Calloway v. Social Security Administration, Commissioner

CourtDistrict Court, N.D. Alabama
DecidedSeptember 7, 2021
Docket2:20-cv-00738
StatusUnknown

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

Bluebook
Calloway v. Social Security Administration, Commissioner, (N.D. Ala. 2021).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

PEARLIE MAE CALLOWAY, ) )

) Plaintiff, ) v. )

) SOCIAL SECURITY ) Case No.: 2:20-cv-00738-AMM ADMINISTRATION, ) Commissioner, )

) Defendant.

MEMORANDUM OF DECISION Plaintiff Pearlie Mae Calloway brings this action pursuant to the Social Security Act (the “Act”), seeking review of the decision of the Commissioner of Social Security (“Commissioner”) denying her claim for a period of disability and disability insurance benefits (“benefits”). See 42 U.S.C. § 405(g). Based on the court’s review of the record, the court AFFIRMS the decision of the Commissioner. I. Introduction On December 6, 2017, Ms. Calloway filed an application for benefits under Title II of the Act, alleging disability as of May 1, 2017. R. 68, 152-58. Ms. Calloway’s application alleges disability due to three bulging discs in her lower back, depression, an annular tear on the left side of her back, and arthritis in her thumb and back. R. 69-70, 152-58, 190-97. She has at least a high school education and has past relevant work experience as an account representative, a substitute teacher, and a babysitter. R. 29. She previously filed another application for benefits,

which was denied on February 15, 2017. R. 178. This appeal relates solely to Ms. Calloway’s December 6, 2017, application. The Social Security Administration (“SSA”) initially denied Ms. Calloway’s

application on February 7, 2018. R. 22, 85-89. On March 22, 2018, Ms. Calloway filed a request for a hearing before an Administrative Law Judge (“ALJ”). R. 22, 93- 94. That request was granted. R. 95-100, 110-15. Ms. Calloway received a video hearing before ALJ Steven M. Rachal on February 12, 2019. R. 22, 36-66. On April

4, 2019, ALJ Rachal issued an unfavorable decision, finding that Ms. Calloway was not disabled from May 1, 2017 through the present. R. 19-31. Ms. Calloway was fifty-three years old at the time of the ALJ decision. R. 27, 245.

Ms. Calloway appealed to the Appeals Council, which denied her request for review on March 19, 2020. R. 1-3, 149-151. After the Appeals Council denied Ms. Calloway’s request for review of the ALJ’s decision, R. 1-3, the ALJ’s decision became the final decision of the Commissioner and subject to district court review.

On May 21, 2020, Ms. Calloway sought this court’s review of the ALJ’s decision. See Doc. 1. II. The ALJ’s Decision The Act establishes a five-step test for the ALJ to determine disability. 20 C.F.R. § 404.1520. First, the ALJ must determine whether the claimant is engaging

in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). “Substantial work activity is work activity that involves doing significant physical or mental activities.” 20 C.F.R. § 404.1572(a). “Gainful work activity” is work that is done for pay or

profit. 20 C.F.R. § 404.1572(b). If the ALJ finds that the claimant engages in substantial gainful activity, then the claimant cannot claim disability. 20 C.F.R. § 404.1520(b). Second, the ALJ must determine whether the claimant has a medically determinable impairment or a combination of medical impairments that significantly

limits the claimant’s ability to perform basic work activities. 20 C.F.R. §§ 404.1520(a)(4)(ii), (c). Absent such impairment, the claimant may not claim disability. Id. Third, the ALJ must determine whether the claimant’s impairment

meets or medically equals the criteria of an impairment listed in 20 C.F.R. § 404, Subpart P, Appendix 1. See 20 C.F.R. §§ 404.1520(d), 404.1525, and 404.1526. If such criteria are met, the claimant is declared disabled. 20 C.F.R. § 404.1520(a)(4)(iii).

If the claimant does not fulfill the requirements necessary to be declared disabled under the third step, the ALJ still may find disability under the next two steps of the analysis. The ALJ must first determine the claimant’s residual functional

capacity, which refers to the claimant’s ability to work despite her impairments. 20 C.F.R. §§ 404.1520(e), 404.1545. In the fourth step, the ALJ determines whether the claimant has the residual functional capacity to perform past relevant work. 20

C.F.R. § 404.1520(a)(4)(iv). If the ALJ determines that the claimant is capable of performing past relevant work, then the claimant is deemed not disabled. Id. If the ALJ finds the claimant unable to perform past relevant work, then the analysis

proceeds to the fifth and final step. 20 C.F.R. § 404.1520(a)(4)(v). In this step, the ALJ must determine whether the claimant is able to perform any other work commensurate with her residual functional capacity, age, education, and work experience. 20 C.F.R. § 404.1520(g)(1). Here, the burden of proof shifts from the

claimant to the Commissioner to prove the existence, in significant numbers, of jobs in the national economy that the claimant can do given her residual functional capacity, age, education, and work experience. 20 C.F.R. §§ 404.1520(g)(1),

404.1560(c). The ALJ determined that Ms. Calloway would meet the insured status requirements of the Act through December 31, 2022. R. 22, 24. Next, the ALJ found that Ms. Calloway had not engaged in substantial gainful activity since May 1, 2017,

the alleged disability onset date. R. 24. The ALJ decided that Ms. Calloway had the following severe impairments: degenerative disc disease of the lumbar spine, osteoarthritis, hypertension, anxiety, and depression. R. 24. The ALJ also stated that

Ms. Calloway had a body mass index of 31.4 kg/m2 at the time of application. R. 24. The ALJ found that Ms. Calloway’s hypertensive disorder, gastroesophageal reflux disease, solitary nodule of the lung, sciatica, superficial thrombophlebitis,

Vitamin D deficiency, and mixed hyperlipidemia were “not severe” impairments as they “cause no more than minimal limitations in the ability to function.” R. 25. Overall, the ALJ determined that Ms. Calloway did not have “an impairment or

combination of impairments that meets or medically equals the severity of one of the listed impairments” to support a finding of disability. R. 25. The ALJ did not find all of Ms. Calloway’s allegations credible and found that Ms. Calloway had the “residual functional capacity to perform light work” with

certain limitations. R. 26-28. The ALJ determined that Ms.

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