Holland v. Massanari

152 F. Supp. 2d 929, 2001 U.S. Dist. LEXIS 10385, 2001 WL 826045
CourtDistrict Court, W.D. Tennessee
DecidedJuly 13, 2001
Docket00-3016-D/V
StatusPublished

This text of 152 F. Supp. 2d 929 (Holland v. Massanari) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Massanari, 152 F. Supp. 2d 929, 2001 U.S. Dist. LEXIS 10385, 2001 WL 826045 (W.D. Tenn. 2001).

Opinion

ORDER DENYING PLAINTIFF’S APPEAL OF SECRETARY’S DECISION TO DENY PLAINTIFF DISABILITY BENEFITS

DONALD, District Judge.

Plaintiff Brenda J. Holland (“Holland”) appeals the denial of benefits by Defendant, Larry G. Massanari, 1 Commissioner of Social Security (“Secretary”). The Administrative Law Judge (“ALJ”) found that Holland’s impairments did not preclude her from performing a full range of light work, and she was therefore not disabled. Holland asserts that the ALJ (1) erred in concluding her impairments did not meet the requirements of Appendix 1, Part 404, Subpart P (“the listings”), (2) failed to give the opinions of her treating physicians proper weight, (3) failed to consider Holland’s non-exertional limitations in determining her ability to perform work in the national economy, and (4) failed to give perceptive weight to the lay testimony of Holland’s witness. The Court has jurisdiction under 42 U.S.C. § 405(g). For the reasons herein, the Court DENIES Holland’s appeal and affirms the Secretary’s determination that Holland is not disabled. 2

I. Factual and Procedural Background

On December 17, 1997, Holland filed for Supplemental Security Income (“SSI”), claiming a disability onset date of January 1, 1995 due to bronchiectasis, chronic obstructive pulmonary disease, immunodeficiency IgA, and scoliosis. Her application was denied, as was her request for reconsideration. After a hearing, ALJ Larry B. Creson issued a decision denying benefits on May 19, 2000, which the Appeals Council affirmed on August 25, 2000.

II. Standard of reviewing ALJ decision

The standard of review for an appeal of this nature is for the reviewing court to determine if the decision is supported by substantial evidence. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Barker v. Shalala, 40 F.3d 789, 794 (6th Cir.1994); Stanley v. Secretary of Health & Human Semces, 39 *933 F.3d 115, 117 (6th Cir.1994). Also, the reviewing court is authorized to ensure that the correct legal standards were employed. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Cutlip v. Secretary of Health & Human Services, 25 F.3d 284, 286 (6th Cir.1994); handsaw v. Secretary of Health & Human Services, 803 F.2d 211, 213 (6th Cir.1986). The reviewing court, however, does not resolve conflicts in the evidence or decide questions of credibility. Bradley v. Secretary of Health and Human Services, 862 F.2d 1224, 1228 (6th Cir.1988).

III. Analysis

The Social Security Act requires the Secretary to follow a “five-step sequential process” for claims of disability. Abbott v. Sullivan, 905 F,2d 918, 923 (6th Cir.1990); Heston v. Comm’r of Soc. Sec., 245 F.3d 528, 534 (6th Cir.2001). The ALJ must evaluate whether (1) the claimant is currently engaged in substantial gainful activity; (2) the claimant has a severe impairment; (3) the impairment is a “listed” disability; (4) the impairment prevents the claimant from performing past relevant work; and (5) the impairment prevents the claimant from doing other work. 20 C.F.R. § 416.920; Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 2290-92, 96 L.Ed.2d 119 (1987). The first four steps are the claimant’s burden to prove. In the fifth and last step, the burden shifts to the Secretary, who must show that the claimant can perform other work in the national economy. Price v. Heckler, 767 F.2d 281, 284 (6th Cir.1985).

In the present case, the ALJ found that Holland has not engaged in substantial gainful activity since her alleged onset date. Further, the ALJ determined that Holland suffers from severe impairments. At the third step, the ALJ determined, without apparent explanation, that Holland’s .impairments did not meet the listings. Finding the fourth step inapplicable to Holland, due to her lack of work history, the ALJ proceeded to the fifth and final step. After assessing Holland’s residual functional capacity (“RFC”), the ALJ determined that Holland could perform light work, and that her ability to work was not restricted by any non-exertional impairments.

A. The listings

Holland contends that substantial evidence does not support the ALJ’s finding that her impairments do not meet the listings. Under the listings, if a claimant’s impairment satisfies the requirements of a listed impairment, the Secretary will find the claimant disabled without considering age, education, and work experience. Johnson v. Secretary of HHS, 794 F.2d 1106, 1110 (6th Cir.1986). The ALJ must consider whether the claimant’s impairment, singly or in combination with another impairment, medically or functionally equals the listings. 20 C.F.R. § 416.924(a). In determining whether an impairment meets the listings, the ALJ must consider all the relevant evidence. Fargnoli v. Massanari, 247 F.3d 34, 41 (3rd Cir.2001); Drapeau v. Massanari, 255 F.3d 1211, 1213 (10th Cir.2001).

When the evidence presents conflicting probative evidence, the ALJ must explain why that conflicting evidence was not credited. Fargnoli, 247 F.3d at 42; Cotter v. Harris, 642 F.2d 700, 705 (3rd Cir.1981). In Cotter, for example, the ALJ indicated evidence in support of his finding that the claimant was not disabled, but neglected to explain why he rejected evidence in the claimant’s favor. Accordingly, the court in

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Sullivan v. Zebley
493 U.S. 521 (Supreme Court, 1990)
Ruby E. Heston v. Commissioner of Social Security
245 F.3d 528 (Sixth Circuit, 2001)
United States v. Eldred
933 F.3d 110 (Second Circuit, 2019)
Harris v. Heckler
756 F.2d 431 (Sixth Circuit, 1985)

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Bluebook (online)
152 F. Supp. 2d 929, 2001 U.S. Dist. LEXIS 10385, 2001 WL 826045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-massanari-tnwd-2001.