjogren's syndrome, disorders of the back, osteoarthritis of knees, headaches, obesity, fibromyalgia, and affective mood disorder." AR 24. At step three, the ALJ determined that Callaway did not have an impairment that met or equaled an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. AR 25-27. And at step four, the ALJ found that Callaway was incapable of performing her past relevant work as a retail sales clerk, sales manager, or silent auction clerk. AR 33.

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Cite This Page — Counsel Stack

Bluebook (online)
292 F. Supp. 3d 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callaway-v-berryhill-cadc-2018.