Myers v. Berryhill

373 F. Supp. 3d 528
CourtDistrict Court, M.D. Pennsylvania
DecidedDecember 12, 2018
DocketNo. 4:18-CV-00614
StatusPublished
Cited by73 cases

This text of 373 F. Supp. 3d 528 (Myers v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Myers v. Berryhill, 373 F. Supp. 3d 528 (M.D. Pa. 2018).

Opinion

Matthew W. Brann, United States District Judge

On December 12, 2018, Magistrate Judge Joseph F. Saporito issued a Report and Recommendation1 on Plaintiff's Complaint.2 Plaintiff filed objections to that Report and Recommendation on December 26, 2018.3

This Court has conducted a de novo review of the objected-to portions of the Report and Recommendation and finds that Plaintiff's objections are merely restatements of arguments previously made to, and addressed by, Magistrate Judge Saporito. Because the Court agrees with Magistrate Judge Saporito's analysis and conclusions, IT IS HEREBY ORDERED THAT :

1. The Report and Recommendation of Magistrate Judge Joseph F. Saporito, ECF No. 17, is ADOPTED IN ITS ENTIRETY .
2. The decision of the Commissioner of Social Security is AFFIRMED .
3. Plaintiff's request for an award of benefits or remand for a new administrative hearing is DENIED .
4. The Clerk of Court is directed to enter judgment in favor of Defendant and to close this case.

REPORT AND RECOMMENDATION

JOSEPH F. SAPORITO, JR., U.S. Magistrate Judge

Plaintiff, Christopher Allen Myers, is seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his claims for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. Jurisdiction is conferred on this Court pursuant to 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3).

This matter has been referred to the undersigned United States Magistrate Judge to prepare a report and recommended disposition pursuant to the provisions of 28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure. For the reasons expressed herein, we have found that the final decision of the Commissioner of Social Security is supported by substantial evidence. Accordingly, it is recommended that the final decision of the Commissioner denying Myers's claims for benefits be AFFIRMED , and that Myers's request for a new hearing or award of benefits be DENIED.

*532I. Background and Procedural History

Myers is an adult individual, born on January 7, 1979. Myers was thirty-five years of age at the time of his alleged onset of disability-August 11, 2014. (Tr. 13).

Myers's age at the onset date places him in a category of a "younger person" under the Commissioner's regulations whose age generally does not affect his ability to adjust to other work.

On April 29, 2015, Myers protectively filed his application for benefits under Titles II and XVI of the Social Security Act. In both applications, he alleged that he became disabled on August 11, 2014. (Tr.13). Myers's alleged impairment is a back issue. (Tr. 94). His claims were initially denied on October 1, 2015. On November 18, 2015, Myers filed a written request for an administrative hearing. That request was granted. On June 1, 2017, Myers appeared and testified at a hearing before Administrative Law Judge ("ALJ") Michele Stolls in Wilkes-Barre, Pennsylvania. Plaintiff was represented by counsel, Blake Griffin, at the hearing. Additionally, Vocational Expert ("VE") Gerald W. Keating also appeared and testified. (Tr. 13).

On September 5, 2017, the ALJ issued an unfavorable decision in which she concluded that, considering Myers's age, education, work experience, and residual functional capacity, there are jobs that he can perform that exist in significant numbers in the national economy. Myers then filed a timely complaint on March 16, 2018, in this court. (Doc. 1). In his complaint, Myers alleges that the final decision of the Commissioner is not supported by substantial evidence and is contrary to law and regulation. (Doc. 1, ¶ 8).

On May 23, 2018, the Commissioner filed her answer in which she maintains that the ALJ's decision was made in accordance with the law and regulations and the findings of fact are supported by substantial evidence. (Doc. 10).

This matter has been fully briefed by the parties and is ripe for decision. (Docs. 12, 15, and 16).

The plaintiff was born on January 7, 1979. (Tr. 94). He completed a high school education. (Tr. 190). Myers previously worked as a radiator repairman, countertop assembler and coupler. Myers stated he stopped working because it is difficult for him to function on an everyday basis with the pain. (Tr. 36).

Myers lives with his parents in a home in Port Trevorton, Pennsylvania, which is in the Middle District of Pennsylvania. (Tr. 34-35). Myers stated that he is able to prepare meals and take care of his personal needs. (Tr. 40, 170). He stated he is unable to help with chores around the house because of the necessity to bend, squat, and twist. (Tr. 40-41). He stated he is able to sit on the back porch. (Tr. 172).

Myers stated that besides taking medication, he is careful what he does and tries not to overdo anything in order to manage his pain. (Tr. 41). He stated he is not in any one position all day, he is usually up and down. (Tr. 41). He stated that he has bad days and worse days. He stated that he has difficulty sleeping at night, and the level of difficulty sleeping has a direct correlation to his pain the next day. (Tr. 42). He stated that from Sunday to Sunday, on average, he has two good days. (Tr. 42).

Myers stated that when he travelled to Florida, he had difficulty with sitting on the flights and difficulty handling his luggage. (Tr. 42).

Myers stated that he has pain in his entire lower back. (Tr. 43). He stated he is able to lift approximately 8 to 10 pounds without pain (e.g., a case of water/soda).

*533(Tr. 174). He stated that he is able to follow written and spoken instructions and gets along with authority figures. (Tr. 174-75). He is able to handle stress and changes in routine. (Tr. 175).

II. Standard of Review

When reviewing the denial of disability benefits, the Court's review is limited to determining whether those findings are supported by substantial evidence in the administrative record. See 42 U.S.C. § 405(g) (sentence five);

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373 F. Supp. 3d 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-berryhill-pamd-2018.