Owens v. Barnhart

400 F. Supp. 2d 885, 2005 U.S. Dist. LEXIS 23397, 2005 WL 2563039
CourtDistrict Court, W.D. Virginia
DecidedOctober 13, 2005
Docket1:05cv00038
StatusPublished
Cited by1 cases

This text of 400 F. Supp. 2d 885 (Owens v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. Barnhart, 400 F. Supp. 2d 885, 2005 U.S. Dist. LEXIS 23397, 2005 WL 2563039 (W.D. Va. 2005).

Opinion

MEMORANDUM OPINION

SARGENT, United States Magistrate Judge.

In this social security case, I affirm the final decision of the Commissioner denying benefits.

I. Background and Standard of Review

Plaintiff, Lonzy C. Owens, filed this action challenging the final decision of the Commissioner of Social Security, (“Commissioner”), denying plaintiffs claims for disability insurance benefits, (“DIB”), and supplemental security income, (“SSI”), under the Social Security Act, as amended, (“Act”), 42 U.S.C.A. §§ 423 and 1381 et seq. (West 2003 & Supp.2005). Jurisdiction of this court is pursuant to 42 U.S.C.A. § 405(g) and § 1383(c)(3). This case is before the undersigned magistrate judge upon transfer pursuant to the consent of the parties under 28 U.S.C.A. § 636(c)(1).

The court’s review in this case is limited to determining if the factual findings of the Commissioner are supported by substantial evidence and were reached through application of the correct legal standards. See Coffman v. Bowen, 829 F.2d 514, 517 (4th Cir.1987). Substantial evidence has been defined as “evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence, but may be somewhat less than a preponderance.” Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966). “ ‘If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is ‘substantial evidence.’ ’ ” Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir.1990) (quoting Laws, 368 F.2d at 642).

The record shows that Owens protectively filed applications for DIB and SSI on or about July 17, 2002, alleging disability as of April 21, 2000, based on hyperten *887 sion, regional ileitus, 1 degenerative disc disease, rheumatoid arthritis, bulging discs in the neck, pinched nerves in the neck, asthma, emphysema, continual pain in middle and lower back, depression, anxiety, tension, agitation, continual pain in the neck and numbness in the left outside arm from the shoulder to the elbow, the right little finger and the adjacent edge of the palm of the right hand up to the wrist. (Record, (“R.”), 62-65, 78, 85, 245-47.) Owens’s claims were denied both initially and on reconsideration. (R. at 35, 37-39, 40-42, 46-47, 249-51.) Owens requested a hearing before an administrative law judge, (“ALJ”), (R. at 43), and this hearing was held on May 5, 2004, at which Owens was represented by counsel. (R. at 257-97.)

By decision dated June 22, 2004, the ALJ denied Owens’s claims. (R. at 17-26.) The ALJ found that Owens met the disability insured status requirements of the Act for disability purposes through the date of the decision. (R. at 25.) The ALJ found that Owens had not engaged in substantial gainful activity since April 21, 2000. (R. at 25.) The ALJ also found that Owens had severe impairments, namely cervical radiculopathy, degenerative osteoarthritis of the left shoulder joint, degenerative disc disease of the lumbar spine and chronic obstructive pulmonary disease, (“COPD”), 2 but he found that Owens did not have an impairment or combination of impairments listed at or medically equal to one listed at 20 C.F.R. Part 404, Subpart P, Appendix 1. (R. at 25.) The ALJ further found that Owens’s allegations regarding his ■ limitations were not totally credible. (R. at 25.) The ALJ found that Owens retained the residual functional capacity to perform light work, 3 diminished by an ability to only occasionally climb, balance, stoop, kneel, crouch and crawl, an inability to sustain steady extension of the left arm, a limited ability to write with the dominant hand, an inability to repetitively turn, flex and extend the arms bilaterally and a need to avoid extreme temperatures, humidity, fumes and allergens. (R. at 25.) Thus, the ALJ found that Owens could perform his past relevant work as a teacher. (R. at 25.) The ALJ further found that Owens was not disabled as .defined by the Act and was not eligible for benefits. (R. at 25-26.) See 20 C.F.R. §§ 404.1520(f), 416.920(f) (2005).

After the ALJ issued his decision, Owens pursued his administrative appeals, (R. at 13), but the Appeals Council denied his request for review. (R. at 6-9.) Owens then filed this action seeking review of the ALJ’s unfavorable decision, which now stands as the Commissioner’s final decision.’ See 20 C.F.R. §§ 404.981, 416.1481 (2005). This case is before this court on Owens’s motion for summary judgment filed September 26, 2005. Based on the decision set forth below, I dispense with the requirement that the Commissioner file written legal arguments in this matter.

II. Facts■ and Analysis

Owens was born in 1944, (R. at 63, 245), which classifies him as a person of advanced age under 20 C.F.R. *888 §§ 404.1563(e), 416.963(e) (2005). He has a college education and a master’s degree in education. (R. at 84, 263.) He has past relevant work experience as a teacher, a college professor, an electrician’s helper and an industrial construction foreman. (R. at 87, 265-72.)

At his hearing, Owens testified that he last worked in 2000 as a foreman in a clean room for approximately four and one-half years. (R. at 265, 267.) He stated that he had to quit after being involved in a motor vehicle accident that resulted in a dislocated shoulder and scrapes and cuts to the head, right ear and left elbow. (R. at 267, 274.) Owens further testified that he had suffered from chronic neck pain since the accident. (R. at 274.) He stated that he had not attempted to return to work since that time. (R. at 271.) Owens further stated that his abilities to read and write had diminished since the accident, noting that his hands cramped and would “lock up” on him when he tried to write. (R. at 272-73.) He further testified that he had been diagnosed with depression, which affected his ability to concentrate. (R. at 273.) He testified that he had been diagnosed with back problems, degenerative disc disease with radiculopathy, osteoarthritis of the left shoulder, COPD, emphysema, asthma, a fixed airway obstruction, pulmonary hyperinflation, an anxiety disorder, depression, hypertension and regional ileitis. (R. at 275-76.)

Owens testified that he experienced anxiety while he was teaching and “probably a little bit” of depression. (R. at 277.) He stated that some of the other teachers thought that he was “odd.” (R.

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Bluebook (online)
400 F. Supp. 2d 885, 2005 U.S. Dist. LEXIS 23397, 2005 WL 2563039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-barnhart-vawd-2005.