Natal v. Social Security Administration, Commissioner

CourtDistrict Court, N.D. Alabama
DecidedDecember 9, 2022
Docket5:21-cv-01201
StatusUnknown

This text of Natal v. Social Security Administration, Commissioner (Natal v. Social Security Administration, Commissioner) 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
Natal v. Social Security Administration, Commissioner, (N.D. Ala. 2022).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

SAMINA SIMONE NATAL, ) ) Plaintiff, ) ) v. ) Case No.: 5:21-cv-1201-AMM ) SOCIAL SECURITY ) ADMINISTRATION, ) Commissioner, ) ) Defendant. )

MEMORANDUM OF DECISION Plaintiff Samina Simone Natal brings this action pursuant to the Social Security Act (the “Act”), seeking review of the decision of the Commissioner of Social Security (“Commissioner”) denying her claim for a period of disability and disability insurance benefits (“benefits”). See 42 U.S.C. § 405(g). Based on the court’s review of the record, the court AFFIRMS the decision of the Commissioner. I. Introduction On December 27, 2019, Ms. Natal protectively filed an application for benefits under Title II of the Act, alleging disability as of July 1, 1994. R. 17, 57– 67. Ms. Natal alleged disability due to muscolligamnetous strain/sprain of cervical spine, multiple disc protrusions at various levels, bulging disc at L4-5, issues with her neck, and thyroid. R. 57. She has at least a high school education and past relevant work experience as a bus driver. R. 24–25.

The Social Security Administration (“SSA”) initially denied Ms. Natal’s application on March 6, 2020, and denied it upon reconsideration on July 17, 2020. R. 17, 57–80. On August 17, 2020, Ms. Natal filed a request for a hearing before an

Administrative Law Judge (“ALJ”). R. 17, 108–09. That request was granted. R. 110–15. Ms. Natal received a telephone hearing before ALJ Patrick R. Digby on January 14, 2021. R. 17, 32–56. On March 8, 2021, ALJ Digby issued a decision, finding that Ms. Natal was not disabled from July 1, 1994 through the date of last

insured. R. 14–26. Ms. Natal was sixty years old at the time of the ALJ decision. R. 25–26. Ms. Natal appealed to the Appeals Council, which denied her request for

review on July 8, 2021. R. 2–4. After the Appeals Council denied Ms. Natal’s request for review, R. 2–4, the ALJ’s decision became the final decision of the Commissioner and subject to district court review. On September 2, 2021, Ms. Natal sought this court’s review of the ALJ’s decision. See Doc. 1.

II. The ALJ’s Decision The Act establishes a five-step test for the ALJ to determine disability. 20 C.F.R. § 404.1520. First, the ALJ must determine whether the claimant is engaging

in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). “Substantial work activity is work activity that involves doing significant physical or mental activities.” 20 C.F.R. § 404.1572(a). “Gainful work activity” is work that is done for pay or

profit. 20 C.F.R. § 404.1572(b). If the ALJ finds that the claimant engages in substantial gainful activity, then the claimant cannot claim disability. 20 C.F.R. § 404.1520(b). Second, the ALJ must determine whether the claimant has a medically

determinable impairment or a combination of medical impairments that significantly limits the claimant’s ability to perform basic work activities. 20 C.F.R. §§ 404.1520(a)(4)(ii), (c). Absent such impairment, the claimant may not claim disability. Id. Third, the ALJ must determine whether the claimant’s impairment

meets or medically equals the criteria of an impairment listed in 20 C.F.R. § 404, Subpart P, Appendix 1. See 20 C.F.R. §§ 404.1520(d), 404.1525, and 404.1526. If such criteria are met, the claimant is declared disabled. 20 C.F.R. §

404.1520(a)(4)(iii). If the claimant does not fulfill the requirements necessary to be declared disabled under the third step, the ALJ still may find disability under the next two steps of the analysis. The ALJ must first determine the claimant’s residual functional

capacity, which refers to the claimant’s ability to work despite her impairments. 20 C.F.R. §§ 404.1520(e), 404.1545. In the fourth step, the ALJ determines whether the claimant has the residual functional capacity to perform past relevant work. 20

C.F.R. § 404.1520(a)(4)(iv). If the ALJ determines that the claimant is capable of performing past relevant work, then the claimant is deemed not disabled. Id. If the ALJ finds the claimant unable to perform past relevant work, then the analysis

proceeds to the fifth and final step. 20 C.F.R. § 404.1520(a)(4)(v). In this step, the ALJ must determine whether the claimant is able to perform any other work commensurate with her residual functional capacity, age, education, and work

experience. 20 C.F.R. § 404.1520(g)(1). Here, the burden of proof shifts from the claimant to the Commissioner to prove the existence, in significant numbers, of jobs in the national economy that the claimant can do given her residual functional capacity, age, education, and work experience. 20 C.F.R. §§ 404.1520(g)(1),

404.1560(c). The ALJ determined that Ms. Natal would meet the insured status requirements of the Act through March 31, 2019. R. 17, 19. Next, the ALJ found

that Ms. Natal “worked from the alleged onset date of July 1, 1994 through October 2014.” R. 19. The ALJ explained that it was “not necessary to determine whether that work activity constitutes disqualifying substantial gainful activity because, even assuming that it was not substantial gainful activity, there exists a valid basis for

denying [Ms. Natal’s] application.” R. 19. The ALJ decided that Ms. Natal had the following severe impairments: degenerative disc disease/lumbago. R. 20. The ALJ found that Ms. Natal’s obesity, hypothyroidism, degenerative joint disease of the left

knee, hyperlipidemia, and diverticulitis were not severe impairments because they did not “preclude work-related activities, or satisfy the durational requirements for the purpose of disability.” R. 20. Overall, the ALJ determined that Ms. Natal did not

have “an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments” to support a finding of disability. R. 20.

The ALJ found that Ms. Natal’s “statements concerning the intensity, persistence[,] and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record.” R. 21. The ALJ found that Ms. Natal had the “residual functional capacity to perform less than the full range of

medium work.” R. 20. The ALJ determined that Ms. Natal could: occasionally lift and/or carry, including upward pulling of fifty pounds; frequently lift and/or carry, including upward pulling of twenty-five pounds; sit for six hours in an eight-hour

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