Johnson v. Barnhart

268 F. Supp. 2d 1317, 2002 U.S. Dist. LEXIS 26452, 2002 WL 32121773
CourtDistrict Court, M.D. Florida
DecidedOctober 24, 2002
Docket602CV62ORLJGG
StatusPublished
Cited by1 cases

This text of 268 F. Supp. 2d 1317 (Johnson v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Barnhart, 268 F. Supp. 2d 1317, 2002 U.S. Dist. LEXIS 26452, 2002 WL 32121773 (M.D. Fla. 2002).

Opinion

ORDER

GLAZEBROOK, United States Magistrate Judge.

Plaintiff appeals to the district court from a final decision of the Commissioner of Social Security [the “Commissioner”] denying her claim for a period of disability, disability insurance benefits and Supplemental Security Income (SSI) benefits. See Docket (Doc.) No. 1. For the reasons set forth below, the Commissioner’s decision is AFFIRMED.

I. PROCEDURAL HISTORY

On December 30,1999, Plaintiff filed her claim for disability and SSI benefits, claiming disability as of March 15, 1995. 1 R. 61-63, 238-39. On March 22, 2001, the Honorable Ruben O. Figueroa, Administrative Law Judge [“ALJ”], held a twenty-two minute hearing on Plaintiffs claim in Orlando, Florida. R. 34-47. Plaintiff was represented by a non-attorney representative, Janet F. White at the hearing. R. 34. The ALJ heard testimony by Plaintiff.

On June 13, 2001, the ALJ issued his decision that Plaintiff was not entitled to disability and disability insurance benefits. R. 17-25. Following his review of the medical and other record evidence, the ALJ found that Plaintiff retained the residual functional capacity (RFC) to perform the full range of sedentary work. R. 24, Finding 12. Based upon this RFC, and Plaintiffs age, education, and past work experience, the ALJ found that the Medi *1320 cal-Vocational Guidelines (the grids) directed a finding of “not disabled.” R. 24, Finding 13. On November 19, 2001, the Appeals Council denied review. R. 9-11. On December 21, 2001, the Appeals Council vacated its November 2001 denial and issued a new denial of review. 2 R. 6-8.

On January 18, 2002, Plaintiff timely appealed the Appeals Council’s decision to deny review to the United States District Court. Doc. No. 1. On August 16, 2002, Plaintiff filed a memorandum of law in support of her appeal of the denial of review. Doc. No. 16. On September 26, 2002, the Commissioner filed a memorandum in support of her decision that Plaintiff was not disabled. Doc. No. 18. The appeal is ripe for determination.

II. THE PARTIES’ POSITIONS

Plaintiff assigns one error to the Commissioner. As stated by Plaintiff, it is as follows: “the Commissioner failed to carry its burden that Plaintiff could perform alternative work in the national economy. The testimony of a vocational expert should have been elicited for this determination.” Doc. 17 at 12. In Plaintiffs argument, however, she raises a myriad of other issues. First, she contends that the ALJ erred by finding her capable of performing sedentary work after determining that she could not do prolonged walking or standing. Second, she asserts that Dr. Buchoff assigned manipulative limitations, which would have precluded the performance of a full range of sedentary or light work. However, Plaintiff does not claim that the ALJ erred by failing to credit Dr. Buchoffs assigned limitations. Third, Plaintiff claims that the ALJ erred in his pain and credibility analysis in that he did not specifically find her pain was a non-exertional impairment. In footnotes, Plaintiff raises (1) that the ALJ did not specify the weight accorded to Dr. Godle-ski’s opinion; and states (2) that the ALJ discredited Plaintiffs subjective complaints because she routinely walked to a friend’s house and attended church once a week, implying that such disregard was improper.

The Commissioner argues that substantial evidence supports her decision to deny disability. Doc. No. 18. She argues that the ALJ properly applied the grids, in light of the fact that Plaintiffs non-exer-tional impairments did not preclude a wide range of sedentary work. She further asserts that the evidence did not reflect significant manipulative limitations precluding sedentary work. The Commissioner contends that the ALJ was not required to specifically state whether Plaintiffs pain was an “exertional” or “nonexertional” impairment, but was required only to consider the related restrictions, which he did. Lastly, the Commissioner asserts that the ALJ did not err in considering Plaintiffs daily activities, among other factors, when assessing her credibility.

III. THE STANDARD OF REVIEW

A. Affirmance

The Commissioner’s findings of fact are conclusive if supported by substantial evidence. 42 U.S.C. § 405(g). Substantial evidence is more than a scintilla — i.e., the evidence must do more than merely create a suspicion of the existence of a fact, and must include such relevant evidence as a reasonable person would accept as adequate to support the conclusion. Foote v. Chater, 67 F.3d 1553, 1560 (11th Cir.1995), citing Walden v. Schweiker, 672 F.2d 835, 838 (11th Cir.1982) and Richardson v. Pe *1321 rales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); accord, Edwards v. Sullivan, 937 F.2d 580, 584 n. 3 (11th Cir.1991).

Where the Commissioner’s decision is supported by substantial evidence, the district court will affirm, even if the reviewer would have reached a contrary result as finder of fact, and even if the reviewer finds that the evidence preponderates against the Commissioner’s decision. Edwards, 937 F.2d at 584 n. 3; Barnes v. Sullivan, 932 F.2d 1356, 1358 (11th Cir.1991). The district court must view the evidence as a whole, taking into account evidence favorable as well as unfavorable to the decision. Foote, 67 F.3d at 1560; accord, Lowery v. Sullivan, 979 F.2d 835, 837 (11th Cir.1992) (court must scrutinize the entire record to determine reasonableness of factual findings); Parker v. Bowen, 793 F.2d 1177 (11th Cir.1986) (court also must consider evidence detracting from evidence on which Commissioner relied).

B. Reversal and Remand

Congress has empowered the district court to reverse the decision of the Commissioner without remanding the cause. 42. U.S.C. § 405(g)(Sentence Four). The district court will reverse a Commissioner’s decision on plenary review if the decision applies incorrect law, or if the decision fails to provide the district court with sufficient reasoning to determine that the Commissioner properly applied the law. Keeton v. Dep’t of Health and Human Servs., 21 F.3d 1064, 1066 (11th Cir.1994); accord Cornelius v. Sullivan, 936 F.2d 1143, 1145 (11th Cir.1991); Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990).

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Bluebook (online)
268 F. Supp. 2d 1317, 2002 U.S. Dist. LEXIS 26452, 2002 WL 32121773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-barnhart-flmd-2002.