Elena Jones v. Nancy Berryhill

681 F. App'x 252
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 14, 2017
Docket15-2456
StatusUnpublished
Cited by13 cases

This text of 681 F. App'x 252 (Elena Jones v. Nancy Berryhill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elena Jones v. Nancy Berryhill, 681 F. App'x 252 (4th Cir. 2017).

Opinion

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

In this appeal, Elena Jones challenges the district court’s judgment upholding the decision of the Social Security Administration denying her application for disability benefits and supplemental security income. Jones argues that the administrative law judge (ALJ) failed to consider all relevant evidence in concluding that Jones’ impairments did not meet or equal those of Listing 1.04, the regulation identifying disorders of the spine that merit a conclusive presumption of disability and an award of benefits. See 20 C.F.R. pt. 404, subpt. P, app. 1 § 1.04; Radford v. Colvin, 734 F.3d 288, 291 (4th Cir. 2013). Jones also argues that the ALJ failed to give a sufficient explanation for assigning little weight to the report of Brandon Soule, a physician assistant who examined her.

We conclude that the ALJ sufficiently explained his reasoning and that substantial evidence supports the ALJ’s conclusions. Accordingly, we affirm the district court’s judgment.

I.

We begin with a discussion of the legal and procedural requirements governing claims for social security disability benefits or for supplemental security income on the basis of disability. An ALJ evaluating whether a claimant is disabled follows a sequential five-step process outlined in the regulations. See 20 C.F.R. § 404.1520(a)(4). The ALJ evaluates, in sequence, (1) whether the applicant is engaged in substantial gainful activity, (2) the medical severity and duration of any impairments, (3) whether those impairments meet or equal an enumerated “listing” in the regulations, (4) the applicant’s residual functional capacity (RFC) to perform past relevant work, and (5) the applicant’s ability to adjust to other work in light of her RFC. Id. In the present case, Jones challenges the ALJ’s analysis of the “listings” in Step 3 and the RFC at Steps 4 and 5.

II.

Jones is 50 years old and previously has worked as a receptionist and in other administrative jobs. Her medical record shows that she has a history of back pain and other spinal issues. Jones has been diagnosed with disc degeneration, disc herniation, sciatica, and lumbago. She also has *254 difficulty walking, and uses a cane to assist with sitting down and standing up.

In February 2011, Jones filed a claim for disability insurance benefits, alleging that she has been unable to work since January 28, 2011, due to “arthritis of spine,” “sciatic nerve,” and “asthma.” Her claim was denied initially and upon reconsideration. Following the denial of her claim on reconsideration, Jones requested a hearing before an ALJ.

After conducting a hearing, the ALJ concluded that Jones was not disabled within the meaning of the Social Security Act. In Steps 1 and 2 of the five-step evaluation, the ALJ determined that Jones had not engaged in substantial gainful activity since her alleged disability onset date, and that she had severe impairments caused by asthma, degenerative disc disease, and obesity. In Step 3, the ALJ found that Jones’ back impairments did not meet or medically equal the requirements of Listing 1.04 governing spinal disorders, because “the claimant has no documented motor, sensory, or reflex loss and is able to ambulate effectively.” See 20 C.F.R. pt. 404, subpt. P, app. 1 § 1.04.

The ALJ also found that Jones had the “residual functional capacity to perform less than the Full Range of sedentary work.” In reaching this conclusion, the ALJ assigned little weight to physician reports that appeared to be “mere restatement” or “recitation” of Jones’ subjective complaints. In addition, the ALJ assigned little weight to the opinion of certified physician assistant Brandon Soule, because Soule was “not a medical doctor or other acceptable medical source” and, in the ALJ’s view, Soule’s opinion was “internally inconsistent and not supported by the medical evidence of record.” Relying on his assessment of RFC, the ALJ found that Jones could not perform her prior work but that she could perform other jobs that exist in significant numbers in the national economy. Based on this factual finding, the ALJ determined that Jones was not disabled and therefore denied Jones’ claims for disability benefits and supplemental security income.

Jones filed a complaint in district court seeking judicial review of the ALJ’s decision. Jones and the Commissioner of Social Security consented to have the case heard before a magistrate judge, who upheld the ALJ’s decision and entered summary judgment in favor of the Commissioner. Jones now appeals from the district court’s judgment.

III.

We will affirm an ALJ’s disability determination when the ALJ applies the correct legal standards and the ALJ’s factual findings are supported by substantial evidence. Mascio v. Colvin, 780 F.3d 632, 634 (4th Cir. 2015). Construction of administrative regulations, such as the listings of impairments, are questions of law that we review de novo. Radford, 734 F.3d at 293.

A.

Jones contends that she established a conclusive presumption that she is disabled by showing that her impairments met or equaled the symptoms in Listing 1.04A or 1.04C. She argues that the ALJ erred in failing to treat Listings 1.04A, B, and C as three alternative grounds for satisfying Listing 1.04, and also failed to provide an adequate explanation for his reasoning.

In response, the Commissioner contends that the ALJ identified the proper legal standard, and gave sufficient explanation by highlighting the symptoms in the listings that were not satisfied by Jones’ evidence. We agree with the Commissioner’s argument.

In order for a claimant to show that an impairment meets or equals a listed im *255 pairment in Step 3, she must demonstrate that her impairment meets all the specified criteria in the relevant listing. Sullivan v. Zebley, 493 U.S. 521, 530, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990) (“An impairment that manifests only some of [the] criteria, no matter how severely, does not qualify.”) (citing SSR 83-19). However, the claimant need not show that all the listed symptoms were present simultaneously. Radford, 734 F.3d at 293-94. Instead, a claimant must show only that each of the listed symptoms are documented in the record, and that the impairment is expected to last continuously for at least 12 months. Id. at 294 (citing 20 C.F.R. § 404.1509).

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Bluebook (online)
681 F. App'x 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elena-jones-v-nancy-berryhill-ca4-2017.