Leroy Simpson v. Commissioner of Social Security

423 F. App'x 882
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 14, 2011
Docket10-14816
StatusUnpublished
Cited by25 cases

This text of 423 F. App'x 882 (Leroy Simpson v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leroy Simpson v. Commissioner of Social Security, 423 F. App'x 882 (11th Cir. 2011).

Opinion

PER CURIAM:

Leroy Simpson appeals the district court’s order affirming the Social Security Administration’s termination of his disability insurance benefits and supplemental security income, 42 U.S.C. §§ 405(g) and 1383(c)(3). On appeal, Simpson argues that the Administrative Law Judge’s (“ALJ”) finding that he was able to perform his past relevant work is not supported by substantial evidence because the ALJ incorrectly characterized his past work as being that of a cabinet assembler rather than a cabinet maker. For the reasons stated below, we affirm.

I.

In November 1994, the Social Security Administration found Simpson to be disabled due to chronic renal failure and chronic hemodialysis. In August 2004, the agency conducted a continuing disability review and determined that Simpson was no longer disabled. Simpson requested reconsideration of the cessation of benefits, but the agency upheld its earlier determination. Simpson then requested and was granted a hearing before an ALJ.

At the hearing, Simpson testified that his last job was “doing cabinet work.” He explained that he assembled cabinets using a nail gun, hammer, and skil saw. Simpson could not read blueprints, and he did not cut the wood himself. The maximum amount of weight that he was required to lift in that job was 50 pounds. Simpson explained that the wood for the cabinets was pre-cut and that he did not perform any routing. In light of Simpson’s testimony, the Vocational Expert (“VE”) concluded that he had worked as a cabinet assembler, rather than a cabinet maker. The VE explained that, under the Dictionary of Occupational Titles (“DOT”), the position of cabinet assembler requires a light level of exertion.

The administrative record included a disability report that Simpson completed in connection with his original application for disability benefits in 1994. In that report, Simpson stated that he had prior work experience as a cabinet maker for a *884 kitchen company. He explained that he used specialized machines to build cabinets. The record also contained a vocational report that Simpson filled out in 1994. In the vocational report, Simpson explained that he previously had been employed as a cabinet maker. He had to use a variety of tools and equipment in conjunction with his cabinet work, including a sandpaper machine, jigsaw, skil saw, chop saw, band saw, and a large saw that was used to cut 8' by 4' wood. Simpson also applied formica to the top of the cabinets. He frequently had to lift or carry cabinets weighing over 50 pounds.

The ALJ issued a written decision concluding that Simpson was no longer disabled. The ALJ determined that Simpson had experienced medical improvement since his original disability determination but still had two severe impairments: residuals of a kidney transplant and diabetes mellitus. Neither of those impairments met or equaled a listed impairment. The ALJ found that Simpson had the residual functional capacity to perform a full range of light work. The ALJ concluded that Simpson could perform his past relevant work as a cabinet assembler because that position only required a light level of exertion. Accordingly, the ALJ determined that Simpson was no longer disabled. The Appeals Council denied review, and the district court affirmed.

II.

We review the Commissioner’s factual findings to determine whether they are supported by substantial evidence. Ingram v. Comm’r of Social Sec. Admin., 496 F.3d 1253, 1260 (11th Cir.2007). Substantial evidence is defined as “such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983). “We may not decide the facts anew, reweigh the evidence, or substitute our judgment for that of the [Commissioner].” Id.

The Social Security regulations establish a multi-step sequential evaluation process for determining whether a claimant’s disability benefits or supplemental security income should be terminated. 20 C.F.R. §§ 404.1594(f) and 416.994(b)(5). Among other things, the claimant’s benefits must be terminated if he is once again able to perform his past relevant work. 20 C.F.R. §§ 404.1594(f)(7) and 416.994(b)(5)(vi). The claimant bears the burden of showing that he cannot perform his past work as he actually performed it and as it is generally performed in the national economy. Social Security Ruling (SSR) 82-61; see also Jackson v. Bowen, 801 F.2d 1291, 1293-94 (11th Cir.1986) (explaining that the claimant must show that he is unable to perform the same type of work that he performed in the past).

The ALJ must consider all the duties of the claimant’s past work and evaluate the claimant’s ability to perform them in spite of his impairments. Lucas v. Sullivan, 918 F.2d 1567, 1574 n. 3 (11th Cir.1990). The ALJ may rely on a VE’s testimony regarding the physical and mental demands of the claimant’s past work. 20 C.F.R. §§ 404.1560(b)(2) and 416.960(b)(2). The ALJ also may consider the job descriptions set forth in the DOT. Id.

The DOT describes the position of cabinet maker as follows:

Sets up and operates variety of woodworking machines and uses various handtools to fabricate and repair wooden cabinets and high-grade furniture: Studies blueprints or drawings of articles to be constructed or repaired, and plans sequence of cutting or shaping operations to be performed. Marks outline or dimensions of parts on paper or lumber stock, according to blueprint or drawing specifications. Matches materi *885 als for color, grain, or texture. Sets up and operates woodworking machines, such as power saws, jointer, mortiser, tenoner, molder, and shaper, to cut and shape parts from woodstock. Trims component parts of joints to ensure snug fit, using handtools, such as planes, chisels, or wood files. Bores holes for insertion of screws or dowels by hand or using boring machine. Glues, fits, and clamps parts and subassemblies together to form complete unit, using clamps or clamping machine. Drives nails or other fasteners into joints at designated places to reinforce joints. Sands and scrapes surfaces and joints of articles to prepare articles for finishing. May repair high-grade articles of furniture. May dip, brush, or spray assembled articles with protective or decorative materials, such as stain, varnish, or paint.

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423 F. App'x 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leroy-simpson-v-commissioner-of-social-security-ca11-2011.