Long v. Shalala

902 F. Supp. 1544, 1995 U.S. Dist. LEXIS 16055, 1995 WL 631722
CourtDistrict Court, M.D. Florida
DecidedOctober 17, 1995
DocketNo. 93-374-CIV-FTM-17
StatusPublished
Cited by1 cases

This text of 902 F. Supp. 1544 (Long v. Shalala) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long v. Shalala, 902 F. Supp. 1544, 1995 U.S. Dist. LEXIS 16055, 1995 WL 631722 (M.D. Fla. 1995).

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION

KOVACHEVICH, District Judge.

This cause is before the Court on the Report and Recommendation entered by Magistrate Judge George T. Swartz, on March 17, 1995, and Petitioner’s objections thereto, filed June 12, 1995.

In this case, the Court agrees with the Magistrate Judge’s recommendation to affirm the decision of the Secretary of Health and Human services which denied the Petitioner’s petition for disability insurance benefits under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). After reviewing the Report and Recommendation findings in light of Petitioner’s objections, this Court adopts the Magistrate Judge’s Report and Recommendation.

I. STATEMENT OF THE CASE

The Petitioner, Dr. Margaret Long, initially filed an application for Title II benefits on October 1,1991, claiming disability as of May 15, 1986. The Petitioner contended that she could no longer work due to osteoarthritis of the lower back, memory loss, eyesight loss, blurred vision, pain in the shoulders, arms, and hands, swelling of her feet, a spastic colon, sleep apnea, hyperthyroidism, diverticulitis, and hemorrhoids. Prior to her alleged disability, the Plaintiff worked as a university professor. The Petitioner has a Doctorate of Philosophy in business education and higher education.

[1546]*1546At the request of the Petitioner, a hearing was held on October 22,1992, in Fort Myers, Florida, before Administrative Law Judge William O’Gray. At the hearing, vocational experts for both sides testified before the Administrative Law Judge. On March 26, 1993, the Administrative Law Judge denied the Petitioner’s claim. In particular, the Administrative Law Judge concluded that the Petitioner, “has at least residual functional capacity to perform the physical exertion requirements of sedentary work allowing a sit/ stand option.”

The Appeals Council denied review of the Petitioner’s claim on October 29,1993. Thus, the decision of the Administrative Law Judge stood as the Secretary’s final decision. Thereafter, the Plaintiff filed a memorandum in opposition to the Administrative Law Judge’s decision on September 13, 1994. On March 17,1995, Magistrate Judge, George T. Swartz, issued a Report and Recommendation upholding the decision of the Administrative Law Judge which was adopted by this Court after the Petitioner failed to object within ten (10) days.

Upon consideration, this Court granted the Petitioner’s uncontested Motion to Reconsider Adopting the Magistrate Judge’s Report and Recommendation on May 22, 1993. On June 12, 1995, the Petitioner filed her objections to the Magistrate Judge’s Report and Recommendation.

II. STANDARD OF REVIEW

If supported by substantial evidence, the Secretary’s denial of disabled status must be upheld, 42 U.S.C. § 405(g). Substantial evidence is “more than a mere scintilla”. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). The controlling reasonable mind standard mandates that if there is pertinent and adequate evidence supporting a decision, it must be upheld. Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990). This Court may not substitute its own judgement for the Secretary’s nor re-evaluate the evidence unless the decision is clearly illogical and unsubstantiated. See Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983). See also, Powell v. Heckler, 773 F.2d 1572, 1575 (11th Cir.1985). Therefore, even if the evidence appears to weigh against the decision of the Secretary, this Court must affirm the decision if there is sufficient supporting evidence. Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990).

For purposes of determining whether an individual is disabled, Congress requires that a claimant:-

[sjhall be determined to be under a disability only if his physical or mental impairment or 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.

42 U.S.C. § 423(d)(2)(A). Under the present scheme, the burden of proving a disability shifts in the following manner: First, the claimant bears the burden of demonstrating that his or her impairment prevents their returning to their previous occupation. Once a claimant has done this, the burden shifts to the Secretary to demonstrate that there are other jobs in the national economy which the plaintiff can perform. Finally, the claimant must refute the Secretary’s findings by proving they cannot perform the suggested jobs. Hale v. Bowen, 831 F.2d 1007, 1011 (11th Cir.1987). See also, Francis v. Heckler, 749 F.2d 1562, 1564 (11th Cir.1985); Boyd v. Heckler, 704 F.2d 1207, 1209 (11th Cir.1983).

III. ANALYSIS

The Petitioner states two (2) arguments in support of her contention that the Report and Recommendation of the Magistrate Judge is not supported by substantial evidence.

In her first argument, the Petitioner asserts that the vocational expert testimony taken as a whole, shows that the plaintiff lacks the residual functional capacity to perform even sedentary work. Secondly, the [1547]*1547Petitioner claims that the opinions of her treating physicians were unjustly discredited.

a. The Social Security Vocational Expert Sufficiently Demonstrated the Existence of Other Jobs Which The Plaintiff Can Perform.

The Magistrate Judge correctly determined that -the Administrative Law Judge’s conclusion regarding the Petitioiier’s ability to perform other work in the national economy was supported by substantial evidence. The Administrative Law Judge questioned Mr. A.J. Feldman, the Social Security Vocational Expert, as to whether he believed the Petitioner possessed transferable skills to work at a sedentary exertional level. Mr.

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902 F. Supp. 1544, 1995 U.S. Dist. LEXIS 16055, 1995 WL 631722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-shalala-flmd-1995.