Deherrera v. Colvin

175 F. Supp. 3d 1247, 2016 WL 1238154, 2016 U.S. Dist. LEXIS 42443
District Court, D. Colorado·Decided March 30, 2016·No. Civil Action No. 14-cv-02959-KLM·Published

Opinion

ORDER

MAGISTRATE JUDGE KRISTEN L. MIX

This matter is before the Court1 on the Social Security Administrative Record [# 10],2 filed December 1, 2014, in support of Plaintiffs Complaint [# 1] seeking review of the decision of Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, (“Defendant” or “Commissioner”) denying Plain[1250] tiffs claim for disability insurance benefits pursuant to Title II of the Social Security Act (the “Act”), 42 U.S.C. § 401 et seq., and for supplemental security income benefits pursuant to Title XVI of the Act, 42 U.S.C. § 1381 et seq. On April 13, 2015, Plaintiff filed an Opening Brief [# 13] (the “Brief’). Defendant filed a Response [# 14] in opposition, and Plaintiff filed a Reply [# 15]. The Court has jurisdiction to review the Commissioner’s final decision under 42 U.S.C. §§ 405(g) and 1383(c). The Court has reviewed the entire case file and the applicable law and is sufficiently advised in the premises. For the reasons set forth below, the decision of the Commissioner is AFFIRMED.

I. Factual and Procedural Background

Plaintiff alleges that he became disabled at the age of thirty-three on September 9, 2011, due to anxiety and diabetes. Tr. 172, 176.3 On February 7, 2012, Plaintiff filed applications for disability insurance benefits under Title II and for supplemental security income under Title XVI. Tr. 147, 149. On July 23, 2013, an Administrative Law Judge (the “ALJ”) issued an unfavorable decision. Tr. 21-22.

The ALJ determined that Plaintiff met the insured status requirements of the Act through December 31, 2013, and that Plaintiff had not engaged in substantial gainful activity (“SGA”) since September 9, 2011, the alleged onset date. Tr. 12. The ALJ found that Plaintiff suffers from one severe impairment, i.e., anxiety disorder. Tr. 12. However, the ALJ also found that Plaintiff does not have an impairment or combination of impairments which meet or medically equals “the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).” Tr. 13. The ALJ next concluded that Plaintiff has the residual functional capacity (“RFC”) to perform the full range of work at all exertional levels with one nonexertional limitation, i.e., that Plaintiff “should not have any interaction with the general public.” Tr. 15. Based on the RFC and the testimony of an impartial vocational expert (“VE”), the ALJ found that Plaintiff was unable to perform any past relevant work, but found that there are jobs which exist in significant numbers in the national economy which Plaintiff can perform, including the representative occupations of silver wrapper, price marker, and short order cook. Tr. 20-21. She therefore found Plaintiff not disabled at step five of the sequential evaluation. Tr. 21. The ALJ’s decision has become the final decision of the Commissioner for purposes of judicial review. 20 C.F.R. §§ 404.981, 416.1481.

II. Standard of Review and Applicable Law

Pursuant to the Act:

[ T]he Social Security Administration is authorized to pay disability insurance benefits and Supplemental Security Income to persons who have a “disability.” A person qualifies as disabled, and thereby eligible for such benefits, “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.”

[1251] Barnhart v. Thomas, 540 U.S. 20, 21-22, 124 S.Ct. 376, 157 L.Ed.2d 333 (2003) (quoting 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B)). Under the applicable legal standard, a claimant is disabled if he or she 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. § 423(d)(1)(a); see also Wall v. Astrue, 561 F.3d 1048, 1051 (10th Cir.2009) (quoting 20 C.F.R. § 416.905(a)). The existence of a qualifying disabling impairment must be demonstrated by “medically acceptable clinical and laboratory diagnostic” findings. 42 U.S.C. §§ 423(d)(3), 423(d)(5)(A).

“When a claimant has one or more severe impairments the Social Security [Act] requires the [Commissioner] to consider the combined effects of the impairments in making a disability determination.” Campbell v. Bowen, 822 F.2d 1518, 1521 (10th Cir.1987) (citing 42 U.S.C. § 423(d)(2)(C)). However, the mere existence of a severe impairment or combination of impairments does not require a finding that an individual is disabled within the meaning of the Act. To be disabling, the claimant’s condition must be so functionally limiting as to preclude any substantial gainful activity for at least twelve consecutive months. See Kelley v. Chater, 62 F.3d 335, 338 (10th Cir.1995).

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Deherrera v. Colvin, 175 F. Supp. 3d 1247, 2016 WL 1238154, 2016 U.S. Dist. LEXIS 42443 (D. Colo. 2016).

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