Olmeda v. Astrue

16 F. Supp. 3d 23, 2014 WL 1477402, 2014 U.S. Dist. LEXIS 52752
CourtDistrict Court, D. Puerto Rico
DecidedApril 15, 2014
DocketCivil No. 12-1894(JA)
StatusPublished
Cited by6 cases

This text of 16 F. Supp. 3d 23 (Olmeda v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olmeda v. Astrue, 16 F. Supp. 3d 23, 2014 WL 1477402, 2014 U.S. Dist. LEXIS 52752 (prd 2014).

Opinion

[25]*25 OPINION AND ORDER

JUSTO ARENAS, United States Magistrate Judge.

I. PROCEDURAL BACKGROUND

On October 26, 2012, plaintiff filed this petition for judicial review of a final decision of the Commissioner of Social Security which denied his application for a period of disability and Social Security disability insurance benefits. (Docket No. 1). He had filed an application for benefits on October 28, 2010 alleging disability due to sleep apnea, depression, severe high blood pressure, a back injury, and early stages of post traumatic stress disorder (PTSD). (Tr. at 237-39).

Pursuant to 42 U.S.C. § 405(g), the court is empowered to affirm, modify, reverse or remand the decision of the Commissioner, based upon the pleadings and transcript of the record. See 42 U.S.C. § 405(g). In reviewing a Social Security decision, the factual findings of the Commissioner shall be conclusive if supported by “substantial evidence” in the record. See Ortiz v. Sec’y of Health & Hitman Servs., 955 F.2d 765, 769 (1st Cir.1991) (quoting 42 U.S.C. § 405(g)). “Substantial evidence” is more than a “mere scintilla,” see Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971), in other words, it is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” See id.; also see Currier v. Sec’y of Health, Education and Welfare, 612 F.2d 594, 597 (1st Cir.1980); Taylor v. Astrue, 899 F.Supp.2d 83, 85 (D.Mass.2012). In reaching the final decision, it is the Commissioner’s responsibility to determine issues of credibility and to draw inferences from the evidence in the record. See Rodriguez v. Sec’y of Health & Human Servs., 647 F.2d 218, 222 (1st Cir.1981).

Plaintiff has the burden of proving that he has become disabled within the meaning of the Social Security Act. See Bowen v. Yuckert, 482 U.S. 137, 146, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987); Rivera-Tufino v. Commissioner of Social Sec., 731 F.Supp.2d 210, 212-13 (D.P.R.2010). A finding of disability requires that plaintiff be unable to perform any substantial gainful activity or work because of a medical condition which has lasted or which can be expected to last for a continuous period of at least twelve months. See 42 U.S.C. § 416(i)(l). In general terms, evidence of a physical or mental impairment or a combination of both is insufficient for the Commissioner to award benefits. There must be a causal relationship between such impairment or impairments and plaintiffs inability to perform substantial gainful activity. See McDonald v. Sec’y of Health & Human Servs., 795 F.2d 1118, 1120 (1st Cir.1986). Partial disability does not qualify a claimant for benefits. See Rodríguez v. Celebrezze, 349 F.2d 494, 496 (1st Cir.1965).

The only issue for the court to determine is whether the final decision that plaintiff is not under a disability is supported by substantial evidence in the record when looking at such record as a whole. In order to be entitled to such benefits, plaintiff must establish that he was disabled under the Act at any time on or before June 28, 2012, the date of the Commissioner’s final decision. Plaintiff continues to meet the earnings requirements for disability benefits under the Social Security Act until December 31, 2016 but not after that date. See Evangelista v. Sec’y of Health & Human Servs., 826 F.2d 136, 140 n. 3 (1st Cir.1987).

After evaluating the evidence of record, Administrative Law Judge Harold Gran-[26]*26ville entered the following findings on June 28, 2012:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2016.
2. The claimant has not engage in substantial gainful activity since July 1, 2010, the alleged disability onset date (20 C.F.R. § 404.1571 et seq.).
3. The claimant has the following severe impairments: cervical and lumbar degenerative disc disease, sleep apnea, high blood pressure, depression and post-traumatic stress disorder (20 C.F.R. § 404.1520(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525 and 404.1526).
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 C.F.R. § 404.1567(b), except that he has to avoid skilled and semiskilled functions. He is capable of unskilled work avoiding environmental hazards and not dealing with the public.
6. The claimant is unable to perform his past relevant work (20 C.F.R. § 404.1565).
7. The claimant was born on September 1, 1966 and was 43 years old, which is defined as a younger individual age 18^9, on the alleged disability onset date (20 C.F.R. § 404.1563).
8. The claimant has at least a high school education and is able to communicate in English (20 C.F.R. § 404.1564).
9. Transferability of skills is not material to the determination of disability because applying the Medical-Vocational Rules directly supports a finding of “not disabled,” whether or not the claimant has transferable job skills (See SSR 82-41 and 20 C.F.R.

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Bluebook (online)
16 F. Supp. 3d 23, 2014 WL 1477402, 2014 U.S. Dist. LEXIS 52752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olmeda-v-astrue-prd-2014.