Goodman v. Colvin

233 F. Supp. 3d 88, 2017 WL 111728, 2017 U.S. Dist. LEXIS 4168
District Court, District of Columbia·Decided January 11, 2017·No. Civil Case No. 1:14-cv-996 (RJL-GMH)·Published·Cited by 30 cases

Opinion

MEMORANDUM OPINION

RICHARD J. LEON, United States District Judge

On June 6, 2016, Magistrate Judge G. Michael Harvey’s [15] Report and Recommendation was entered. The parties then had 14 days to file objections to the recommendations made by the Magistrate Judge. Fed. R. Civ. P. 59(b)(2). No objections have been filed as of this date. Upon careful consideration of the record in this case and of Magistrate Judge Harvey’s [15] Report and Recommendation, the Court ADOPTS and ACCEPTS the Report and Recommendation in full.

Accordingly, the Court shall GRANT defendant’s [13] Motion for Judgment of Af-firmance and shall DENY plaintiffs [12] Motion for Judgment of Reversal. The Court shall affirm the Commissioner’s decision in this matter and this case shall be dismissed in its entirety. An appropriate Order accompanies this Memorandum Opinion.

ORDER

For the reasons stated in the accompanying Memorandum Opinion issued this day, it is hereby

ORDERED that Magistrate Judge G. Michael Harvey’s [15] Report and Recommendation is ADOPTED and ACCEPTED in full, and it is further ORDERED that plaintiffs [12] Motion for Judgment of Reversal is DENIED, and it is further

ORDERED that defendant’s [13] Motion for Judgment of Affirmance is GRANTED and that the Commissioner’s decision in this matter is AFFIRMED, and it is further

ORDERED that this case is dismissed in its entirety.

SO ORDERED.

REPORT AND RECOMMENDATION

G. MICHAEL HARVEY UNITED STATES MAGISTRATE JUDGE

This matter was referred to the undersigned for a Report and Recommendation. In this action, Plaintiff Alison Goodman seeks reversal of a decision of the Commissioner of Social Security denying her benefits pursuant to the Social Security Act, 42 U.S.C. § 405(g). Before the undersigned are Plaintiffs motion for judgment of reversal and Defendant’s motion for judgment of affirmance. Plaintiff claims that the administrative law judge (“ALJ”) erred in determining Plaintiffs residual functional capacity (“RFC”) by failing to properly perform a function-by-function assessment of Plaintiffs ability to perform the physical demands of work. Upon review of the entire record,1 the undersigned recommends that Plaintiffs motion be denied and Defendant’s motion be granted.

BACKGROUND

A. Legal Framework for Social Security Disability Claims

To be eligible for disability benefits under the Social Security Act, a claimant must be found to be “disabled” by the Social Security Administration (“SSA”). 42 U.S.C. § 423(a). In most cases, to deter[94] mine whether a claimant is disabled within the meaning of the Act, an ALJ gathers evidence, holds a hearing, takes testimony, and performs a five-step legal evaluation of the claimant using that evidence. 20 C.F.R. § 404.1520. Specifically, the ALJ must determine whether: (1) the claimant is “presently engaged in substantial gainful activity”; (2) the claimant has a "medically severe impairment or impairments”; (3) the claimant’s impairment is equivalent to one of the impairments listed in the appendix of the relevant disability regulation; (4) the impairment prevents the claimant from performing his past relevant work; and (5) the claimant, in light of his age, .education, work experience, and residual functional capacity (“RFC”), can still perform another job that is available in the national economy. Id. The claimant bears the burden of proof in the first four steps of the evaluation. Callahan v. Astrue, 786 F. Supp. 2d 87, 89 (D.D.C. 2011). At step fjve, however, the burden shifts to the Commissioner to identify specific jobs available in the national economy that the claimant, can perform. Id. In making this determination, an ALJ may call a vocational expert (“VÉ”) to testify as to whether a claimant can perform other work that exists iii the national economy. Id. at 90.

The parties’ dispute here focuses on determination of Plaintiffs RFC. Stated simply, a RFC represents the most a claimant is able to do notwithstanding his physical or mental limitations. See Butler v. Barnhart; 353 F.3d 992, 1000 (D.C. Cir. 2004). According to Social Security Ruling (“SSR”) 96-8p, the “RFC is an administrative assessment of the extent to which an individual’s medically determinable impairments), including any related symptoms, such as pain, may cause physical or mental limitations or restrictions that may affect his or her capacity to do work-related physical and mental activities” in a work setting for. eight hours per day, five days a week, or an equivalent work schedule. Titles II & XVI: Assessing Residual Functional Capacity in Initial Claims, SSR 96-8p, 1996 WL 374184, at *2 (S.S.A. July 2, 1996).2 Developing an RFC entails a “function-by-function assessment” into a claimant’s ability to do work based on all of the relevant medical and nonmedical evidence. Id. at *3.

At the initial and reconsideration stages of a disability claim review, where a disability determination is made by a State agency medical consultant and disability examiner, as was the case here, the State agency medical consultant is responsible for assessing the claimant’s RFC based on the medical and nonmedical evidence in its files. 20 C.F.R. § 404.1546(a). At the administrative law hearing stage, responsibility shifts to the ALJ to assess a claimant’s RFC and disability. Id. § 404.1546(c). In assessing a claimant’s RFC, the ALJ is not bound by State agency consultant’s findings. Id. § 404.1527(e)(2)(i)—(ii). Rather, the ALJ must consider those findings as opinion evidence along with all other evidence in the claimant’s record bearing on the claimant’s RFC. Id. § 404.1512.

In setting forth an RFC determination, the ALJ “must include a narrative discussion” describing (1) how both medical and nonmedical evidence supports the RFC determination and (2) the credibility of the claimant’s symptoms. SSR 96-8p, 1996 WL 374184, at *7; Porter v. Colvin, 951 F. Supp. 2d 125, 131 (D.D.C. 2013). Ultimately, the ALJ’s RFC assessment of a claimant “must be based on ah of the relevant evidence in the case record.” SSR 96-8p, [95] 1996 WL 374184, at *2 (emphasis in original).

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Goodman v. Colvin, 233 F. Supp. 3d 88, 2017 WL 111728, 2017 U.S. Dist. LEXIS 4168 (D.D.C. 2017).

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