Goodwin v. Astrue

897 F. Supp. 2d 433, 2012 WL 4464908, 2012 U.S. Dist. LEXIS 139045
CourtDistrict Court, S.D. West Virginia
DecidedSeptember 27, 2012
DocketCase No. 2:11-cv-00594
StatusPublished

This text of 897 F. Supp. 2d 433 (Goodwin v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodwin v. Astrue, 897 F. Supp. 2d 433, 2012 WL 4464908, 2012 U.S. Dist. LEXIS 139045 (S.D.W. Va. 2012).

Opinion

MEMORANDUM OPINION

MARY E. STANLEY, United States Magistrate Judge.

This is an action seeking review of the decision of the Commissioner of Social Se[434]*434eurity denying Claimant’s application for Supplemental Security Income (“SSI”), under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383Í. Both parties have consented in writing to a decision by the United States Magistrate Judge.

Plaintiff, Wesley Morris Goodwin (hereinafter referred to as “Claimant”), filed an application for SSI on November 12, 2008, alleging disability as of November 12, 2008, due to amnesia, traumatic brain injury, back and leg problems, arthritis in knees, headaches and hearing problems. (Tr. at 15, 128-33, 147-55, 178-83, 196-200.) The claim was denied initially and upon reconsideration. (Tr. at 15, 68-72, 83-85.) On August 26, 2009, Claimant requested a hearing before an Administrative Law Judge (“ALJ”). (Tr. at 86-87.) The hearing was held on April 19, 2010 before the Honorable Harry C. Taylor, II. (Tr. at 29-65, 97-102, 103-08.) At the conclusion of the hearing, Judge Taylor gave Claimant’s representative an additional ten days in order to submit the results of a neuropsychological examination. (Tr. at 15.) No records were received and the record was closed. Id. By decision dated June 17, 2010, the ALJ determined that Claimant was not entitled to benefits. (Tr. at 15-28.) The ALJ’s decision became the final decision of the Commissioner on August 2, 2011, when the Appeals Council denied Claimant’s request for review. (Tr. at 1-4.) On September 1, 2011, Claimant brought the present action seeking judicial review of the administrative decision pursuant to 42 U.S.C. § 405(g).

Under 42 U.S.C. § 423(d)(5) and § 1382c(a)(3)(H)(i), a claimant for disability benefits has the burden of proving a disability. See Blalock v. Richardson, 488 F.2d 773, 774 (4th Cir.1972). A disability is defined as the inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which ... can be expected to last for a continuous period of not less than 12 months.... ” 42 U.S.C. § 1382c(a)(3)(A).

The Social Security Regulations establish a “sequential evaluation” for the adjudication of disability claims. 20 C.F.R. § 416.920 (2011). If an individual is found “not disabled” at any step, further inquiry is unnecessary. Id. § 416.920(a). The first inquiry under the sequence is whether a claimant is currently engaged in substantial gainful employment. Id. § 416.920(b). If the claimant is not, the second inquiry is whether claimant suffers from a severe impairment. Id. § 416.920(c). If a severe impairment is present, the third inquiry is whether such impairment meets • or equals any of the impairments listed in Appendix 1 to Sub-part P of the Administrative Regulations No. 4. Id. § 416.920(d). If it does, the claimant is found disabled and awarded benefits. Id. If it does not, the fourth inquiry is whether the claimant’s impairments prevent the performance of past relevant work. Id. § 416.920(e). By satisfying inquiry four, the claimant establishes a prima facie case of disability. Hall v. Harris, 658 F.2d 260, 264 (4th Cir.1981). The burden then shifts to the Commissioner, McLain v. Schweiker, 715 F.2d 866, 868-69 (4th Cir.1983), and leads to the fifth and final inquiry: whether the claimant is able to perform other forms of substantial gainful activity, considering claimant’s remaining physical and mental capacities and claimant’s age, education and prior work experience. 20 C.F.R. § 416.920(f) (2011). The Commissioner must show two things: (1) that the claimant, considering claimant’s age, education, work experience, skills and physical shortcomings, has the capacity to perform an alternative job, and (2) that this specific job exists in the na[435]*435tional economy. McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir.1976).

In this particular case, the ALJ determined that Claimant satisfied the first inquiry because he has not engaged in substantial gainful activity since the alleged onset date. (Tr. at 17.) Under the second inquiry, the ALJ found that Claimant suffers from the severe impairments of mood disorder, amnestic disorder, NOS, and chronic back and shoulder pain. (Tr. at 17-18.) At the third inquiry, the ALJ concluded that Claimant’s impairments do not meet or equal the level of severity of any listing in Appendix 1. (Tr. at 18-20.) The ALJ then found that Claimant has a residual functional capacity for sedentary to light work, reduced by nonexertional limitations. (Tr. at 20-27.) Claimant has no past relevant work. (Tr. at 27.) Nevertheless, the ALJ concluded that Claimant could perform jobs such as laundry worker, hand packer, mail room clerk, surveillance systems monitor, and assembler which exist in significant numbers in the national economy. (Tr. at 27-28.) On this basis, benefits were denied. (Tr. at 28.) Scope of Review

The sole issue before this court is whether the final decision of the Commissioner denying the claim is supported by substantial evidence. In Blalock v. Richardson, substantial evidence was defined as

“evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance. If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is ‘substantial evidence.’ ”

Blalock v. Richardson, 483 F.2d 773, 776 (4th Cir.1972) (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)). Additionally, the Commissioner, not the court, is charged with resolving conflicts in the evidence. Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir.1990). Nevertheless, the courts “must not abdicate their traditional functions; they cannot escape their duty to scrutinize the record as a whole to determine whether the conclusions reached are rational.” Oppenheim v. Finch, 495 F.2d 396, 397 (4th Cir.1974).

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897 F. Supp. 2d 433, 2012 WL 4464908, 2012 U.S. Dist. LEXIS 139045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-astrue-wvsd-2012.