Fleck v. Colvin

956 F. Supp. 2d 1014, 2013 WL 3356215, 2013 U.S. Dist. LEXIS 93794
CourtDistrict Court, N.D. Iowa
DecidedJuly 3, 2013
DocketNo. C12-1029
StatusPublished

This text of 956 F. Supp. 2d 1014 (Fleck v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fleck v. Colvin, 956 F. Supp. 2d 1014, 2013 WL 3356215, 2013 U.S. Dist. LEXIS 93794 (N.D. Iowa 2013).

Opinion

RULING ON JUDICIAL REVIEW

JON STUART SCOLES, United States Chief Magistrate Judge.

TABLE OF CONTENTS

I. INTRODUCTION......................................................1018

II. PRIOR PROCEEDINGS................................................1018

III. PRINCIPLES OF REVIEW.............................................1019

TV. FACTS................................................................1020

A. Education and Employment Background.............................1020

B. Administrative Hearing Held on August 23, 2007......................1020

1. Fleck’s Testimony.............................. 1020

2. Vocational Expert’s Testimony ..................................1020

C. Administrative Hearing Held on September 9,2010....................1021

1. Fleck’s iTestimony.............................................1021

2. Vocational Expert’s Testimony ..................................1021

D. Fleck’s Medical History............................................1022

E. Non-Medical Vocational Evidence...................................1025

V. CONCLUSIONS OF LAW...............................................1025
A. ALJ’s Disability Determination.....................................1025
B. Objections Raised By Claimant.....................................1027

1. Dr. Davis’ and Dr. Frommelt’s Opinions..........................1027

2. The Goodwill Reports...........................................1031

C. Reversal or Remand................................................1032
VI. CONCLUSION.........................................................1032

[1018]*1018VII. ORDER......................... .....................................1032

I. INTRODUCTION

This matter comes before the Court on the Complaint (docket number 1) filed by Plaintiff Shawna M. Fleck on October 11, 2012, requesting judicial review of the Social Security Commissioner’s decision to deny her application for Title XVI supplemental security income (“SSI”) benefits. Fleck asks the Court to reverse the decision of the Social Security Commissioner (“Commissioner”) and order the Commissioner to provide SSI benefits. In the alternative, Fleck requests the Court to remand this matter for further proceedings.

II. PRIOR PROCEEDINGS

On July 8, 2005, Fleck applied for SSI benefits. In her application, Fleck alleged that she became disabled on May 6, 19872 due to a non-verbal learning disability, neuro-muscular disability, obsessive compulsive disorder (“OCD”), and depression.3 Fleck’s application was denied on September 21, 2005. On February 17, 2006, her application was denied on reconsideration. On May 14, 2006, Fleck requested a hearing before an Administrative Law Judge (“ALJ”). On August 23, 2007, Fleck appeared via video conference with her attorney before ALJ John E. Sandbothe for an administrative hearing. Fleck and vocational expert Julie A. Svec testified at the hearing. In a decision dated February 5, 2008, the ALJ denied Fleck’s claim. The ALJ determined that Fleck was not disabled and not entitled to SSI benefits because she was capable of performing her past relevant work as a sales associate. Fleck appealed the ALJ’s decision. On May 20, 2010, the Appeals Council remanded the case back to the ALJ for resolution of multiple issues, including consideration of Fleck’s mental impairments, work history, subjective testimony, and non-medical evidence.4

On September 9, 2010, Fleck appeared via video conference with her attorney before ALJ Sandbothe for a second administrative hearing on remand. Fleck "and vocational expert Marion S. Jacobs testified at the hearing. In a decision dated October 6, 2010, the ALJ again denied Fleck’s claim. Specifically, the ALJ determined that Fleck was not disabled and not entitled to SSI benefits because she was functionally capable of performing other work that exists in significant numbers in the national economy. Fleck appealed the ALJ’s second decision. On August 28, 2012, the Appeals Council denied Fleck’s request for review. Consequently, the ALJ’s October 6, 2010 decision was adopted as the Commissioner’s final decision.

On October 11, 2012, Fleck filed this action for judicial review. The Commissioner filed an answer on December 14, 2012. On January 16, 2013, Fleck filed a brief arguing that there is not substantial evidence in the record to support the [1019]*1019ALJ’s finding -that she is not disabled and that she is functionally capable of performing work that exists in significant numbers in the national economy. On March 15, 2013, the Commissioner filed a responsive brief arguing that the ALJ’s decision was correct and asking the Court to affirm the ALJ’s decision. On November 14, 2012, both parties consented to proceed before a magistrate judge in this matter pursuant to the provisions set forth in 28 U.S.C. § 636(c).

III. PRINCIPLES OF REVIEW

Pursuant to 42 U.S.C. § 1383(c)(3), the Commissioner’s final determination after an administrative hearing not to award SSI benefits is subject to judicial review to the same extent as provided in 42 U.S.C. § 405(g). 42 U.S.C. § 1383(c)(3). 42 U.S.C. § 405(g) provides the Court with the power to: “[E]nter ..." a judgment affirming, modifying, or reversing me decision of the Commissioner ... with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). “The findings of the Commissioner ... as to any fact, if supported by substantial evidence, shall be conclusive ...” Id.

The Court will “affirm the Commissioner’s decision if supported by substantial evidence on the record as a whole.” Anderson v. Astrue, 696 F.3d 790, 793 (8th Cir.2012) (citation omitted). Substantial evidence is defined as “ ‘less than a preponderance but ... enough that a reasonable mind would find it adequate to support the conclusion.’ ” Id. (quoting Jones v. Astrue, 619 F.3d 963, 968 (8th Cir.2010)); see also Brock v. Astrue,

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Bluebook (online)
956 F. Supp. 2d 1014, 2013 WL 3356215, 2013 U.S. Dist. LEXIS 93794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleck-v-colvin-iand-2013.