Meyer v. Callahan

980 F. Supp. 1069, 1997 U.S. Dist. LEXIS 17437, 1997 WL 629827
CourtDistrict Court, W.D. Missouri
DecidedSeptember 30, 1997
DocketNo. 96-4274-CV-C-BC
StatusPublished

This text of 980 F. Supp. 1069 (Meyer v. Callahan) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyer v. Callahan, 980 F. Supp. 1069, 1997 U.S. Dist. LEXIS 17437, 1997 WL 629827 (W.D. Mo. 1997).

Opinion

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

LARSEN, United States Magistrate Judge.

Plaintiff Sara S. Meyer seeks review of the final decision of the Commissioner of Social Security denying her application for disability insurance benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. § 401, et seq. and for supplemental security income benefits based on disability under Title XVI of the Act, 42 U.S.C. § 1381, et [1071]*1071seq. Plaintiff argues that the Administrative Law Judge (“ALJ”) failed properly to evaluate plaintiffs subjective complaints and that the ALJ did not properly determine that the plaintiff was able to perform her past relevant work as a hair stylist and beauty salon owner. I find that (1) the ALJ did properly evaluate plaintiffs subjective complaints given the guidelines established and the discretion allotted in respect to such evidence, and (2) there is substantial evidence on the record as a whole to support the ALJ’s conclusion that plaintiff can perform her past relevant work as a hair stylist and beauty salon owner. Therefore, plaintiffs motion for summary judgment will be denied, and defendant’s motion for summary judgment will be granted.

I.BACKGROUND

On August 16, 1993, plaintiff applied for a period of disability and disability insurance benefits, and on August 3, 1993, she protectively filed for supplemental security income alleging that she had been disabled since April 10, 1993. Plaintiffs disability stems from a history of lupus and associated symptoms, specifically joint pain and fatigue. Plaintiffs application was denied initially and upon reconsideration. On January 25, 1995, a hearing was held before an Administrative Law Judge. On July 24, 1995, the ALJ found that plaintiff was not under a disability as defined by the Act. On June 25, 1996, the Appeals Council denied plaintiffs request for review. Therefore, the decision of the ALJ stands as the final decision of the Commissioner.

II.STANDARD FOR JUDICIAL REVIEW

Section 205(g) of the Act, 42 U.S.C. § 405(g), provides for judicial review of a “final decision” of the Commissioner under Title II. Section 1631(c)(3) of the Act, 42 U.S.C. § 1383(c)(3), provides for judicial review to the same extent as the Commissioner’s final determination under § 205. The standard for judicial review by the federal district court is whether the decision of the Commissioner was supported by substantial evidence. 42 U.S.C. § 405(g); Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); Johnson v. Chater, 87 F.3d 1015, 1017 (8th Cir.1996); Andler v. Chater, 100 F.3d 1389, 1392 (8th Cir.1996). The determination of whether the Commissioner’s decision is supported by substantial evidence requires review of the entire record, considering the evidence in support of and in opposition to the Commissioner’s decision. Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 464-65, 95 L.Ed. 456 (1951); Thomas v. Sullivan, 876 F.2d 666, 669 (8th Cir.1989). “The Court must also take into consideration the weight of the evidence in the record and apply a balancing test to evidence which is contradictory.” Gavin v. Heckler, 811 F.2d 1195, 1199 (8th Cir.1987) (citing Steadman v. Securities & Exchange Commission, 450 U.S. 91, 99, 101 S.Ct. 999, 1006-07, 67 L.Ed.2d 69 (1981)). See also Thompson v. Sullivan, 928 F.2d at 277.

Substantial evidence means more than a mere scintilla. It means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. at 401, 91 S.Ct. at 1427; Jernigan v. Sullivan, 948 F.2d 1070, 1073 n. 5 (8th Cir.1991). However, the substantial-evidence standard presupposes a zone of choice within which the decision makers can go either way, without interference by the courts. “[A]n administrative decision is not subject to reversal merely because substantial evidence would have supported an opposite decision.” Id.; Clarke v. Bowen, 843 F.2d 271, 272-73 (8th Cir.1988).

III.BURDEN OF PROOF AND SEQUENTIAL EVALUATION PROCESS

An individual claiming disability benefits has the burden of proving she is unable to return to past relevant work by reason of a medieally-determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than twelve months. 42 U.S.C. § 423(d)(1)(A). If the plaintiff establishes that she is unable to return to past relevant work because of the disability, the burden of persuasion shifts to the Commissioner to es[1072]*1072tablish that there is some other type of substantial gainful activity in the national economy that the plaintiff can perform. Griffon v. Bowen, 856 F.2d 1150, 1153-54 (8th Cir. 1988); McMillian v. Schweiker, 697 F.2d 215, 220-21 (8th Cir.1983).

The Social Security Administration has promulgated detailed regulations setting out a sequential evaluation process to determine whether a claimant is disabled. The regulations, referred to generally as Medical-Vocations Guidelines, are codified in 20 C.F.R. §§ 404.1501, et seq. The five-step sequential evaluation process used by the Commissioner can be summarized as follows:

1. Is the claimant working?

Yes = not disabled.

No = go to next step.

2. Does the claimant have a severe impairment or a combination of impairments which significantly limits her ability to do basic work activities?

No = not disabled.

Yes = go to next step.

3. Does the impairment meet or equal a listed impairment in Appendix 1?

Yes = disabled.

4. Does the impairment prevent the claimant from doing past relevant work?

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Steadman v. Securities & Exchange Commission
450 U.S. 91 (Supreme Court, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
980 F. Supp. 1069, 1997 U.S. Dist. LEXIS 17437, 1997 WL 629827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-callahan-mowd-1997.