Irizarry v. Apfel

994 F. Supp. 106, 1998 U.S. Dist. LEXIS 1480, 1998 WL 56109
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 3, 1998
DocketNo. CIV. 97-1395 (JP)
StatusPublished

This text of 994 F. Supp. 106 (Irizarry v. Apfel) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Irizarry v. Apfel, 994 F. Supp. 106, 1998 U.S. Dist. LEXIS 1480, 1998 WL 56109 (prd 1998).

Opinion

OPINION AND ORDER

PIERAS, District Judge.

I. INTRODUCTION AND BACKGROUND

Plaintiff brings this action under 42 U.S.C. § 405(g), appealing from the final decision of the Secretary of Health and Human Services denying Plaintiffs request for Social Security disability insurance under 42 U.S.C. § 423 and a period of disability under 42 U.S.C. § 416(i). Because the Court finds substantial evidence in the record supporting the Secretary’s denial, the Court hereby AFFIRMS the Secretary’s decision, and this appeal is DISMISSED.

Plaintiff, Marcelina Irizarry, a fifty year old woman with a twelfth-grade education, applied for benefits on June 4, 1993, alleging that she had been unable to work since January 1, 1993, at age 45, due to an asthmatic condition and several less severe ailments. Her application was denied initially and on reconsideration. On October 19, 1994, the Social Security Administration received Plaintiffs request for a hearing by an Administrative Law Judge (“ALJ”). On July 13, 1995, ALJ Marta Ramirez heard testimony from a vocational expert and accepted documentary evidence. Plaintiff, who waived her right to be present at the hearing, was represented by her attorney. On October 25, 1995, the ALJ issued her decision. She found that the plaintiff was not under a disability within the meaning of the Social Security Act on or before the date of the decision. Her Decision was affirmed by the Appeals Council on January 17, 1997, at which time his findings became the agency’s. On March 19, 1997, Plaintiff appealed to this Court to overturn the agency’s decision or remand her case for reconsideration on the basis that the findings of the ALJ were not supported by substantial evidence.

II. LEGAL FRAMEWORK

“Every individual who is insured for disability insurance benefits, has not attained retirement age, has filed an application for disability insurance benefits, and is under a disability shall be entitled to a disability insurance benefit.” 42 U.S.C. § 423(a). Of course, in determining an applicant’s eligibility for benefits under this section, the major consideration is whether the individual is disabled. The Code specifically delineates the boundaries of this determination. For the purposes of this section, “[t]he term ‘disability’ means inability to engage in any substantial gainful activity by reason of 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. § 423(d)(1)(A). Moreover,

[a]n individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work, but cannot, considering his 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 he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.

42 U.S.C. § 423(d)(2)(A). Finally,

[i]n determining whether an individual’s physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments [108]*108could be the basis of eligibility under this section, the Commissioner of Social Security shall consider the combined effect of all of the individual’s impairments without regard to whether any such impairment, if considered separately, would be of such severity. If the Commissioner of Social Security does find a medically severe combination of impairments, the combined impact of the impairments shall be considered throughout the disability determination process.

42 U.S.C. § 423(d)(2)(B).

“The term ‘period of disability’ means a continuous period ... during which an individual was under a disability ... but only if such period is of not less than five full calendar months’ duration or such individual was entitled to benefits under section 423 of this title for one or more months in such period.” 42 U.S.C. § 416(i).

In considering an application for a period of disability or disability insurance benefits, the Secretary is charged with executing a five step algorithm. Specifically, the agency asks the following five questions:

First, is the claimant currently employed? If he is, the claimant is automatically considered not disabled.
Second, does the claimant have a severe impairment? A “severe impairment” means an impairment “which significantly limits his or her physical or mental capacity to perform basic work related functions.” If the claimant does not have an impairment of at least this degree of severity, he is automatically considered not disabled.
Third, does the claimant have an impairment equivalent to a specific list of impairments contained in the regulations’ Appendix 1? If the claimant has an impairment of so serious a degree of severity, the claimant is automatically found disabled.
These first three tests are “threshold” tests. If the claimant is working or has the physical or mental capacity to perform “basic work-related functions,” he is automatically considered not disabled. If he has an Appendix 1-type impairment, he is automatically considered disabled. In either ease, his claim is determined at the “threshold.” If, however, his ability to perform basic work-related functions is impaired significantly (test 2) but there is no Appendix 1 impairment (test 3), the SSA goes on to ask the fourth question:
Fourth, does the claimant’s impairment prevent him from performing work of the sort he has done in the past? If not, he is not disabled. If so, the agency asks the fifth question.
Fifth, does the claimant’s impairment prevent him from performing other work of the sort found in the economy? If so, he is disabled; if not, he is not disabled.

Goodermote v. Secretary of Health and Human Services, 690 F.2d 5, 7 (1st Cir.1982). Here, Plaintiff specifically alleges that the Secretary’s decision under the fifth step— that through the date of the ALJ’s decision, Plaintiff retained the residual ability to perform a significant number of jobs in the national economy and was therefore not disabled — was not based on substantial evidence in the record, and should therefore be overturned.

III. THE AGENCY FINDINGS

The ALJ made the following findings:

1.

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Bluebook (online)
994 F. Supp. 106, 1998 U.S. Dist. LEXIS 1480, 1998 WL 56109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irizarry-v-apfel-prd-1998.