Jack v. Commissioner, Social Security Administration

675 F. App'x 887
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 11, 2017
Docket16-11061 Non-Argument Calendar
StatusUnpublished
Cited by4 cases

This text of 675 F. App'x 887 (Jack v. Commissioner, Social Security Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jack v. Commissioner, Social Security Administration, 675 F. App'x 887 (11th Cir. 2017).

Opinion

PER CURIAM:

Todd Jack, proceeding pro se, appeals the district court’s order reversing the Administrative Law Judge’s denial of his application for disability insurance benefits under 42 U.S.C. § 405(g) and remanding for further administrative proceedings. Mr. Jack argues that the district court erred by remanding the case rather than ordering the immediate payment of benefits. After careful review of the record and the parties’ briefs, we affirm.

I

Because we write for the parties, we assume their familiarity with the underlying record and recite only what is necessary to resolve this appeal.

In December of 2011, Mr. Jack filed an application for Social Security disability benefits, Mr. Jack alleged that he became disabled in January' of 2011 due to partial blindness in his right eye, a physical impairment involving his back, and a psychological impairment following his service in the Navy. 1

After his initial and reconsideration applications were denied, Mr. Jack requested a hearing before an ALJ which took place in June of 2014. The ALJ held a video hearing and found that Mr. Jack had the following medically determinable impairments: “presbyopia and strabismus of his eyes, with corrected visual acuity of 20/70 in the right eye and 20/40 in the left eye.” ALJ Decision at 4. The ALJ listed the five steps in the sequential evaluation process, see 20 C.F.R. § 404.1520(a)(4)(i)-(v), but he stopped at step two because following his review of the record, Mr. Jack “ha[d] adequate vision in the right eye.” See ALJ Decision at 1-2. In reaching his decision, the ALJ considered Mr. Jack’s testimony, the opinions of two treating physicians, the opinions of the state agency’s medical consultants, and the medical record as a whole. The ALJ discounted both treating physicians’ reports that indicated that Mr. Jack had a visual disability because the reports were inconsistent with the doctors’ previous medical findings. The ALJ declined to obtain an additional vision examination because the record supported a finding that Mr. Jack was not disabled; his visual impairment was not so severe as to interfere with basic work activities. See id. at 8.

The ALJ also decided not to obtain a psychological- evaluation or list a psychological impairment because Mr. Jack had not previously presented evidence of PTSD or mental health treatment. Similarly, the ALJ observed that Mr. Jack’s allegations of disabling back pain were not supported by objective medical evidence. The ALJ noted that Mr.’Jack was treated sparingly for back pain with over-the-counter anti-inflammatory medications and four weeks of physical therapy, that Mr, Jack had previously reported only mild back *889 pain, and that the record lacked objective evidence such as x-ray or MRI imaging. See id. at 4.

The ALJ did not consider whether Mr. Jack could perform any past relevant work based on his residual functioning capacity, age, and education. Although the ALJ indicated that he had a vocational expert available to testify by phone, he did not require that testimony or consider whether there are jobs in the national economy that a person of Mr. Jack’s capacities could perform because he did not reach step four and five of the sequential evaluation process. Accordingly, the ALJ found that Mr. Jack was not disabled and issued an unfavorable decision.

The Appeals Council denied Mr. Jack’s request for review of the ALJ’s unfavorable decision. Mr. Jack filed suit in the district court, and a magistrate judge recommended that the ALJ’s unfavorable decision be affirmed as to its findings regarding Mr. Jack’s alleged PTSD and back injury and reversed as to the ALJ’s conclusion that Mr. Jack’s alleged visual impairment was not “severe.” By adopting the magistrate judge’s report and recommendation, the district court agreed that Mr. Jack’s visual limitations were not so trivial as to allow the ALJ to end the analysis at step two of the sequential evaluation. Mr. Jack appeals the district court’s partially favorable decision and asserts that he was entitled to an immediate award of disability benefits,

II

When a district court remands a Social Security case “to the agency for further proceedings, [that decision] is a ‘final judgment’ for purposes of [28 U.S.C.] § 1291 and it is, therefore, appealable,” Forney v. Apfel, 524 U.S. 266, 269, 118 S.Ct. 1984, 141 L.Ed.2d 269 (1998). Under limited circumstances, we “may reverse the judgement of the district court and remand the case for an entry of an order awarding disability benefits where the [Commissioner] has already considered the essential evidence and it is clear that the cumulative effect of the evidence establishes disability without any doubt.” Davis v. Shalala, 985 F.2d 528, 534 (11th Cir. 1993).

We have not addressed the appropriate standard of review in a case where, as here, a district court exercises its authority to reverse and remand to the Secretary under 42 U.S.C. § 405(g). The Seventh, Eighth, and Ninth Circuits have determined that a district court’s decision to exercise that authority should be reviewed for abuse of discretion. See Nelson v. Apfel, 210 F.3d 799, 801 (7th Cir. 2000); Higgins v. Apfel, 222 F.3d 504, 505 (8th Cir. 2000); Harman v. Apfel, 211 F.3d 1172, 1173 (9th Cir. 2000). The First Circuit, however, conducts de novo review because the remedy under § 405(g) largely depends on “the type of error made by the ALJ or Commissioner.” See Seavey v. Barnhart, 276 F.3d 1, 9 (1st Cir. 2001). We need not address the proper standard here because, even if the more favorable de novo standard applied, we would nevertheless affirm on the record before us.

Generally, when an ALJ denies benefits and the Appeals Council denies review, we review the ALJ’s decision as the Commissioner’s final decision. See Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir. 2001). We review the Commissioner’s decision to determine if it is supported by substantial evidence, see Crawford v. Comm’r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004), and we review de novo the district court’s decision as to whether substantial evidence supports the Commissioner’s decision. See Wilson v.

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675 F. App'x 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-v-commissioner-social-security-administration-ca11-2017.