Guerrero v. Apfel

69 F. Supp. 2d 1158, 1999 U.S. Dist. LEXIS 15522, 1999 WL 791552
CourtDistrict Court, N.D. Iowa
DecidedSeptember 29, 1999
DocketNo. C 97-3117-MWB
StatusPublished

This text of 69 F. Supp. 2d 1158 (Guerrero v. Apfel) 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
Guerrero v. Apfel, 69 F. Supp. 2d 1158, 1999 U.S. Dist. LEXIS 15522, 1999 WL 791552 (N.D. Iowa 1999).

Opinion

MEMORANDUM OPINION AND ORDER REGARDING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

BENNETT, District Judge.

I. INTRODUCTION

In this action, plaintiff Margarita Guerrero seeks judicial review of a decision of an administrative law judge (ALJ) denying her application for Social Security benefits under Title II (disability insurance (DI)) and Title XVI (supplemental security income (SSI)) of the Social Security Act. Guerrero seeks such benefits from August of 1990, when she suffered a back injury while picking beets as a migrant worker on a farm in Montana. She alleges that she has been disabled since that date by back problems and, more particularly, by pain arising from her back injuries. However, Guerrero was denied DI and SSI benefits at each stage of the Social Security administrative process.1

Dissatisfied with the results of the administrative process, Guerrero filed this action for judicial review on December 1, 1997. This case was referred to Magistrate Judge Zoss on November 17, 1998, for the filing of a Report and Recommendation. Judge Zoss filed such a Report and Recommendation on August 26, 1999. In that Report and Recommendation, Judge Zoss recommended that judgment be entered in favor of the defendant Commissioner on Guerrero’s action for judicial review. Id. at 27-28.

Guerrero filed objections to Judge Zoss’s Report and Recommendation on September 7, 1999, asserting that Judge Zoss’s Report and Recommendation should be rejected, and that the administrative decision should be reversed, on various grounds. This matter is now before the court for review of Judge Zoss’s Report and Recommendation in light of Guerrero’s objections.

II. LEGAL ANALYSIS

The court’s legal analysis begins with consideration of the standards of review applicable to a report and recommendation of a magistrate judge and an ALJ’s denial of Social Security benefits. With those standards in mind, the court will then address Guerrero’s specific objections to [1160]*1160Judge Zoss’s Report and Recommendation.

A. Standards Of Review

1. Review of a report and recommendation

The standard of review to be applied by the district court to a report and recommendation of a magistrate judge is established by statute:

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate [judge].

28 U.S.C. § 636(b)(1). The Eighth Circuit Court of Appeals has repeatedly held that it is reversible error for the district court to fail to conduct a de novo review of a magistrate judge’s report where such review is required. See, e.g., Hosna v. Groose, 80 F.3d 298, 306 (8th Cir.) (citing 28 U.S.C. § 636(b)(1)), cert. denied, 519 U.S. 860, 117 S.Ct. 164, 136 L.Ed.2d 107 (1996); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir.1996) (citing Belk v. Purkett, 15 F.3d 803, 815 (8th Cir.1994)); Hudson v. Gammon, 46 F.3d 785, 786 (8th Cir.1995) (also citing Belk). Because objections have been filed in this case, the court must conduct a de novo review “of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). The court has done so by reviewing the record before Judge Zoss in light of Guerrero’s objections to Judge Zoss’s Report and Recommendation.

2. Review of an administrative denial ofbeneñts

The Eighth Circuit Court of Appeals recently explained the standard for judicial review of an ALJ’s denial of Social Security benefits as follows:

We must uphold the ALJ’s decision if it is supported by substantial evidence. See Metz v. Shalala, 49 F.3d 374, 376 (8th Cir.1995). Our task is not to reweigh the evidence, and we may not reverse the Commissioner’s decision merely because substantial evidence would have supported an opposite conclusion or merely because we would have decided the case differently. See Woolf v. Shalala, 3 F.3d 1210, 1213 (8th Cir.1993); Smith v. Shalala, 987 F.2d 1371, 1374 (8th Cir.1993). In determining whether substantial evidence supports the ALJ’s decision, we must consider evidence in the record that supports the ALJ’s decision as well as evidence that detracts from it. See Brockman v. Sullivan, 987 F.2d 1344, 1346 (8th Cir.1993).

Harwood v. Apfel, 186 F.3d 1039, 1040 (8th Cir.1999); Weiler v. Apfel, 179 F.3d 1107, 1109 (8th Cir.1999) (“We cannot reverse the ALJ’s decision merely because the record contains substantial evidence supporting a contrary outcome.”). “ ‘Substantial evidence is relevant evidence which a reasonable mind would accept as adequate to support the [ALJ’s] conclusion.’ ” Weiler, 179 F.3d at 1109 (citing Pierce v. Apfel, 173 F.3d 704, 706 (8th Cir.1999)). However, the reviewing court “must determine whether the ALJ’s findings are supported by substantial evidence on the record as a whole.” Id. (again citing Pierce, 173 F.3d at 706).

The Eighth Circuit Court of Appeals has also explained how a court is to determine whether the ALJ’s findings “are supported by substantial evidence on the record as a whole”:

In Gavin v. Heckler, 811 F.2d 1195, 1199 (8th Cir.1987), the Court discussed the difference between “substantial evidence” and “substantial evidence on the record as a whole.” “Substantial evidence on the record as a whole” wrote then Chief Judge Lay, “requires a more scrutinizing analysis” than the “substantial evidence” test. The Court went on to say:
[1161]*1161In the review of an administrative decision, “[t]he substantiality of evidence must take into account whatever in the record fairly detracts from its' weight.” Universal Camera Corp. v. National Labor Relations Bd., 340 U.S. 474

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Related

Steadman v. Securities & Exchange Commission
450 U.S. 91 (Supreme Court, 1981)
Bowen v. City of New York
476 U.S. 467 (Supreme Court, 1986)
Richard Joseph Belk v. James D. Purkett
15 F.3d 803 (Eighth Circuit, 1994)
John Hudson v. Tony Gammon
46 F.3d 785 (Eighth Circuit, 1995)

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Bluebook (online)
69 F. Supp. 2d 1158, 1999 U.S. Dist. LEXIS 15522, 1999 WL 791552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerrero-v-apfel-iand-1999.