Jordan v. Commissioner, Social Security Administration

CourtDistrict Court, N.D. Texas
DecidedJune 3, 2021
Docket4:20-cv-00598
StatusUnknown

This text of Jordan v. Commissioner, Social Security Administration (Jordan v. Commissioner, Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan v. Commissioner, Social Security Administration, (N.D. Tex. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

DIANA DENISE JORDAN, § § Plaintiff, § § v. § Civil Action No. 4:20-cv-00598-BP § ANDREW SAUL, § Commissioner of Social Security, § § Defendant. §

MEMORANDUM OPINION AND ORDER

Plaintiff Diana Denise Jordan (“Jordan”) filed this action under 42 U.S.C. § 405(g), seeking judicial review of the denial by the Commissioner of Social Security (“Commissioner”) of her application for disability insurance benefits (“DIB”) under Title II of the Social Security Act (“SSA”). ECF No. 1. After considering the pleadings, briefs, administrative record, and applicable legal authorities, the undersigned AFFIRMS the Commissioner’s decision. I. STATEMENT OF THE CASE Jordan was born on March 1, 1961 and has a medical assistant certificate. See Soc. Sec. Admin. R. (hereinafter “Tr.”), ECF No. 16-1 at 48, 66. She applied for DIB on September 28, 2017, alleging that her disability began on June 25, 2014. Tr. 18. When she applied, she was fifty- six years old, which is defined as a person of advanced age. Tr. 66. The Commissioner denied her claim initially on January 17, 2018, and upon reconsideration on May 1, 2018. Tr. 18. Jordan requested a hearing, which was held before Administrative Law Judge (“ALJ”) Carolyn Keen on April 29, 2019, in Dallas, Texas with Jordan and her attorney present. Id. At the hearing Jordan amended her alleged onset date to April 15, 2017. Id. The ALJ issued her unfavorable decision on June 3, 2019, finding that Jordan was not disabled. Tr. 31. Specifically, the ALJ employed the statutory five-step analysis and established during step one that Jordan had not engaged in substantial gainful activity since April 15, 2017, the amended alleged onset date. Tr. 20. At step two, she determined that Jordan had the severe impairments of lumbar degenerative disc disease status-post L4-5 fusion surgery with chronic pain syndrome, cervical degenerative disc disease status-post C5-7 surgery and C4-7 cervical laminectomy and

posterior instrumented fusion, major depressive disorder, single episode, severe, and anxiety. Id. She found that Jordan had a moderate limitation concentrating, persisting, or maintaining pace. Tr. 25. She also found that Jordan had mild limitations in understanding, remembering, or applying information; interacting with others; and adapting or managing oneself. Tr. 25-26. At step three, the ALJ found that Jordan’s impairments did not meet or medically equal two of the “marked” impairments listed in 20 C.F.R. Pt. 404(p). Tr. 25. In particular, she concluded that Jordan retained the residual functional capacity (“RFC”) to perform sedentary work as defined in 20 CFR 404.1567(a) except she can occasionally climb ramps and stairs but never climb ladders, ropes, or scaffolds. She can frequently balance and can occasionally stoop and crouch but no kneeling and crawling due to history of 2015 L4-L5 fusion and 2017 C4-6 fusion. She should avoid exposure to unprotected heights and no work requiring walking on uneven terrain or slippery surfaces. Mentally, she can tolerate routine workplace changes, sustain attention for up to two-hour blocks of time without requiring redirection to task and time off task can be accommodated by normal breaks. She is not required to maintain a production-rate pace such as found in assembly line work.

Tr. 26. At step four, the ALJ determined that Jordan was capable of performing past relevant work as a collection clerk, so a finding of “not disabled” was appropriate. Tr. 29-30. The Appeals Council denied review on April 20, 2020. Tr. 7. Therefore, the ALJ’s decision is the Commissioner’s final decision and is properly before the Court for review. Higginbotham v. Barnhart, 405 F.3d 332, 334 (5th Cir. 2005) (“[T]he Commissioner’s ‘final decision’ includes the Appeals Council’s denial of [a claimant’s] request for review.”). II. STANDARD OF REVIEW Title II, 42 U.S.C. § 404 et seq., of the SSA governs the disability insurance program in addition to numerous regulations concerning disability insurance. See 20 C.F.R. § 404 (2020). The SSA defines a disability as an “inability to engage in 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 12 months . . . .” 42 U.S.C. § 423(d)(1)(A) (2020); Crowley v. Apfel, 197 F.3d 194, 197 (5th Cir. 1999). To determine whether a claimant is disabled and thus entitled to disability benefits, the Commissioner employs a sequential five-step analysis. 20 C.F.R. § 404.1520. First, the claimant must not be engaged in any substantial gainful activity. Id. § 404.1520(a)(4)(i). “‘Substantial gainful activity’ is work activity involving significant physical or mental abilities for pay or profit.” Masterson v. Barnhart, 309 F.3d 267, 271 n.2 (5th Cir. 2002) (citing 20 C.F.R. § 404.1572(a)-(b)). Second, the claimant must have an impairment or combination of impairments that is severe. 20

C.F.R. § 404.1520(a)(4)(ii); see Stone v. Heckler, 752 F.2d 1099, 1100-03 (5th Cir. 1985). Third, disability exists if the impairment or combination of impairments meets or equals an impairment listed in the Listing of Impairments (“Listing”), 20 C.F.R. Part 404, Subpart P, Appendix 1. 20 C.F.R. § 404.1520(a)(4)(iii). Fourth, the impairments must prevent the claimant from returning to past relevant work. Id. § 404.1520(a)(4)(iv). Before this step, the ALJ assesses the claimant’s RFC, which is “the most [a claimant] can still do despite [the claimant’s] limitations.” Perez v. Barnhart, 415 F.3d 457, 461 (5th Cir. 2005); 20 C.F.R. § 416.945(a)(1). Fifth, impairments must prevent the claimant from doing any work after considering the claimant’s RFC, age, education, and work experience. Crowley, 197 F.3d at 197-98; 20 C.F.R. § 404.1520(a)(4)(v). “A finding that a claimant is disabled or is not disabled at any point in the five-step review is conclusive and terminates the analysis.” Lovelace v. Bowen, 813 F.2d 55, 58 (5th Cir. 1987). “The claimant bears the burden of showing [he or] she is disabled through the first four steps of the analysis; on the fifth, the Commissioner must show that there is other substantial work in the national economy that the claimant can perform.” Audler v.

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Jordan v. Commissioner, Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-commissioner-social-security-administration-txnd-2021.