Jackson v. Colvin

240 F. Supp. 3d 593, 2017 WL 874835, 2017 U.S. Dist. LEXIS 31040
CourtDistrict Court, E.D. Texas
DecidedMarch 6, 2017
DocketCIVIL ACTION NO. 4:16-CV-00124-KPJ
StatusPublished
Cited by2 cases

This text of 240 F. Supp. 3d 593 (Jackson v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Colvin, 240 F. Supp. 3d 593, 2017 WL 874835, 2017 U.S. Dist. LEXIS 31040 (E.D. Tex. 2017).

Opinion

ORDER AND OPINION

KIMBERLY C. PRIEST JOHNSON, UNITED STATES MAGISTRATE JUDGE

On February 17, 2016, Plaintiff Mark David Jackson initiated this civil action pursuant to the Social Security Act (the “Act”), Section 405(g) for judicial review of the Commissioner’s denial of Plaintiffs application for disability insurance benefits (“DIB”). Pursuant to 28 U.S.C. § 636(c), the case was referred to the undersigned for all proceedings and the entry of judgment as a result of the foregoing consent of the parties (Dkt. 13). For the reasons stated herein, the Court finds the decision of the Commissioner is REMANDED.

BACKGROUND

On January 27, 2014, Plaintiff filed an application for DIB under Title II of the Act, alleging an inability to work since February 22, 2012. See Transcript (“Tr.”) at 123. After he was denied at the initial and reconsideration stages of review, Plaintiff requested a hearing before an administrative law judge (“ALJ”). See id. at 65-68, 70-76. Plaintiff attended an administrative hearing before ALJ Michael E. Finnie on June 3, 2015. See id. at 25^12. On September 21, 2015, the ALJ issued an unfavorable decision, finding Plaintiff “not disabled” at all relevant times. See id. at 13-20. On November 17, 2015, Plaintiff requested review before the Appeals Council. See id. at 8.

On January 9, 2016, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the Commissioner’s final decision for purposes of judicial review pursuant to 42 U.S.C. § 405(g). See id. at 1-6. Plaintiff filed a Brief on June 9, 2016 (Dkt. 13). The Commissioner filed a Brief in Support of the Commissioner’s Decision on August 8, 2016 (Dkt. 14).

LEGAL STANDARD

Judicial review of the denial of disability benefits of the Act, 42 U.S.C. § 405(g), is limited to: (1) determining whether the decision is supported by substantial evidence in the record; and (2) whether the proper legal standai-ds were used in evaluating the evidence. See Bowling v. Shalala, 36 F.3d 431, 435 (5th Cir. 1994) (quoting Villa v. Sullivan, 895 F.2d 1019, 1021 (5th Cir. 1990)); Muse v. Sullivan, 925 F.2d 785, 789 (5th Cir. 1991) (per curiam). A finding of no substantial evidence is appropriate only where there is a conspicuous absence of credible choices or no contrary medical evidence. Johnson v. Bowen, 864 F.2d 340, 343-44 (5th Cir. 1988) (citing Homes v. Heckler, 707 F.2d 162, 164 (5th Cir. 1983)). Accordingly, the court may not reweigh the evidence, try the issue de novo, nor substitute the court’s judgment for the Commissioner’s, even if the evidence goes against the Commissioner’s decision. See Bowling, 36 F.3d at 435. Rather, the Commissioner is to decide conflicts in the evidence. See Spellman v. Shalala, 1 F.3d 357, 360 (5th Cir. 1993). A decision on the ultimate issue of whether the plaintiff is disabled, as defined in the Act, rests with the Commissioner. See Newton v. Apfel, 209 F.3d 448, 455-56 (5th Cir. 2000); SSR 96-5p, Fed. Reg. 34471 (July 2, 1996).

[597]*597Substantial evidence requires more than a scintilla but less than a preponderance; there must be enough evidence that a reasonable mind would find it sufficient to support the decision. See Pena v. Astrue, 271 Fed.Appx. 382, 383 (5th Cir. 2008) (citing Falco v. Shalala, 27 F.3d 160, 162 (5th Cir. 1994)). Substantial evidence includes four factors: (1) objective medical facts or clinical findings; (2) diagnoses of examining physicians; (3) subjective evidence of pain and disability; and (4) the plaintiffs age, education, and work history. See Fraga v. Bowen, 810 F.2d 1296, 1302 n.4 (5th Cir. 1987). The Commissioner’s decision must be affirmed if supported by substantial evidence. See Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). However, before the court may affirm the ALJ decision, the court must scrutinize the record and take into account anything that fairly detracts from the substantiality of the evidence supporting the Commissioner’s findings. See Cook v. Heckler, 750 F.2d 391, 393 (5th Cir. 1985). The court may remand: (1) for additional evidence if substantial evidence is lacking; or (2) upon a showing there is new evidence which is material and there is good cause for the failure to incorporate such evidence into the record previously. See 42 U.S.C. § 405(g); Latham v. Shalala, 36 F.3d 482, 483 (5th Cir. 1994).

The plaintiff has the burden of proving a disability. See Wren v. Sullivan, 925 F.2d 123, 125 (5th Cir. 1991). The Act defines “disability” as an “inability to engage in any substantial activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which can be expected to last for a continuous period of not less than twelve (12) months. See 42 U.S.C § 416(i)(1)(A); 42 U.S.C. § 423(d)(1)(A). A “physical or mental impairment” is an anatomical, physiological, or psychological abnormality which is demonstrable by acceptable clinical and laboratory diagnostic techniques. See 42 U.S.C. § 423(d)(2)(A); 42 U.S.C. § 1382c(a)(3)(B).

In order to determine whether a claimant is disabled, the Commissioner must utilize a five-step, sequential process. See Villa, 895 F.2d at 1022. If the Commissioner finds “disabled” or “not disabled” at any step of the sequential process, that ends the inquiry. See id.; Bowling, 36 F.3d at 435. At step one, the Commissioner must determine whether the claimant is currently engaged in substantial gainful activity. At step two, the Commissioner must determine whether one or more of the claimant’s impairments are severe.

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240 F. Supp. 3d 593, 2017 WL 874835, 2017 U.S. Dist. LEXIS 31040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-colvin-txed-2017.