Lindsey v. Colvin

208 F. Supp. 3d 1239, 2016 U.S. Dist. LEXIS 129547, 2016 WL 5253219
CourtDistrict Court, N.D. Alabama
DecidedSeptember 22, 2016
DocketCASE NO. 5:15-CV-0234-SLB
StatusPublished
Cited by2 cases

This text of 208 F. Supp. 3d 1239 (Lindsey 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
Lindsey v. Colvin, 208 F. Supp. 3d 1239, 2016 U.S. Dist. LEXIS 129547, 2016 WL 5253219 (N.D. Ala. 2016).

Opinion

MEMORANDUM OPINION

SHARON LOVELACE BLACKBURN, SENIOR UNITED STATES DISTRICT JUDGE

Plaintiff Sarah Lindsey brings this action pursuant to 42 U.S.C. § 405(g), seeking review of the final decision of the Commissioner of Social Security denying her application for a period of disability and disability insurance benefits [DIB]. Upon review of the record, the parties’ submissions, and the relevant law, the court is of the opinion that the Commissioner’s decision is due to be reversed and this matter will be remanded for an award of benefits.

I. PROCEDURAL HISTORY

On September 29, 2011, Ms. Lindsey protectively filed an application for a period of disability and DIB, alleging that she had become unable to work on August 15, 2011. (Doc. 7-3 at R.10; doc. 7-6 at R.123.)1 The application was denied initially. (Doc. 7-5 at R.52.) Thereafter, Ms. Lindsey requested a hearing before an Administrative Law Judge [ALJ], (id. at R.57-58), which was held on March 26, 2013, (doc. 7-3 at R.26). Following the hearing, the ALJ found that Ms. Lindsey was not disabled; therefore, he denied her application on May 17, 2013. (Doc. 7-3 at R.19.)

Ms. Lindsey asked the Appeals Council to review the ALJ’s decision. (See id. at R.5.) The Appeals Council denied the request for review, stating that it had “found no reason under [its] rules to review the [ALJ’s] decision.” (Id. at 1.) Therefore, [1242]*1242“the [ALJ’s] decision is the final decision of the Commissioner of Social Security in [Mr. Lindsey’s] case.” (Id.)

Ms. Lindsey filed an appeal in this court on February 8, 2015. (Doc. 1.)

II. STANDARD OF REVIEW

In reviewing claims brought under the Social Security Act, this court’s role is a narrow one: “Our review of the Commissioner’s decision is limited to an inquiry into whether there is substantial evidence to support the findings of the Commissioner, and whether the correct legal standards were applied.” Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002); see also Lamb v. Bowen, 847 F.2d 698, 701 (11th Cir. 1988). The court gives deference to the Commissioner’s factual findings. Cornelius v. Sullivan, 936 F.2d 1143, 1145 (11th Cir. 1991). The court “may not decide the facts anew, reweigh the evidence, or substitute [its] judgment for that of the [Commissioner], rather [it] must scrutinize the record as a whole to determine if the decision reached is reasonable and supported by substantial evidence.” Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990) (quoting Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983)) (internal quotations and other citation omitted). “The Commissioner’s factual findings are conclusive if supported by substantial evidence.” Wilson, 284 F.3d at 1221 (citing Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990); Allen v. Bowen, 816 F.2d 600, 602 (11th Cir. 1987)). “Substantial evidence” is “more than a scintilla and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Winschel v. Commissioner of Social Sec., 631 F.3d 1176, 1178 (11th Cir. 2011) (internal quotations and citations omitted).

Conclusions of law made by the Commissioner are reviewed de novo. Cornelius, 936 F.2d at 1145. “No ... presumption of validity attaches to the [Commissioner’s] conclusions of law.” Wiggins v. Schweiker, 679 F.2d 1387, 1389 (11th Cir. 1982).

III. DISCUSSION

A. THE FIVE-STEP EVALUATION

The regulations require the Commissioner to follow a five-step sequential evaluation to determine whether a claimant is eligible for DIB. See 20 C.F.R. § 404.1520; see also Bowen v. City of New York, 476 U.S. 467, 470, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). “[A]n individual shall be considered to be disabled for purposes of [determining eligibility for DIB benefits] if [she] is unable 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 twelve months.” 42 U.S.C. § 1382c(a)(3)(A). The specific steps in the evaluation process are as follows:

1. Substantial Gainful Employment

First, the Commissioner must determine whether the claimant is engaged in “substantial gainful activity.” Bowen v. Yuckert, 482 U.S. 137, 140, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). The regulations define “substantial gainful activity” as “work activity that is both substantial and gainfid.”2 20 C.F.R. § 404.1572. If the [1243]*1243claimant is working and that work is substantial gainful activity, the Commissioner will find that she is not disabled regardless of the claimant’s medical condition or her age, education, and work experience. 20 C.F.R. § 404.1520(b). “Under the first step, the claimant has the burden to show that she is not currently engaged in substantial gainful activity.” Reynolds-Buckley v. Commissioner of Social Sec., 457 Fed.Appx. 862, 863 (11th Cir. 2012).3

The ALJ found that Ms. Lindsey had not engaged in substantial gainful activity during the period from her alleged onset date, August 15, 2011, through the date of his decision, May 17, 2013. (Doc. 7-8 at R.18-19.)

2. Severe Impairments

If the claimant is not engaged in substantial gainful activity, the Commissioner must next determine whether the claimant suffers from a severe impairment, or combination of impairments, that significantly limits her physical or mental ability to do basic work activities. 20 C.F.R. §

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208 F. Supp. 3d 1239, 2016 U.S. Dist. LEXIS 129547, 2016 WL 5253219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-colvin-alnd-2016.