McCray v. Massanari

175 F. Supp. 2d 1329, 2001 U.S. Dist. LEXIS 20705, 2001 WL 1567719
CourtDistrict Court, M.D. Alabama
DecidedOctober 22, 2001
DocketCIV.A. 00-B-1504-N
StatusPublished
Cited by7 cases

This text of 175 F. Supp. 2d 1329 (McCray v. Massanari) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCray v. Massanari, 175 F. Supp. 2d 1329, 2001 U.S. Dist. LEXIS 20705, 2001 WL 1567719 (M.D. Ala. 2001).

Opinion

*1332 MEMORANDUM OPINION

BOYD, United States Magistrate Judge.

I.INTRODUCTION

The plaintiff, Thomas L. McCray (“McCray”), applied for disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 401 et seq. and for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. alleging that he was unable to work because of a disability. His application was denied at the initial administrative level. The plaintiff then requested and received a hearing before an Administrative Law Judge (“ALJ”). Following the hearing, the ALJ also denied the claim. The Appeals Council rejected a subsequent request for review. The ALJ’s decision consequently became the final decision of the Commissioner of Social Security (“Commissioner”). 1 See Chester v. Bowen, 792 F.2d 129, 131 (11th Cir.1986). The case is now before the court for review pursuant to 42 U.S.C. §§ 405(g) and 1631(c)(3). 2 Based on the court’s review of the record in this case and the briefs of the parties, the court concludes that the decision of the Commissioner should be affirmed.

II.STANDARD OF REVIEW

This court’s review of the Commissioner’s decision to deny benefits is limited. The court cannot conduct a de novo review or substitute its own judgment for that of the Commissioner. Walden v. Schweiker, 672 F.2d 835 (11th Cir.1982). Instead, the court’s role is to scrutinize the whole administrative record to insure that the Commissioner’s decision is supported by substantial evidence, Hillsman v. Bowen, 804 F.2d 1179, 1180 (11th Cir.1986), and free from legal error. Walker v. Bowen, 826 F.2d 996, 999 (11th Cir.1987). Substantial evidence is “such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” MacGregor v. Bowen, 786 F.2d 1050, 1053 (11th Cir.1986). The evidence supporting the Commissioner’s decision does not need to be overwhelming, but it must provide more than a mere scintilla of support. Hillsman, 804 F.2d at 1181. The court must also be cautious not to reverse the Commissioner’s decision because it would have reached a different conclusion based on the evidence. See MacGregor, 786 F.2d at 1053.

III.ADMINISTRATIVE FINDINGS

The plaintiff was 37 years old on the date his insured status expired and, based on his testimony that he completed the seventh grade, the ALJ determined he has a marginal education.

Although McCray alleged disability because of diabetes mellitus, kidney stones, stomach pain, poor vision, and chest pain, the ALJ determined that the medical evidence established that only McCray’s diabetes mellitus was a severe impairment, and that he had no impairment or combination of impairments which met, or equaled, the criteria of any impairment listed in Appendix 1, Subpt. P, Regulation No. 4. In the ALJ’s view, McCray's statements concerning his impairment and its impact on his ability to work were not entirely credible.

The ALJ further determined that McCray lacked the residual functional ca *1333 pacity (“RFC”) to lift and carry more than 20 pounds or more than ten pounds on a regular basis; to sit, stand, and/or walk for up to six hours on an eight-hour basis; to perform outdoor work in extreme heat; to perform work which required highly aerobic activities; to work around heights, moving machinery, or vehicles; or to perform work requiring fine visual acuity. That RFC precluded the performance of McCray’s past relevant work as a farm worker and laborer but the ALJ concluded that McCray was not disabled because he had the RFC to perform a limited range of light work. Therefore, the ALJ concluded that McCray was not disabled at any time through the date his insured status expired, or at any time through the date of her decision.

IV. ISSUES

In arguing that the ALJ’s decision is not supported by substantial evidence, McCray presents five issues for the court’s review, as follows: (1) the vocational expert’s testimony was based on incomplete facts; (2) the ALJ failed to consider whether the plaintiff satisfied Listing 9.08 for Diabetes Mellitus; (3) the ALJ failed to consider all of the plaintiffs impairments; (4) the ALJ erred by failing to follow the Commissioner’s pain standard in evaluating the severity of the plaintiffs subjective complaints, and by failing to specify explicit, legally sufficient reasons for rejecting the credibility of his testimony; and (5) the ALJ erred in failing to order consultative examinations. Although none of these claims of error warrants reversal, the court will discuss each of them in turn.

V. DISCUSSION

A. VOCATIONAL EXPERT’S TESTIMONY

In the fourth step of the sequential evaluation process, the ALJ sought to determine McCray’s RFC by propounding hypothetical questions to the vocational expert (“VE”). The law clearly requires that such hypothetical questions comprehensively describe the claimant’s impairments. Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir.1985). McCray argues that the ALJ’s hypothetical questions to the VE omitted reference to McCray’s alleged illiteracy, and instead, improperly presumed that McCray had a marginal education.

One of the ALJ’s hypothetical questions did ask the VE to assume that McCray had a marginal education, (R. 55), but another version, as follows, referenced his alleged illiteracy:

Q: Okay. Now, for the second hypothetical because I didn’t include it in the first let’s assume that this individual is functionally illiterate, meaning that he really can’t do anything that involves writing. Does that affect these jobs in any way?
A: It would reduce the positions by approximately 25 percent. (R. 57).

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Cite This Page — Counsel Stack

Bluebook (online)
175 F. Supp. 2d 1329, 2001 U.S. Dist. LEXIS 20705, 2001 WL 1567719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccray-v-massanari-almd-2001.