Godfrey v. Astrue

861 F. Supp. 2d 683, 2012 U.S. Dist. LEXIS 70650, 2012 WL 1859743
CourtDistrict Court, E.D. North Carolina
DecidedMay 15, 2012
DocketNo. 2:11-CV-17-BO
StatusPublished

This text of 861 F. Supp. 2d 683 (Godfrey v. Astrue) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Godfrey v. Astrue, 861 F. Supp. 2d 683, 2012 U.S. Dist. LEXIS 70650, 2012 WL 1859743 (E.D.N.C. 2012).

Opinion

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the Court on the parties’ Cross-Motions for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure [DE 25, 27]. Mr. Godfrey alleges (1) that the Administrative Law Judge (“ALJ”) erred in his determination of Mr. Godfrey’s residual functional capacity (“RFC”) and (2) that the hypothetical posed by the ALJ to the vocational expert (“VE”) did not include all of Mr. Godfrey’s limitations. For the reasons stated below, Plaintiffs Motion [DE 25] is GRANTED, Defendant’s Motion [DE 27] is DENIED, and the decision of the Commissioner is REVERSED and REMANDED for an award of benefits.

BACKGROUND

Plaintiff applied for Social Security disability insurance benefits on August 27, 2007, alleging an onset date of May 23, 2007. Tr. 132. His claim was denied initially, Tr. 58-61, and on reconsideration, Tr. 66-72. Plaintiff timely requested a hearing before an ALJ. Tr. 74-75. His hearing was held on September 28, 2009, before ALJ Larry A. Miller. Tr. 25, 27. ALJ Miller denied Plaintiffs claims in a decision dated October 20, 2009. Tr. 15-24. Plaintiff sought Appeals Council review of the ALJ’s decision, which was denied on February 24, 2011, and ALJ Miller’s decision then became the final agency determination. Tr. 1-3. Having exhausted his administrative remedies, Plaintiff filed a complaint in this Court on April 19, [685]*6852011 [DE 1]. The parties have each moved for judgment on the pleadings. A hearing on the cross-motions was held in Edenton, North Carolina, on May 9, 2012 [DE 33]. The motions are now ripe for adjudication.

DISCUSSION

Under the Social Security Act, 42 U.S.C. § 405(g), and , 1383(c)(3), this Court’s review of the Commissioner’s decision is limited to determining whether the decision, as a whole, is supported by substantial evidence and whether the Commissioner employed the correct legal standard. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir.2005) (per curiam) (internal quotation marks omitted).

An individual is considered disabled if the individual is unable “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 [twelve] months.” 42 U.S.C. § 1382c(a)(3)(A). The Act further provides that an individual “shall be determined to be under a disability 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 line of substantial gainful work which exists in the national economy.” 42 U.S.C. § 1382c(a)(3)(B).

I. The Five-Step Sequential Evaluation

Regulations issued by the Commissioner establish a five-step sequential evaluation process to be followed in a disability case. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The claimant bears the burden of proof at steps one through four, but the burden shifts to the Commissioner at step five. See Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). If a decision regarding disability can be made at any step of the process, however, the inquiry ceases. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4).

At step one, if the Social Security Administration determines that the claimant is currently engaged in substantial gainful activity, the claim is denied. If not, then step two asks whether the claimant has a severe impairment or combination of impairments. If the claimant has a severe impairment, it is compared at step three to those in the Listing of Impairments (“Listing”) in 20 C.F.R. Part 404, Subpart P, App. 1. If the claimant’s impairment meets or medically equals a Listing, disability is conclusively presumed. If not, at step four, the claimant’s RFC is assessed to determine if the claimant can perform physical and mental work activities on a sustained basis despite limitations from his impairments. If so, the claim is denied. If the claimant cannot perform past relevant work, then the burden shifts to the Commissioner at step five to show that the claimant, based on his age, education, work experience, and RFC, can perform other substantial gainful work. See 20 C.F.R. § 404.1512(g). If the claimant cannot perform other work, then he is found to be disabled.

II. The ALJ’s Decision of October 20, 2009

In this case, the ALJ found that the claimant has not been under a disability, as defined in the Social Security Act, since May 23, 2007, the date of alleged onset. Tr. 15. At step one, the ALJ found that the claimant had not engaged in substantial gainful activity since May 23, 2007, the alleged onset date. Tr. 17. At step two, [686]*686he found that at all times relevant to this decision, the claimant had the following severe impairments: lumbar degenerative disc disease, right shoulder rotator cuff tear, diabetes mellitus, and hypertension. Tr. 17.

At step three, the ALJ found that the claimant has not had an impairment that met or medically equaled an impairment listed in 20 C.F.R. § 404.1520(d). Tr. 17. At step four, the ALJ found that Mr. Godfrey has the RFC to perform a narrow range of light work, including: “lifting and carrying, pushing and pulling 20 pounds occasionally and 10 pounds frequently.” Tr. 18. The ALJ found the claimant to be capable of “sitting and standing 6 hours, and walking 6 hours in an 8-hour work day with a sit/stand option.” Id. Finally, he concluded that Mr. Godfrey “is restricted to no reaching overhead with his right upper extremity and he can perform only occasional stooping, crouching, kneeling and crawling,” but that he “has no manipulative, visual, communicative or environmental limitations.” Id. Although the ALJ found that Mr. Godfrey was unable to perform any past relevant work, he did find that, considering the claimant’s age, education, work experience, and RFC, there are jobs that exist in significant numbers in the national economy that the claimant can perform. Tr. 22.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Evangeline Smith v. Michael Astrue
457 F. App'x 326 (Fourth Circuit, 2011)
Edwards v. Bowen
672 F. Supp. 230 (E.D. North Carolina, 1987)

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Bluebook (online)
861 F. Supp. 2d 683, 2012 U.S. Dist. LEXIS 70650, 2012 WL 1859743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godfrey-v-astrue-nced-2012.