Hill v. Social Security Administration, Commissioner

CourtDistrict Court, N.D. Alabama
DecidedSeptember 1, 2020
Docket4:19-cv-01081
StatusUnknown

This text of Hill v. Social Security Administration, Commissioner (Hill v. Social Security Administration, Commissioner) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. Social Security Administration, Commissioner, (N.D. Ala. 2020).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

FRANCINE HILL, ) ) Plaintiff, ) ) vs. ) 4:19-cv-01081-LSC ) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM OF OPINION

I. Introduction The plaintiff, Francine E. Hill (“Hill”), appeals from the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her applications for a period of disability and Disability Insurance Benefits (“DIB”). Hill timely pursued and exhausted her administrative remedies, and the decision of the Commissioner is ripe for review pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3). Hill was 53 years old at the time of the Administrative Law Judge’s (“ALJ’s”) decision. (Tr. at 36.) She has an eleventh-grade education and a GED. (Id.) Her past work experiences include employment as a household appliance sales representative at Lowe’s Home Improvement and as a pairer in hosiery mills. (Tr. at 34, 37, 245.) Hill claims that she became disabled on December 9, 2016, due to heart problems, diabetes, high blood pressure, possible kidney failure, left-hand tendinitis, left-hand

carpal tunnel syndrome, left shoulder problems, left knee rheumatoid arthritis, a cyst on the back of her left knee, plantar fasciitis in the left foot, hidradenitis suppurativa,

peripheral artery disease, and edema in both legs and feet. (Tr. at 184, 199-205, 227.) The Social Security Administration has established a five-step sequential evaluation process for determining whether an individual is disabled and thus eligible

for DIB. See 20 C.F.R. §§ 404.1520, 416.920; see also Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir. 2001). The evaluator will follow the steps in order until making a finding of either disabled or not disabled; if no finding is made, the analysis will

proceed to the next step. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The first step requires the evaluator to determine whether the plaintiff is engaged in substantial gainful activity (“SGA”). See id. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i).

If the plaintiff is not engaged in SGA, the evaluator moves on to the next step. The second step requires the evaluator to consider the combined severity of the plaintiff’s physical and mental medically determinable impairments. See id. §§

404.1520(a)(4)(ii), 416.920(a)(4)(ii). An individual impairment or combination of impairments that is not classified as “severe” and does not satisfy the durational requirements set forth in 20 C.F.R. §§ 404.1509 and 416.909 will result in a finding of not disabled. See 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). The decision depends on the medical evidence contained in the record. See Hart v. Finch, 440

F.2d 1340, 1341 (5th Cir. 1971) (concluding that “substantial medical evidence in the record” adequately supported the finding that the plaintiff was not disabled).

Similarly, the third step requires the evaluator to consider whether the plaintiff’s impairment or combination of impairments meets or is medically equal to the criteria of an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1.

See 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the criteria of a listed impairment and the durational requirements set forth in 20 C.F.R. §§ 404.1509 and 416.909 are satisfied, the evaluator will make a finding of disabled. 20 C.F.R. §§

404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the plaintiff’s impairment or combination of impairments does not meet or medically equal a listed impairment, the evaluator must determine the plaintiff’s residual functional capacity (“RFC”) before

proceeding to the fourth step. See id. §§ 404.1520(e), 416.920(e). The fourth step requires the evaluator to determine whether the plaintiff has the RFC to perform the requirements of her past relevant work. See id. §§

404.1520(a)(4)(iv), 416.920(a)(4)(iv). If the plaintiff’s impairment or combination of impairments does not prevent her from performing her past relevant work, the evaluator will make a finding of not disabled. See id. The fifth and final step requires the evaluator to consider the plaintiff’s RFC, age, education, and work experience in order to determine whether the plaintiff can

make an adjustment to other work. See id. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). If the plaintiff can perform other work, the evaluator will find her not disabled. Id.;

see also 20 C.F.R. §§ 404.1520(g), 416.920(g). If the plaintiff cannot perform other work, the evaluator will find her disabled. 20 C.F.R. §§ 404.1520(a)(4)(v), 404.1520(g), 416.920(a)(4)(v), 416.920(g).

Applying the sequential evaluation process, the ALJ found that Hill meets the insured status requirements of the Social Security Act through September 30, 2022. (Tr. at 20.) The ALJ further determined that Hill has not engaged in SGA since

December 9, 2016, the alleged onset date of her disability. (Id.) Next, the ALJ found that Hill has the following medically determinable impairments: hypertension, diabetes mellitus, atypical chest pain/angina pectoris, minimal degenerative disc

disease of the left knee and left ankle, a cyst on the left foot/plantar fasciitis in the left foot, hidradenitis suppurativa, peripheral artery disease, and edema in both legs and feet (Id.) However, the ALJ found these impairments or a combination of these

impairments have not significantly limited (or are expected to significantly limit) Hill’s ability to perform basic work-related activities for 12 consecutive months. (Tr. at 21.) Therefore, the ALJ determined that Hill does not have a severe impairment or combination of impairments as defined by the regulations. (Id.) The ALJ concluded his findings by stating that Hill “has not been under a disability, as defined

in the Social Security Act, from December 9, 2016, through the date of this decision.” (Tr. at 23.)

II. Standard of Review This Court’s role in reviewing claims brought under the Social Security Act is a narrow one. The scope of its review is limited to determining (1) whether there is

substantial evidence in the record as a whole to support the findings of the Commissioner, and (2) whether the correct legal standards were applied. See Stone v. Comm’r of Soc. Sec., 544 F. App’x 839, 841 (11th Cir. 2013) (citing Crawford v.

Comm’r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004)).

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