Fauble v. Commissioner of Social Security

CourtDistrict Court, W.D. North Carolina
DecidedSeptember 30, 2025
Docket5:24-cv-00203
StatusUnknown

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

Bluebook
Fauble v. Commissioner of Social Security, (W.D.N.C. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:24-CV-00203-SCR

CANDICE L. FAUBLE, ) ) Plaintiff, ) ) v. ) MEMORANDUM AND ORDER ) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. )

THIS MATTER is before the Court on “Plaintiff’s Social Security Brief” (Doc. No. 6) and “Defendant’s Brief” (Doc. No. 9).1 The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and the matter is ripe for disposition. The Court finds that Defendant’s decision to deny Plaintiff Social Security benefits is supported by substantial evidence. Accordingly, the Court will affirm the Commissioner’s decision. I. PROCEDURAL HISTORY The Court adopts the procedural history as stated in the parties’ briefs and discusses relevant portions below.

1 Following amendments to the Supplemental Rules for Social Security Actions, 42 U.S.C. § 405(g), and Local Civil Rule 7.2, the parties are no longer required to file dispositive motions. Plaintiff elected not to file a Reply brief. Plaintiff filed the present action on September 16, 2024. She assigns error to the Administrative Law Judge’s (“ALJ”) formulation of her mental Residual Functional Capacity (“RFC”),2 specifically arguing that the “ALJ failed to account for the ‘total limiting effects’ of Plaintiff’s severe mental impairments. . . .” (Doc. No. 6 at 1, 3). Specifically, as subcomponents of that assignment of error, Plaintiff argues that the “medical opinions at issue and Plaintiff’s

statements patently support greater limitations than the ALJ’s RFC,” id. at 12, that the ALJ improperly analyzed the opinions of consultant-psychologists Drs. Grover and Bradley and treating therapist Dantzler, id. at 8, 12-15, and that the ALJ’s analysis was deficient regarding Plaintiff’s subjective complaints. Id. at 15-16. As to the RFC for Plaintiff, the ALJ wrote: After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b) except as follows. The claimant can occasionally perform postural activities but must avoid workplace hazards. She can frequently, but not continuously, use the bilateral upper and lower extremities for pushing, pulling, and operating hand and foot controls. She can sustain attention and concentration for two hours at a time. She can understand, remember, and carry out short but uninvolved instructions to perform routine, repetitive tasks, but she cannot perform work requiring a production rate or demand pace. She can frequently, but not continuously, be required to read printed materials. She can have frequent, but not continuous, contact or interactions with supervisors, occasional contact or interactions with coworkers, and no public contact or interactions. She should avoid work environments with constant changes in a routine setting.

2 The Social Security Regulations define “Residual Functional Capacity” as “the most [a claimant] can still do despite your limitations.” 20 C.F.R. § 404.1545(a). The Commissioner is required to “first assess the nature and extent of [the claimant’s] physical limitations and then determine [the claimant’s] [R]esidual [F]unctional [C]apacity for work activity on a regular and continuing basis.” 20 C.F.R. § 404.1545(b). The agency’s regulations establish a five-step sequential evaluation, by which the Commissioner considers, in sequence, whether a claimant: (1) is working, (2) has a severe impairment, (3) has an impairment that meets or equals the severity of a listed impairment, (4) can return to his past relevant work, and (5) if not, whether he can perform other work. 20 C.F.R. § 404.1520(a)(4)(i)-(iv). Between steps three and four, the claimant’s residual functional capacity is evaluated. 20 C.F.R. § 404.1545(a)(1). (Tr. 84) (bolding in original).3 The ALJ found that Plaintiff had no past relevant work, was 43 years-old when she filed her application, and had at least a high school education. (Tr. 93). Based on the Vocational Expert’s testimony given in response to a hypothetical including the RFC’s limitations, the ALJ then found Plaintiff could perform other work existing in the national economy and was not disabled. (Tr. 93-95).

II. DISCUSSION The Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), limits this Court’s review of a final decision of the Commissioner to: (1) whether substantial evidence supports the Commissioner’s decision; and (2) whether the Commissioner applied the correct legal standards. Richardson v. Perales, 402 U.S. 389, 390, 401 (1971); Biestek v. Berryhill, 587 U.S. 97, 102-03 (2019); Oakes v. Kijakazi, 70 F.4th 207, 212 (4th Cir. 2023); Arakas v. Comm’r of Soc. Sec., 983 F.3d 83, 94 (4th Cir. 2020). “Substantial evidence is ‘more than a mere scintilla’ and ‘[i]t means— and means only—such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Oakes, 70 F.4th at 212 (quoting Biestek, 587 U.S. at 103). “The threshold is ‘not

high’ and defers to the ALJ, ‘who has seen the hearing up close.’” Id. (quoting Biestek, 587 U.S. at 103, 108). “‘In reviewing for substantial evidence, we do not undertake to re-weigh conflicting evidence, make credibility determinations, or substitute our judgment for the ALJ’s.’” Id. (citing Arakas, 983 F.3d at 95). “But ‘even under this deferential standard, we do not reflexively rubber- stamp an ALJ’s findings.’” Id. (quoting Lewis v. Berryhill, 858 F.3d 858, 870 (4th Cir. 2017)).

3 As discussed above, Plaintiff challenges only the RFC as to her mental limitations, not physical limitations. (Doc. No. 6 at n 3). Any challenges not set forth in Plaintiff’s opening brief are waived. Grayson O Co. v. Agadir Int’l LLC, 856 F.3d 307, 316 (4th Cir. 2017) (“A party waives an argument by failing to present it in its opening brief or by failing to develop its argument—even if its brief takes a passing shot at the issue.”) (internal quotation omitted and brackets removed). “To pass muster, ALJs must build an accurate and logical bridge from the evidence to their conclusions.” Id.; see also Monroe v. Colvin, 826 F.3d 176, 189 (4th Cir. 2016) (finding the ALJ failed to build an accurate and logical bridge from the evidence to his conclusion); Patterson v. Comm’r of Soc. Sec., 846 F.3d 656, 663 (4th Cir. 2017)).

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Cichocki v. Astrue
729 F.3d 172 (Second Circuit, 2013)
Kohler v. Astrue
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Bonnilyn Mascio v. Carolyn Colvin
780 F.3d 632 (Fourth Circuit, 2015)
George Monroe v. Carolyn Colvin
826 F.3d 176 (Fourth Circuit, 2016)
Grayson O Company v. Agadir International LLC
856 F.3d 307 (Fourth Circuit, 2017)
Stacy Lewis v. Nancy Berryhill
858 F.3d 858 (Fourth Circuit, 2017)
Nikki Thomas v. Nancy Berryhill
916 F.3d 307 (Fourth Circuit, 2019)
Biestek v. Berryhill
587 U.S. 97 (Supreme Court, 2019)
Margaret Shinaberry v. Andrew Saul
952 F.3d 113 (Fourth Circuit, 2020)
Esin Arakas v. Commissioner, Social Security
983 F.3d 83 (Fourth Circuit, 2020)
Sizemore v. Berryhill
878 F.3d 72 (Fourth Circuit, 2017)
Renard Oakes v. Kilolo Kijakazi
70 F.4th 207 (Fourth Circuit, 2023)

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Fauble v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fauble-v-commissioner-of-social-security-ncwd-2025.