Koelzer v. Berryhill

260 F. Supp. 3d 1158
CourtDistrict Court, D. Alaska
DecidedMay 17, 2017
DocketCase No. 3:16-cv-00087-SLG
StatusPublished

This text of 260 F. Supp. 3d 1158 (Koelzer v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, D. Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koelzer v. Berryhill, 260 F. Supp. 3d 1158 (D. Alaska 2017).

Opinion

DECISION AND ORDER

'Sharon L. Gleason, UNITED STATES DISTRICT JUDGE

Veronica Koelzer filed an application for Disability Insurance Benefits (“disability insurance”) and Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act (“the Act”),1 alleging disability beginning November 1, 2013.2 Ms. Koelzer has exhausted her administrative ' remedies and seeks relief from this Court.3 She argues that the determination by the ‘ Commissioner of the Social Security Administration (“Commissioner”) that she is not disabled, .within the meaning of the Act, is not supported by substantial evidence and that the Administrative Law Judge (“ALJ”) committed legal errors,4 Ms. Koelzer asks for a reversal of the Commissioner’s • decision and a. remand for calculation of benefits.5

The Commissioner filed an answer to the complaint and an answering brief in opposition.6 Oral argument was not requested and was not necessary to the Court’s determination. For the reasons set forth below, Ms. Koelzer’s Motion for Remand at Docket 1 is GRANTED, the Commissioner’s final decision is VACATED, and the case is REMANDED to the Commissioner for the immediate calculation of benefits.

I. STANDARD OF REVIEW

A decision by the Commissioner to deny disability benefits will not be overturned unless it either is not supported by substantial evidence or is based upon legal error.7 “Substantial evidence” has been defined by the United States Supreme Court as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,”8 Such evidence must be “more than a mere scintilla,” but may be “less than a preponderance.”9 In making [1161]*1161its determination, -the Court considers the evidence in its entirety, weighing both the evidence that supports and that which detracts from the ALJ’s conclusion.10 If the evidence is susceptible to more than one rational interpretation, the ALJ’s conclusion must be upheld.11

II. DETERMINING DISABILITY

The Act provides for the payment of disability insurance to individuals who have contributed to the Social Security program and who suffer from a physical or mental disability.12 In-addition, SSI may be available to individuals who are age 65 or older, blind or disabled, but who do not have insured status under the Act.13 Disability is defined in the Act as follows:

[I]nability 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.14

The Act further provides:

An individual shall be determined to be under a disability only if his physical or mental impairments are of such severity that he is not only unable to do his previous, work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be. hired if-he applied' for work. For purposes of the-preceding sentence -(with respect to any individual), “work which exists in the national economy” means work which exists, in significant numbers either in the region where such individual lives or in several regions of the country.15

The Commissioner has established a five-step process for determining disability within the meaning of the Act.16 A claimant bears the burden of proof' at steps - one through four in order to make a prima fade showing of disability17 If a claimant establishes a prima fade case, the burden of proof then shifts to the agency at step five.18 The Commissioner can meet this burden in two ways: “(a) by the testimony of á vocational expert, or (b)'by reference to the Medical-Vocational Guidelines at 20 C.F.R. pt. 404, subpt. P, app. 2.”19 The steps, and. the-ALJ’s findings in this case, are as follows:

Step' 1. Determine whether the claimant is involved in “substantial gainful activity” The ALJ concluded that Ms. Koelzer had not engaged in substantial gainful activity since November 1, 2013,20

Step 2. Determine whether the claimant has a medically severe impairment or com[1162]*1162bination of impairments. A severe impairment significantly limits a claimant’s physical or mental ability to do basic work activities, and does not consider age, education, or work experience. The severe impairment or combination of impairments must satisfy the twelve-month duration requirement. The ALJ determined that Ms. Koelzer has the following severe impairments: post-traumatic stress disorder (“PTSD”), dependent personality disorder, depression, history of mild traumatic brain injury, probable borderline intellectual functioning, hearing loss in the right ear, and obesity. The ALJ found that the following impairments were not severe: GERD and bronchitis. The ALJ also found that the following alleged impairments were not medically determinable: chronic gastroenteritis, ovarian cyst, lymphedema, pelvic inflammatory disease, low back pain with pain and numbness of the left leg, left ankle pain and swelling, and arm pain.21

Step 3. Determine whether the impairment (or combination of impairments) is the equivalent of a number of listed impairments found in 20 C.F.R. pt. 404, subpt. P, app. 1 that are so severe as to preclude substantial gainful activity. If the impairment is the equivalent of one of the listed impairments and meets the twelvemonth duration requirement, the claimant is conclusively presumed to be disabled. If not, the evaluation goes on to the fourth step. The ALJ determined that Ms. Koel-zer does not have an impairment or combination of impairments that meets or medically equals the severity of a listed impairment. The ALJ specifically found that the § 12.05 — Intellectual Disability criteria did not apply.22

Before proceeding to step four, a claimant’s residual functional capacity (“RFC”) is assessed.23 Once determined, the RFC is used at both step four and step five.24 An RFC assessment is a determination of what a claimant is able to do despite his or her physical, mental, or other limitations.25 The ALJ concluded that Ms. Koelzer has the RFC to perform a full range of work at all exertional levels but with the following nonexertional limitations: no climbing of ladders, ropes, or scaffolds; occasional stooping; avoiding concentrated exposure to excessive noise, unprotected heights and hazardous machinery; and with work that is limited to simple, routine and repetitive tasks with only occasional direct interaction with the general public.26

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Bluebook (online)
260 F. Supp. 3d 1158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koelzer-v-berryhill-akd-2017.