Lehman v. Astrue

931 F. Supp. 2d 682, 2013 WL 687088, 2013 U.S. Dist. LEXIS 25334
CourtDistrict Court, D. Maryland
DecidedFebruary 22, 2013
DocketCivil No. SKG-10-2160
StatusPublished
Cited by13 cases

This text of 931 F. Supp. 2d 682 (Lehman v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lehman v. Astrue, 931 F. Supp. 2d 682, 2013 WL 687088, 2013 U.S. Dist. LEXIS 25334 (D. Md. 2013).

Opinion

MEMORANDUM OPINION

SUSAN K. GAUVEY, United States Magistrate Judge.

Plaintiff, Kearon Lehman, by his attorneys, Frederick A. Raab, and Mignini & Raab LLP, filed this action seeking judicial review, pursuant to 42 U.S.C. § 405(g), of the final decision of the Commissioner of the Social Security Administration (“the Commissioner”), who denied plaintiffs claim for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (“the Act”). 42 U.S.C. § 405(g). This ease has been referred to the undersigned magistrate judge by consent of the parties pursuant to 28 U.S.C. § 636(c) and Local Rule 301. (ECF No. 5; ECF No. 7).

Currently pending before the Court are cross motions for summary judgment. (ECF No. 24; ECF No. 26-1). No hearing is necessary. Local Rule 105.6. For the reasons that follow, the Court hereby DENIES plaintiffs motion for summary judgment (ECF No. 14), DENIES defendant’s motion for summary judgment (ECF No. 17), and REMANDS this case for further proceedings consistent with this opinion.

I. PROCEDURAL HISTORY

Plaintiff filed an application for DIB on August 14, 2007, alleging that he became disabled on November 1, 2002 due to back, carpal tunnel, and circulatory problems. (R. 106, 131). Plaintiffs application was denied both initially and on reconsideration. (R. 67, 73). Plaintiff requested and received an administrative hearing, held on May 19, 2009, at which he was represented by an attorney. (R. 23). The ALJ issued [686]*686a decision on July 20, 2009, finding that plaintiff was not disabled. (R. 10). The Appeals Council denied plaintiffs request for review on July 15, 2010. The ALJ’s opinion is therefore the final decision of the agency. Plaintiff filed this action seeking review of that final decision pursuant to 42 U.S.C. § 405(g) on August 6, 2010.

II. Factual Background

The Court has reviewed the Commissioner’s Statement of Facts and, finding that it accurately represents the record, hereby adopts it. (ECF No. 26-1, 2-5).

III. ALJ’s FINDINGS

In evaluating plaintiffs claim for disability insurance benefits, the ALJ was required to consider all of the evidence in the record and to follow the sequential five-step evaluation process for determining disability, set forth in 20 C.F.R § 416.920(a).1 If the agency can make a disability determination at any point in the sequential analysis, it does not review the claims further. 20 C.F.R. § 404.1520(a). After proceeding through all five steps, the ALJ in this case concluded that plaintiff was not disabled as defined by the Act.

The first step requires plaintiff to prove that he is not engaged in “substantial gainful activity.”2 20 C.F.R. § 416.920(a)(4)(i). If the ALJ finds that plaintiff is engaged in substantial gainful activity, plaintiff will not be considered disabled. Id. The ALJ in the present ease found that plaintiff did not engage in substantial gainful activity during the period from his alleged onset date of November 1, 2002, through his date last insured of December 31, 2007. (R. 12).

At the second step, the ALJ must determine whether plaintiff has a severe, medically determinable impairment or a combination of impairments that limit plaintiffs ability to perform basic work activities. 20 C.F.R. §§ 404.1520(c), 416.920(c); see also 20 C.F.R. §§ 404.1521, 416.921. There is also a durational requirement that plaintiffs impairment last or be expected to last for at least 12 months. 20 C.F.R. § 416.909. Here, the ALJ found that through the date last insured, plaintiff had the following severe impairments: (1) Lumbar Degenerative Disc Disease status post fusion (2) Cardiovascular and Peripheral Vascular Diseases with hypertension status post stenting, (3) Chronic Obstructive Pulmonary Disease (COPD), (4) Bilateral Carpal Tunnel Syndrome status post bilateral release procedures, and (5) Obesity. (R. 4).

At step three, the ALJ considers whether plaintiffs impairments, either individually or in combination, meet or equal an impairment enumerated in the “Listing of Impairments” (“LOI”) in 20 C.F.R. § 404, Subpart P, Appendix 1. 20 C.F.R. § 416.920(a)(4)(ni). Here, the ALJ found that plaintiff “failed to establish by a preponderance of the evidence that his lumbar impairment satisfied the criteria of any applicable listed impairment, specifically Listing 1.04.” (R. 16). The ALJ based [687]*687this opinion on the fact that “the record contains no findings of nerve root or spinal cord compromise, nor any evidence of spinal stenosis resulting in pseudoclaudication.” (R. 16). The ALJ further found that the record did not contain sufficient evidence for a finding that plaintiffs ambulatory and breathing problems, coronary and peripheral artery diseases, or carpel tunnel syndrome rose to the level of seriousness required to match any of the listings on the Listing of Impairments. (R. 16-17.).

Before an ALJ advances to the fourth step, he must assess plaintiffs “residual functional capacity” (“RFC”), which is then used at the fourth and fifth steps. 20 C.F.R. § 404.1520(a)(4), (e). RFC is an assessment of an individual’s ability to do sustained work-related physical and mental activities in a work setting on a regular and continuing basis. SSR 96-8p. The ALJ must consider even those impairments that are not “severe.” 20 C.F.R. § 404.1520(a)(2).

In determining a plaintiffs RFC, ALJs must evaluate the plaintiffs subjective symptoms (e.g., allegations of pain) using a two-part test. Craig v. Chafer, 76 F.3d 585, 594 (4th Cir.1996); 20 C.F.R. § 404.1520. First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the actual alleged symptoms. 20 C.F.R. § 404.1529(b).

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Bluebook (online)
931 F. Supp. 2d 682, 2013 WL 687088, 2013 U.S. Dist. LEXIS 25334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehman-v-astrue-mdd-2013.