Leslie v. Colvin

196 F. Supp. 3d 1248, 2016 U.S. Dist. LEXIS 93632, 2016 WL 3906430
CourtDistrict Court, N.D. Alabama
DecidedJuly 19, 2016
DocketCase No.: 2:15-CV-0286-VEH
StatusPublished
Cited by2 cases

This text of 196 F. Supp. 3d 1248 (Leslie v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leslie v. Colvin, 196 F. Supp. 3d 1248, 2016 U.S. Dist. LEXIS 93632, 2016 WL 3906430 (N.D. Ala. 2016).

Opinion

MEMORANDUM OPINION

VIRGINIA EMERSON HOPKINS, United States District Judge

Introduction

Plaintiff Roger Dale Leslie (hereinafter “Mr. Leslie”) brings this action under 42 U.S.C. § 405(g), Section 205(g) of the Social Security Act. He seeks review of a final adverse decision of the Commissioner of the Social Security Administration (“Commissioner”), who denied his application for Disability Insurance Benefits (“DIB”). Mr. Leslie timely pursued and exhausted his administrative remedies available before the Commissioner. The case is thus ripe for review under 42 U.S.C. § 405(g). For the following reasons, the court REVERSES AND REMANDS the Commissioner’s decision.

Statement op the Case

Mr. Leslie was 51 years old at the time of his hearing before the Administrative Law Judge (“ALJ”). Compare Tr. 186 with Tr. 43. Though he told one doctor he attended school until the tenth grade, he testified that he only completed the fifth or [1250]*1250sixth grade. Compare Tr. 55 with Tr. 351. His past work experience includes employment as a delivery driver and greeter. Tr. 53, 70. He claims that he became disabled on June 1, 2010 due to anxiety, hypertension, plantar faciitis with bone spurs, panic disorder with agoraphobia, and peripheral neuopathy. Tr. 192, 28, 46. His last period of work ended on June 1, 2010. Tr. 162.

On August 10, 2011, Mr. Leslie protectively filed a Title II application for a period of disability and DIB. Tr. 77. On October 26, 2011, the Commissioner initially denied these claims. Tr. 78. Mr. Leslie timely filed a written request for a hearing on November 2, 2011. Tr. 86-87. The ALJ conducted a hearing on the matter on July 9, 2013. Tr. 43. On August 30, 2013, she issued her opinion concluding Mr. Leslie was not disabled and denying him benefits. Tr. 23. He timely petitioned the Appeals Council to review the decision on September 9, 2013. Tr. 22. On January 7, 2015, the Appeals Council issued a denial of review on his claim. Tr. 7.

Mi’. Leslie filed a Complaint with this court on February 17, 2015, seeking review of the Commissioner’s determination. (Doc. 1). The Commissioner answered on October 8, 2015. (Doc. 7). Mr. Leslie filed a supporting brief (Doc. 11) on December 18, 2015, and the Commissioner responded with her own (Doc. 12) on January 19, 2016.

Standard op Review

The court’s review of the Commissioner’s decision is narrowly circumscribed. The function of this court is to determine whether the decision of the Commissioner is supported by substantial evidence and whether proper legal standards were applied. Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir.2002). The court must “scrutinize the record as a whole to determine if the decision reached is reasonable and supported by substantial evidence.” Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983). Substantial evidence is “such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Id. It is “more than a scintilla, but less than a preponderance.” Id.

This court must uphold factual findings that are supported by substantial evidence. However, it reviews the ALJ’s legal conclusions de novo because no presumption of validity attaches to the ALJ’s determination of the proper legal standards to be applied. Davis v. Shalala, 985 F.2d 528, 531 (11th Cir.1993). If the court finds an error in the ALJ’s application of the law, or if the ALJ fails to provide the court with sufficient reasoning for determining that the proper legal analysis has been conducted, it must reverse the ALJ’s decision. Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991).

Statutory and Regulatory Framework

To qualify for disability benefits and establish his or her entitlement for a period of disability, a claimant must be disabled as defined by the Social Security Act and the Regulations promulgated thereunder.1 The Regulations define “disabled” as “the inability to do 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 twelve (12) months.” 20 C.F.R. § 404.1505(a). To establish an entitlement to disability benefits, a claimant must provide evidence about a “physical or mental impairment” that “must result from anatomical, physio[1251]*1251logical, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques.” 20 C.F.R. § 404.1508.

The Regulations provide a five-step process for determining whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4)(i-v). The Commissioner must determine in sequence:

(1) whether the claimant is currently employed;
(2) whether the claimant has a severe impairment;
(3) whether the claimant’s impairment meets or equals an impairment listed by the Commissioner;
(4) whether the claimant can perform his or her past work; and
(5) whether the claimant is capable of performing any work in the national economy.

Pope v. Shalala, 998 F.2d 473, 477 (7th Cir.1993) (citing to formerly applicable C.F.R. section), overruled on other grounds by Johnson v. Apfel, 189 F.3d 561, 562-63 (7th Cir.1999); accord McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir.1986). The sequential analysis goes as follows:

Once the claimant has satisfied steps One and Two, she will automatically be found disabled if she suffers from a listed impairment. If the claimant does not have a listed impairment but cannot perform her work, the burden shifts to the [Commissioner] to show that the claimant can perform some other job.

Pope, 998 F.2d at 477; accord Foote v. Chater, 67 F.3d 1553, 1559 (11th Cir.1995).

The Commissioner must further show that such work exists in the national economy in significant numbers. Id,

ALJ Findings

After consideration of the entire record, the ALJ made the following findings:

1. Mr. Leslie met the insured status requirements of the Social Security Act through December 31, 2015. Tr. 28.
2.

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196 F. Supp. 3d 1248, 2016 U.S. Dist. LEXIS 93632, 2016 WL 3906430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-v-colvin-alnd-2016.