Clay v. Commissioner of Social Security

CourtDistrict Court, N.D. Indiana
DecidedMarch 4, 2020
Docket2:18-cv-00444
StatusUnknown

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

Bluebook
Clay v. Commissioner of Social Security, (N.D. Ind. 2020).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

RICKY R. C.1, ) ) Plaintiff, ) ) v. ) Case No. 2:18-CV-00444-MGG ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. )

OPINION AND ORDER Plaintiff Ricky R. C. (“Mr. C”) seeks judicial review of the Social Security Commissioner’s decision denying his application for a period of disability and Supplemental Security Income (“SSI”) under Title XVI, as allowed under 42 U.S.C. § 1383(c)(3). This Court may enter a ruling in this matter based on parties’ consent pursuant to 28 U.S.C. § 636(c)(1); 42 U.S.C. § 1383(c)(3). [DE 14]. For the reasons below, the Court reverses and remands the decision of the Commissioner of the Social Security Administration. I. OVERVIEW OF THE CASE Mr. C alleges disability based on degenerative disc disease of the spine, mild degeneration and carpal tunnel syndrome of the right upper extremity, insulin resistance syndrome, elevated homocysteine level, right knee degeneration, intermittent

1 To protect privacy interests, and consistent with the recommendation of the Judicial Conference, the Court refers to the plaintiff by first name and last initial only. obesity, and hypoxemia. Mr. C completed high school and worked as a painter and drywall applicator until 2006.

Mr. C’s application for SSI on April 27, 2015, was denied initially and upon reconsideration. Following a video hearing, the Administrative Law Judge (“ALJ”) issued a decision on October 5, 2017, affirming the Social Security Administration’s (“SSA”) denial of benefits. The ALJ found that Mr. C is unable to perform any past relevant work but that he has the residual functional capacity to perform medium work as defined by the regulations with some functional limitations [DE 10 at 22, 26]. Based

upon the testimony of a vocational expert, the ALJ concluded that Mr. C can work as a dietary aide, laundry laborer, and gas and oil servicer. [Id. at 27–28]. As a result, the ALJ denied Mr. C’s claims for benefits. II. DISABILITY STANDARD In order to qualify for SSI, a claimant must be “disabled” under the Social

Security Act (“Act”). A person is disabled under the Act if “he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment . . . which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A). The Commissioner’s five-step inquiry in evaluating claims for SSI under the Act

includes determinations as to: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant’s impairments are severe; (3) whether any of the claimant’s impairments, alone or in combination, meet or equal one of the Listings in Appendix 1 to Subpart P of Part 404; (4) whether the claimant can perform his past relevant work based upon his residual functional capacity (“RFC”); and (5) whether the claimant is capable of performing other work. 20 C.F.R. § 416.920. The claimant bears

the burden of proof at every step except Step Five. Clifford v. Apfel, 227 F.3d 863, 868 (7th Cir. 2000). III. STANDARD OF REVIEW This Court has authority to review a disability decision by the Commissioner pursuant to 42 U.S.C. § 1383(c)(3). However, this Court’s role in reviewing Social Security cases is limited. Elder v. Astrue, 529 F.3d 408, 413 (7th Cir. 2008). The Court

must uphold the ALJ’s decision so long as it is supported by substantial evidence. Thomas v. Colvin, 745 F.3d 802, 806 (7th Cir. 2014) (citing Similia v. Astrue, 573 F.3d 503, 513 (7th Cir. 2009)). Substantial evidence must be “more than a scintilla but may be less than a preponderance.” Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir. 2007). Substantial evidence is simply “such relevant evidence as a reasonable mind might accept as

adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971); Summers v. Berryhill, 864 F.3d 523, 526 (7th Cir. 2017); Kepple v. Massanari, 268 F.3d 513, 516 (7th Cir. 2001). The Court reviews the entire administrative record to determine whether substantial evidence exists, but it may not reconsider facts, reweigh the evidence, resolve conflicts of evidence, decide questions of credibility, or substitute its

judgment for that of the ALJ. Young v. Barnhart, 362 F.3d 995, 1001 (7th Cir. 2004). The deference afforded to the ALJ’s decision is lessened where the ALJ’s findings contain errors of fact or logic or fail to apply the correct legal standard. Schomas v. Colvin, 732 F.3d 702, 709 (7th Cir. 2013). Furthermore, an ALJ’s decision cannot stand if it lacks evidentiary support or inadequately discusses the issues. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003). At a minimum, an ALJ must articulate his analysis of the

record to allow the reviewing court to trace the path of his reasoning and to be assured the ALJ has considered the important evidence in the record. Scott v. Barnhart, 297 F.3d 589, 595 (7th Cir. 2002). While the ALJ need not specifically address every piece of evidence in the record to present the requisite “logical bridge” from the evidence to his conclusions, the ALJ must at least provide a glimpse into the reasoning behind his analysis and the decision to deny benefits. O’Connor-Spinner v. Astrue, 627 F.3d 614, 618

(7th Cir. 2010); see also Minnick v. Colvin, 775 F.3d 929, 935 (7th Cir. 2015). However, if the ALJ fails in his obligation to build that logical bridge, the case must be remanded. Sarchet v. Chater, 78 F.3d 305, 307 (7th Cir. 1996). IV. ANALYSIS A. Issues for Review

Mr. C’s challenges the ALJ’s RFC determination. Specifically, Mr. C alleges that in crafting his RFC, the ALJ improperly weighed the medical opinion evidence, particularly the opinion of his treating physician, Nathanial Ross, M.D.; improperly discounted his subjective symptom testimony; and improperly devised a “middle ground” between the opinions of State Agency medical consultants and Dr. Ross. Thus,

Mr. C argues that the RFC assigned to him by the ALJ is unsupported by substantial evidence and warrants remand. B.

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