Green v. Colvin

996 F. Supp. 2d 286, 2014 WL 281933
CourtDistrict Court, M.D. Pennsylvania
DecidedJanuary 24, 2014
DocketCivil Action No. 3:12-1575
StatusPublished
Cited by1 cases

This text of 996 F. Supp. 2d 286 (Green v. Colvin) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. Colvin, 996 F. Supp. 2d 286, 2014 WL 281933 (M.D. Pa. 2014).

Opinion

MEMORANDUM

MALACH E. MANNION, District Judge.

The record in this action, (Doc. No. 9), has been reviewed pursuant to 42 U.S.C. § 405(g) to determine whether there is substantial evidence to support the Commissioner’s decision denying the plaintiffs claim for Disability Insurance Benefits (“DIB”) under the Social Security Act, (“Act”). 42 U.S.C. §§ 401^133, 1381-1383f.

I. PROCEDURAL BACKGROUND

Plaintiff Gloria Marie Green protectively applied to the Social Security Administration for DIB under the Act on April 7, 2010. The Administration denied plaintiffs claim on September 8, 2010, finding that plaintiff was not disabled. Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), which was held on July 14, 2011 in Harrisburg, Pennsylvania. (Tr. 27-89). Plaintiff was represent[288]*288ed by counsel. (Tr. 27). In addition to the plaintiffs testimony, (Tr. 38-75), the ALJ heard testimony from a vocational expert (“VE”). (Tr. 75-88). On August 16, 2011, the ALJ found that plaintiff was not disabled within the meaning of the Act. (Tr. 10-25).

Plaintiff requested review of the ALJ’s decision. (Tr. 6-9). On June 15, 2012, the Appeals Council denied the request for review. (Tr. 1-3).2 Thus, the ALJ’s decision became the final decision of the Commissioner. 42 U.S.C. § 405(g). Plaintiff filed the instant appeal of the Commissioner’s decision on August 17, 2012. (Doc. No. 1). The parties have filed briefs in support of their respective positions. (Doc. Nos. 10,13,14).

II. STANDARD OF REVIEW

When reviewing the denial of disability benefits, the court must determine whether the denial is supported by substantial evidence. Brown v. Bowen, 845 F.2d 1211, 1213 (3d Cir.1988); Johnson v. Commissioner of Social Sec., 529 F.3d 198, 200 (3d Cir.2008). Substantial evidence “does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988); Hartranft v. Apfel, 181 F.3d 358, 360. (3d Cir.1999), Johnson, 529 F.3d at 200. It is less than a preponderance of the evidence but more than a mere scintilla. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

To receive disability benefits, the plaintiff must demonstrate an “inability 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 12 months.” 42 U.S.C. § 432(d)(1)(A). Furthermore,

[a]n individual shall be determined to be under a disability only if her physical or mental impairment or impairments are of such severity that she is not only unable to do her previous work but cannot, considering her age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which she lives, or whether a specific job vacancy exists for her, or whether she would be hired if she applied for work. For purposes of the preceding sentence (with respect to any individual), “work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.

42 U.S.C. § 423(d)(2)(A).

III. DISABILITY DETERMINATION PROCESS

A five-step process is required to determine if an applicant is disabled under the Act. The Commissioner must sequentially determine: (1) whether the applicant is engaged in substantial gainful activity; (2) whether the applicant has a severe impair[289]*289ment; (3) whether the applicant’s impairment meets or equals a listed impairment; (4) whether the applicant’s impairment prevents the applicant from doing past relevant work, and; (5) whether the applicant’s impairment prevents the applicant from doing any other work. 20 C.F.R. §§ 404.1520, 416.920.

Here, the ALJ determined that claimant has severe impairments, but retains the residual functional capacity (“RFC”) to perform a full range of work, with certain nonexertional limitations, and that therefore she is not disabled under 20 C.F.R. § 404.1520(g). (Tr. 15-20).

IV. THE ALJ’S DECISION

Using the above-outlined procedure, the ALJ found that plaintiff met the insured status requirements of the Act through December 31, 2012, and that plaintiff had not engaged in substantial gainful activity since January 1, 2010, the alleged onset date. The ALJ found that plaintiff has severe impairments consisting of depressive disorder with psychotic features, post-traumatic stress disorder, substance abuse, panic disorder, attention deficit hyperactivity disorder, and obesity, but that plaintiff did not have an impairment or combination of impairments which met or medically equaled the severity of the listed impairments of 20 C.F.R. Part 404, Subpart B, Appendix 1. The ALJ found that the plaintiff had the RFC to perform a full range of work at all exertional levels, with the non-exertional limitations that the work be unskilled, consist of simple, routine, repetitive tasks with only occasional changes in work setting, involve only occasional interaction with supervisors, and involve no interaction with co-workers or the public. The ALJ also determined that plaintiff has no past relevant work experience, and that she was born on January 27, 1977 and was thirty-two years old at the time of the alleged disability onset date, making her a “younger individual” under 20 C.F.R. § 404.1563. The ALJ additionally found that plaintiff has a high school education and can communicate in English, that transferability of her job skills is not an issue because she does not have past relevant work experience, that jobs which she can perform exist in significant numbers in the national economy, and that she was not disabled as defined by the Act from January 1, 2010 through the date of the ALJ’s decision. (Tr. 15-20).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
996 F. Supp. 2d 286, 2014 WL 281933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-colvin-pamd-2014.