Ogburn v. Commissioner of Social Security Administration

992 F. Supp. 882, 1997 WL 816370
CourtDistrict Court, E.D. Texas
DecidedNovember 10, 1997
DocketNo. 9:96-CV-10
StatusPublished
Cited by3 cases

This text of 992 F. Supp. 882 (Ogburn v. Commissioner of Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ogburn v. Commissioner of Social Security Administration, 992 F. Supp. 882, 1997 WL 816370 (E.D. Tex. 1997).

Opinion

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Heartfield, District Judge.

Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Secretary of Health and Human Services denying plaintiffs application for disability insurance benefits.

The court heretofore ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The court has received and considered the Report of the United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. No objections to the Report of the United States Magistrate Judge were filed by the parties.

[885]*885Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this ease in accordance with the magistrate judge’s recommendations.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

HINES, United States Magistrate Judge.

I. Introduction

Plaintiff Leonard R. Ogburn brings this action seeking judicial review of the final decision by the Commissioner of the Social Security Administration (“Commissioner”). The Commissioner granted Ogburn’s application for disability benefits for a period of disability from November 1991 to February 1994, but denied plaintiffs application as it related to benefits beyond February 1994. Ogburn seeks judicial review of the portion of the Commissioner’s decision denying plaintiff benefits.

This case is referred to the undersigned United States Magistrate Judge for review, hearing if necessary, and submission of a report with recommended findings and conclusions of law. See 28 U.S.C. § 636(b)(1)(B) and Local Rules for the Assignment of Duties to United States Magistrate Judges. Jurisdiction is invoked pursuant to 42 U.S.C. § 405(g).

II. Factual Background and Administrative Proceedings Below

Plaintiff filed his application for disability benefits on February 16, 1993, alleging disability due to back injuries. (Tr. at 26). The Commissioner denied plaintiffs application initially and on reconsideration. Plaintiff then requested and received a hearing before the Administrative Law Judge (“ALJ”). (Tr. at 31, 45, 48). On September 26, 1994, plaintiff appeared pro se and testified at the hearing. (Tr. at 118-141). The ALJ found that Ogburn qualified for benefits from November 26, 1991 to February 15, 1994. Because he further found that Ogbum’s disability ceased as of February 15, 1994, the ALJ denied Ogburn’s application as it related to future benefits. (Tr. at 18-19).

Plaintiff then requested Appeals Council review of the adverse portion of the Commissioner’s decision. The Appeals Council denied Ogburn’s request. (Tr. at 4-5). Having exhausted all administrative remedies, plaintiff filed this appeal in the district court.

III. Judicial Review

The court’s role is to determine whether the Commissioner applied the proper legal standards and whether the decision is supported by substantial evidence. Leggett v. Chater, 67 F.3d 558, 564 (5th Cir.1995); Anthony v. Sullivan, 954 F.2d 289, 292 (5th Cir.1992). Substantial evidence is more than a scintilla, but less than a preponderance, Anthony v. Sullivan, 954 F.2d 289, 292 (5th Cir.1992), it requires evidence relevant and sufficient for a reasonable mind to accept as adequate to support a conclusion, Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); Marcello v. Bowen, 803 F.2d 851, 853 (5th Cir.1986) (citing Jones v. Heckler, 702 F.2d 616, 620 (5th Cir.1983)), and must be “enough to justify,' if the trial were submitted to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.” National Labor Relations Bd. v. Columbian Enameling & Stamping Co., 306 U.S. 292, 299-300, 59 S.CT. 501, 504-05, 83 L.Ed. 660 (1939), cited in Harvey L. McCormick, Social Security Claims And Procedures § 672, at 193 & n.1 (4th ed.1991).

This court should scrutinize the whole record to determine whether substantial .evidence exists. Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir.1994), cert. denied 514 U.S. 1120, 115 S.Ct. 1984, 131 L.Ed.2d 871 (1995); Ransom v. Heckler, 715 F.2d 989, 992 (5th Cir.1983). The ' court should not, however, proceed to reweigh the evidence or review the ALJ’s decision de novo. Haywood v. Sullivan, 888 F.2d 1463, 1466 (5th Cir.1989); Neal v. Bowen, 829 F.2d 528, 530 (5th Cir.1987). Rather, it is for the Commissioner to weigh the evidence and to resolve any conflicts. Anthony v. Sullivan, 954 F.2d at 295; Selders v. Sullivan, 914 F.2d 614, 617 (5th Cir.1990). If supported by substantial [886]*886evidence, the Commissioner’s findings are conclusive and must be affirmed. Richardson v. Perales, 402 U.S. at 401, 91 S.Ct. at 1427 (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 230, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938)); see also, 42 U.S.C. § 405(g).

To determine whether substantial evidence supports the Commissioner’s decision, the court must examine four elements of proof: (1) objective medical facts; (2) diagnoses and opinions of treating and examining physicians; (3) claimant’s subjective evidence of pain; and (4) claimant’s educational background, age, and work history. Owens v. Heckler, 770 F.2d 1276, 1279 (5th Cir.1985) (citing DePaepe v. Richardson, 464 F.2d 92, 94 (5th Cir.1972)). Plaintiff raised issues as to the first, second, and third elements.

IV. Eligibility for Disability Insurance Benefits

To qualify for disability insurance benefits, the plaintiff must meet the requirements set forth in the Social Security Act (“Act”). See, 42 U.S.C. § 423(a).

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992 F. Supp. 882, 1997 WL 816370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogburn-v-commissioner-of-social-security-administration-txed-1997.