Jones v. Astrue

863 F. Supp. 2d 1142, 2012 U.S. Dist. LEXIS 41773, 2012 WL 1036057
CourtDistrict Court, S.D. Alabama
DecidedMarch 27, 2012
DocketCivil Action No. 10-00479-B
StatusPublished
Cited by1 cases

This text of 863 F. Supp. 2d 1142 (Jones v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Astrue, 863 F. Supp. 2d 1142, 2012 U.S. Dist. LEXIS 41773, 2012 WL 1036057 (S.D. Ala. 2012).

Opinion

ORDER

SONJA F. BIVINS, United States Magistrate Judge.

Plaintiff Marilyn M. Jones (“Plaintiff’) brings this action seeking judicial review of a final decision of the Commissioner of Social Security denying her claim for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. On June 22, 2011, the parties consented to have the undersigned conduct any and all proceedings in this case. (Doc. 17). Thus, this case was referred to the undersigned to conduct all proceedings through entry of judgment in accordance with 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73. (Doc. 19). Oral argument was waived. Upon careful consideration of the administrative record and the memoranda of the parties, it is hereby ORDERED that the decision of the Commissioner be AFFIRMED.

[1145]*1145I. Procedural History

Plaintiff protectively filed an application for supplemental security income on February 7, 2007. (Tr. 79-81). Plaintiff alleges that she has been disabled since June 1, 2005, due to diabetes and hypertension. (Tr. 79, 91). Her application was denied at the initial stage (Tr, 48-52), and she filed a timely Request for Hearing before an Administrative Law Judge (“ALJ”). (Tr. 58). On October 24, 2008, Administrative Law Judge Alan E. Michel held an administrative hearing, which was attended by Plaintiff and her attorney. (Tr. 22-45). On November 13, 2008, the ALJ issued an unfavorable decision finding that Plaintiff is not disabled. (Id. at 15-21). Plaintiffs request for review was denied by the Appeals Council (“AC”) on August 18, 2010. (Id. at 1-4, 9-11).

The parties agree that this case is now ripe for judicial review and is properly before this Court pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).

II. Issues on Appeal

A. Whether the ALJ erred by failing to seek the testimony of a vocational expert in light of his finding that Plaintiff can only perform a restricted range of sedentary work.
B. Whether the ALJ erred by failing to consider Plaintiffs obesity as a severe impairment.
C. Whether the ALJ erred by failing to order a consultative neurological examination considering Plaintiffs diagnosis of diabetic neuropathy.

III. Factual Background

Plaintiff was born on July 15, 1961, and was 47 years old at the time of the administrative hearing. (Tr. 30, 47, 86). She has a 12th grade education and completed 2 years of college. (Id. at 30). Plaintiff has worked in the past as a nurse’s assistant and a cafeteria worker. (Id. at 92. 100, 138). Plaintiff reported that she stopped working due to lower back pain. Plaintiff also reported that her feet swells if she stands or walks too long, that her vision gets blurry, and that she has muscle spasms in her chest due to acid reflux. (Id. at 37-39, 91).

Plaintiff testified that she is able to care for her personal needs; however, it takes her a long time to complete some activities such as combing her hair, getting dressed, cooking, etc. (Id. at 34, 114). According to Plaintiff, she can lift 20 pounds and is able to perform some housework, but she has to stop frequently due to fatigue. (Id. at 42). Plaintiff also indicated that her daughter assists her with cooking and the laundry. (Id. at 42). At the time Plaintiff completed her application, she indicated that she was caring for her mother, including bathing her and preparing her food. Plaintiff also indicated that while assisting her mother, her legs and feet would hurt. Plaintiff testified that she has never driven an automobile and that she utilizes public transportation. (Id. at 110-114).

Plaintiff indicated that she takes 12 to 14 medicines1, however, she is not able to afford these medications on a consistent basis. According to Plaintiff, she experiences side effects from her medications that make her drowsy, sleepy, and woozy, and causes her eyes to blur. (Id. at 33-34, 42).

IV. Analysis

A. Standard Of Review

In reviewing claims brought under the Act, this Court’s role is a limited one. The [1146]*1146Court’s review is limited to determining 1) whether the decision of the Secretary is supported by substantial evidence and 2) whether the correct legal standards were applied. Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990).2 A court may not decide the facts anew, reweigh the evidence, or substitute its judgment for that of the Commissioner. Sewell v. Bowen, 792 F.2d 1065, 1067 (11th Cir.1986). The Commissioner’s findings of fact must be affirmed if they are based upon substantial evidence. Brown v. Sullivan, 921 F.2d 1233, 1235 (11th Cir.1991); Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983) (holding substantial evidence is defined as “more than a scintilla but less than a preponderance” and consists of “such relevant evidence as a reasonable person would accept as adequate to support a eonclusion[ ]”). In determining whether substantial evidence exists, a court must view the record as a whole, taking into account evidence favorable, as well as unfavorable, to the Commissioner’s decision. Chester v. Bowen, 792 F.2d 129, 131 (11th Cir.1986); Short v. Apfel, 1999 U.S. Dist. LEXIS 10163 (S.D.Ala.1999).

B. Discussion

An individual who applies for Social Security disability benefits must prove his disability. 20 C.F.R. §§ 404.1512, 416.912. Disability is defined as the “inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. §§ 423(d)(1)(A), 404.1505(a), 416.905(a). The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven her disability. 20 C.F.R. §§ 404.1520, 416.920.3

In the case sub judice,

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863 F. Supp. 2d 1142, 2012 U.S. Dist. LEXIS 41773, 2012 WL 1036057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-astrue-alsd-2012.