Keener v. Colvin

133 F. Supp. 3d 1160, 2015 U.S. Dist. LEXIS 128178, 2015 WL 5613361
CourtDistrict Court, S.D. Indiana
DecidedSeptember 24, 2015
DocketCause No. 1:14-cv-1518-WTL-DKL
StatusPublished

This text of 133 F. Supp. 3d 1160 (Keener v. Colvin) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keener v. Colvin, 133 F. Supp. 3d 1160, 2015 U.S. Dist. LEXIS 128178, 2015 WL 5613361 (S.D. Ind. 2015).

Opinion

ENTRY ON JUDICIAL REVIEW

WILLIAM T. LAWRENCE, District Judge.

Plaintiff Tyler Keener requests judicial review of the final decision of the Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security Administration (“the Commissioner”), discontinuing the Supplemental Security Income Benefits (“SSI”) he received as a child. The Court, having reviewed the record and the briefs of the parties, rules as follows.

I. APPLICABLE STANDARD

Section 1614(a)(3)(H) of the Social Security Act (“the Act”) provides that individuals who receive SSI as children must have their disability redetermined upon attaining the age of eighteen. The disability rules used for adults apply to this determination.

Disability is defined as “the inability to engage in any substantial gainful activity by reason of a medically determinable mental or physical impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of at least twelve months.” 42 U.S.C. § 423(d)(1)(A). In order to be found disabled, a claimant must demonstrate that her physical or [1162]*1162mental limitations prevent her from doing not only her previous work, but any other kind of gainful employment that exists in the national economy, considering her age, education, and work experience. 42 U.S.C. § 423(d)(2)(A).

In determining whether a claimant is disabled, the Commissioner employs a five-step sequential analysis. At step one, if the claimant is engaged in substantial gainful activity, she is not disabled, despite her medical condition and other factors. 20 C.F.R. § 416.920(a)(4)(i). At step two, if the claimant does not have a “severe” impairment (i.e., one that significantly limits her ability to perform basic work activities), she is not disabled. 20 C.F.R. § 416.920(a)(4)(h). At step three, the Commissioner determines whether the claimant’s impairment or combination of impairments meets or medically equals any impairment that appears in the Listing of Impairments, 20 C.F.R. pt. 404, subpt. P, App. 1, and whether the impairment meets the twelve-month duration requirement; if so, the claimant is deemed disabled. 20 C.F.R. § 416.920(a)(4)(iii). At step four, if the claimant is able to perform her past relevant work, she is not disabled. 20 C.F.R. § 416.920(a)(4)(iv). At step five, if the claimant can perform any other work in the national economy, she is not disabled. 20 C.F.R. § 416.920(a)(4)(v).

In reviewing the ALJ’s decision, the ALJ’s findings of fact are conclusive and must be upheld by this Court “so long as substantial evidence supports them and no error of law occurred.” Dixon v. Massanari, 270 F.3d 1171, 1176 (7th Cir.2001). “Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” id., and this court may not reweigh the evidence or substitute its judgment for that of the ALJ. Overman v. Astrue, 546 F.3d 456, 462 (7th Cir.2008). The ALJ is required to articulate only a minimal, but legitimate, justification for his acceptance or rejection of specific evidence of disability. Scheck v. Barnhart, 357 F.3d 697, 700 (7th Cir.2004). In order to be affirmed, the ALJ must articulate his analysis of the evidence in his decision; while he “is not required’to address every piece of evidence or testimony,” he must “provide some glimpse into [his] reasoning ... [and] build an accurate and logical bridge from the evidence to [his] conclusion.” Dixon, 270 F.3d at 1176.

II. PROCEDURAL HISTORY

Tyler Keener received SSI as a child due to his disability; on April 1, 2011, he attained the age of eighteen. On November 17, 2011, it was determined that Keener was not disabled under the rules for adults who file new applications. Keener requested and received a hearing before an Administrative Law Judge (“ALJ”). The hearing, during which Keener was represented by counsel, was held on December 12, 2012. Also present at the hearing either in person or by telephone were Keener’s mother, John A. Pella, M.D., and Jack Thomas, Ph.D., medical experts, and Robert Barber, a vocational expert. ALJ John H. Metz issued his decision on January 15, 2013, finding that Keener’s disability ended on November 17, 2011. After the Appeals Council denied review of the ALJ’s decision, Keener filed this timely appeal.

III. THE ALJ’S DECISION

As noted above, Keener received SSI as a child; upon attaining the age of eighteen, redetermination of his disability found that he was no longer disabled as of November 17, 2011. At steps two and three, the ALJ concluded that since November 17, 2011, Keener had the severe impairments of “ptosis of the bilateral eyes, speech disflu-[1163]*1163ency, social phobia, mild mental retardation, and learning disability,” R. at 30, but that his impairments, singly or in combination, did not meet or medically equal a listed impairment. At step four, the ALJ determined that Keener had

the residual functional capacity (“RFC”) to perform a full range of work at all exertional levels with the following non-exertional limitations: the claimant is limited to an environment that does not require speech as an important component. Additionally, the claimant is restricted from reading very fine print. The claimant could perform tasks that require one to four steps. He is capable of occasional contact with the general public, co-workers, and supervisors. The claimant would require an environment that does not involve frequent changes. Finally, he would need a job where talking to others was not part of the job requirements.

Id. at 32. The ALJ found that Keener had no past relevant work, but at step five, considering Keener’s age, education, work experience, and RFC, the ALJ determined that Keener could perform a range of work that exists in the national economy, namely as an apparel sorter, packing line worker, and housekeeper. Accordingly, the ALJ concluded that Keener’s disability ended on November 17, 2011, and that he had not become disabled again since that date.

IV. EVIDENCE OF RECORD

A. Background

Tyler Keener was born on April 2, 1993. He was six weeks premature and weighed three pounds, nine ounces at birth. His twin brother, Anthony, was born three hours before Keener. Keener was placed on nasogastric tube feedings and an apnea monitor. He remained in the hospital until he was two weeks old.

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133 F. Supp. 3d 1160, 2015 U.S. Dist. LEXIS 128178, 2015 WL 5613361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keener-v-colvin-insd-2015.