Emrich v. Colvin

90 F. Supp. 3d 480, 2015 U.S. Dist. LEXIS 24957, 2015 WL 867287
CourtDistrict Court, M.D. North Carolina
DecidedMarch 2, 2015
DocketNo. 1:13cv1012
StatusPublished
Cited by11 cases

This text of 90 F. Supp. 3d 480 (Emrich v. Colvin) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emrich v. Colvin, 90 F. Supp. 3d 480, 2015 U.S. Dist. LEXIS 24957, 2015 WL 867287 (M.D.N.C. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

Plaintiff Cynthia Emrich brings this action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Commissioner of Social Security denying her claim for disability insurance benefits. The parties have filed cross-motions for judgment. (Docs. 16, 18.) For the reasons set forth below, Emrich’s motion will be denied, the Commissioner’s motion will be granted, and the case will be dismissed.

I. BACKGROUND

Emrich filed her application for disability insurance benefits (“DIB”) on June 23, 2009, claiming a period of disability commencing on January 1, 2003, and ending on December 31, 2005, the date she was last insured. (Tr. at 298-305.)1 Her application was denied initially and again upon reconsideration. (Id. at 159-60.) Thereafter, Emrich requested a de novo hearing on her claim before an administrative law judge (“ALJ”). (Id. at 164.) On March 25, 2011, Emrich appeared at the requested hearing pro se, and the ALJ granted a continuance to give Emrich an opportunity to obtain counsel. (Id. at 122-57, 164).

On July 5, 2011, Emrich and her non-attorney representative appeared before the same ALJ for a hearing. (Id. at 96-121.) The ALJ ultimately issued a decision finding Emrich not disabled. (Id. at 164-71.) Emrich appealed to the Appeals Council, which, on December 26, 2012, remanded the case for a new hearing for further consideration of several issues not before this court. (Id. at 177-79.)

Accordingly, on March 22, 2013, Emrich appeared with her non-attorney representative and testified at a third hearing. (Id. at 55-95.) Following that hearing, the ALJ once again found Emrich not disabled between her alleged onset date and December 31, 2005, her date last insured. (Id. at 46-47.) Emrich again appealed the decision. On September 13, 2013, the Appeals Council denied review, thereby rendering the ALJ’s decision the Commissioner’s final decision for purposes of judicial review. (Id. at 7-11.)

Emrich filed her complaint with this court on November 14, 2013, seeking review of the Commissioner’s decision. Em-[483]*483rich has filed a motion for judgment reversing the Commissioner, or alternatively remanding for rehearing. (Doc. 16.) The Commissioner has not responded but has filed a motion for judgment on the pleadings, to which Emrich did not respond. (Doc. 18.) The time for further briefing has passed, and the motions are now ripe for resolution.

II. ANALYSIS

A. Standard of Review

Federal law “authorizes judicial review of the Social Security Commissioner’s denial of social security benefits.” Hines v. Barnhart, 453 F.3d 559, 561 (4th Cir.2006). However, “the scope of ... review of [such an administrative] decision ... is extremely limited.” Frady v. Harris, 646 F.2d 143, 144 (4th Cir.1981). “The courts are not to try the case de novo.” Oppenheim v. Finch, 495 F.2d 396, 397 (4th Cir.1974). Instead, “a reviewing court' must uphold the factual findings of the ALJ [underlying the denial of benefits] if they are supported by substantial evidence and were reached through application of the correct legal standard.” Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir.2012) (citations omitted) (internal brackets omitted). “Substantial evidence .means ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Hunter v. Sullivan, 993 F.2d 31, 34 (4th Cir.1992) (quoting Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). “[I]t consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.” Mastro v. Apfel, 270 F.3d 171, 176 (4th Cir.2001) (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)). “If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is substantial evidence.” Hunter, 993 F.2d at 34 (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)) (internal quotation marks omitted).

“In reviewing for substantial evidence, the court should not undertake to re-weigh conflicting evidence, make credibility determinations, or substitute its judgment for that of the [ALJ, as adopted by the Commissioner].” Mastro, 270 F.3d at 176 (quoting Craig v. Chater, 76 F.3d 585, 589 (4th Cir.1996)) (internal brackets omitted). “Where conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled, the responsibility for that decision falls on the [Social Security Commissioner or the ALJ].” Hancock, 667 F.3d at 472 (quoting Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir.2005)). The issue before this court, therefore, “is not whether [the claimant] is disabled, but whether the ALJ’s finding that [the claimant] is not disabled is supported by substantial evidence and was reached based upon a correct application of the relevant law.” Craig, 76 F.3d at 589.

In administrative proceedings, “[a] claimant for disability benefits bears the burden of proving a disability.” Hall v. Harris, 658 F.2d 260, 264 (4th Cir.1981). In this context, “disability” means 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. (quoting 42 U.S.C. § 423(d)(1)(A)).2

[484]*484“The Commissioner uses a five-step process to evaluate disability claims.” Hancock, 667 F.3d at 472 (citing 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4)).

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Bluebook (online)
90 F. Supp. 3d 480, 2015 U.S. Dist. LEXIS 24957, 2015 WL 867287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emrich-v-colvin-ncmd-2015.