Cunningham v. Colvin

46 F. Supp. 3d 26, 2014 U.S. Dist. LEXIS 73708, 2014 WL 2426750
District Court, District of Columbia·Decided May 30, 2014·No. Civil Action No. 2013-0585·Published·Cited by 30 cases

Opinion

Re Document Nos.: 9, 10

MEMORANDUM OPINION

RUDOLPH CONTRERAS United States District Judge

Denying Plaintiff’s Motion FOR Judgment

OF REVERSAL; AND GRANTING DEFENDANT’S Motion for Judgment of Affirmance

I. INTRODUCTION

Plaintiff Brenda Cunningham commenced this action pursuant to 42 U.S.C. § 405(g) against Defendant, the Acting Commissioner of the Social Security Administration (“SSA”), seeking review of the SSA Commissioner’s denial of her claims for disability insurance benefits and Supplemental Security Income payments under sections 216(1), 223, and 1611 of the Social Security Act. See 42 U.S.C. §§ 416(1), 423, 1382. Upon consideration of the motions, the memoranda in support thereof and opposition thereto, and the administrative record, the Court will deny Plaintiffs Motion for Judgment of Reversal and . grant Defendant’s Motion for Judgment of Affirmance.

II. STATUTORY FRAMEWORK

The Social Security Act establishes a program for providing “disability insurance benefits” to eligible individuals and “supplemental security income to individuals who have attained age 65 or are blind or disabled.” See 42 U.S.C. §§ 423, 1381, 1381a. The statute defines disability for non-blind individuals as 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); see also 20 C.F.R. § 416.905. A claimant is disabled “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). A disabled individual is eligible for Supplemental Security Income payments if he meets additional statutory requirements concerning “income” and “resources.” Id. § 1382(a)(1).

*29 Within the Social Security Act framework, an Administrative Law Judge (“ALJ”) must conduct a five-step sequential evaluation to assess a claimant’s alleged disability. See generally 20 C.F.R. §§ 404.1520, 416.920. First, the ALJ must find that the claimant is not presently engaged in “substantial gainful” work. See id. §§ 404.1520(b), 416.920(b). Second, the ALJ must find that the claimant has a “severe impairment” that “significantly limits” his ability to do basic work activities. Id. §§ 404.1520(c), 416.920(c). Third, if the ALJ finds that the claimant suffers from an impairment that meets one of those listed in 20 C.F.R. Part 404, Sub-part P, Appendix 1, the claimant is deemed disabled and the inquiry ends. See id. §§ 404.1520(d), 416.920(d). If, however, the claimant’s impairment does not meet one of those listed in the Appendix, the ALJ must determine the claimant’s residual functional capacity based on all evidence in the record. See id. §§ 404.1520(e), 416.920(e).

At step four, after making a determination of the claimant’s residual functional capacity, the ALJ must determine whether the claimant’s capabilities allow him to perform “past relevant work.” Id. §§ 404.1520(f), 416.920(f). If the claimant’s residual functional capacity does not allow him to perform past relevant work, the ALJ moves to step five, during which the ALJ determines whether the claimant’s residual functional capacity allows him to adjust to any other work, given his age, education, and work experience. See id. §§ 404.1520(g), 416.920(g). If the ALJ finds that the claimant can either perform past relevant work (at step four) or adjust to any other work (at step five), the ALJ will conclude that the claimant is not disabled. See id. The claimant bears the burden of proof during the first four steps, but the burden shifts to the SSA Commissioner at step five. See Butler v. Barn-hart, 353 F.3d 992, 997 (D.C.Cir.2004).

III. BACKGROUND

At the time of the administrative decision, Plaintiff was a 37 year-old woman who resided in Washington, DC. See Administrative Record (“AR”), Sept. 4, 2013, ECF No. 7, at 21, 32, 173-74. She has a 10th grade education and no additional training. See id. at 266. Her past work included employment as a cashier, bank teller, and copy clerk. See id. at 45. Plaintiff filed applications for disability insurance benefits and Supplemental Security Income payments pursuant to Titles II and XVI of the Social Security Act on June 17, 2009, and alleged disability on the basis of major depressive disorder and carpal tunnel syndrome. See id. at 11, 173-74, 180-86. Plaintiffs claims were denied initially and again upon reconsideration. See id. at 66-69, 72. Plaintiff requested a hearing before an ALJ, see id. at 80, and the hearing was held on November 7, 2011, during which Plaintiff and a vocational expert testified. See id. at 29^49.

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Cunningham v. Colvin, 46 F. Supp. 3d 26, 2014 U.S. Dist. LEXIS 73708, 2014 WL 2426750 (D.D.C. 2014).

46 F. Supp. 3d 26 (Cunningham v. Colvin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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