Parrish v. Berryhill

237 F. Supp. 3d 520, 2017 WL 713567, 2017 U.S. Dist. LEXIS 24767
CourtDistrict Court, S.D. Texas
DecidedFebruary 21, 2017
DocketCIVIL ACTION NO. H-15-3717
StatusPublished
Cited by3 cases

This text of 237 F. Supp. 3d 520 (Parrish v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parrish v. Berryhill, 237 F. Supp. 3d 520, 2017 WL 713567, 2017 U.S. Dist. LEXIS 24767 (S.D. Tex. 2017).

Opinion

MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

■ FRANCES H. STACY, UNITED STATES MAGISTRATE JUDGE .

Before the Court2 in this social security appeal is Defendant’s Motion for Summary Judgment and Brief in Support (Document No. 10) and Plaintiffs Cross Motion for Summary Judgment (Document No. 12). After considering the cross motions for summary judgment, each side’s Response to the other’s Motion for Summary Judgment (Document Nos. 14 & 15), the administrative record, the written decision of the Administrative. Law Judge dated August 11, 2015, and the applicable law, the Court ORDERS, for the reasons set forth below, that Plaintiffs Motion for Summary Judgment, is GRANTED, Defendant’s Motion for Summary Judgment is DENIED, and this matter is REMANDED to the Commissioner for further proceedings.

I. Introduction

Plaintiff Aaron Ray Parrish (“Parrish”) brings this action pursuant to Section 205(g) of the Social Security Act (“Act”), 42 U.S.C. § 405(g), seeking judicial review of an adverse final decision of the Commissioner of the Social Security Administration (“Commissioner”) on his claim for disability insurance benefits. In one claim, Parrish argues that “Defendant failed to consider all of the evidence.” Plaintiffs Motion for Summary Judgment (Document No. 12) at 1. The Commissioner, in contrast, argues that there is substantial evidence in the record to support the ALJ’s decision, that the decision’ comports with applicable law, and that the decision should be affirmed.

II. Procedural History

On or about January 25, 2013, Parrish filed an application for disability insurance benefits (“DIB”), claiming that he had been unable to work’ since April 1, 2009, as a result of post-traumatic stress disorder; depression, and chronic leg and back pain (Tr. 203-205; 222). The Social Security Administration denied his application at the initial and reconsideration stages. After that, Parrish requested a hearing before an ALJ. The Social Security Administration granted his request and the ALJ, Robert N. Burdette, held a hearing on May 12, 2015, which was re-convened on July 16, 2015, at which Parrish’s claims were considered de novo. (Tr. 29-46). Thereafter, on August 11, 2015, the ALJ issued his decision finding Parrish not disabled. (Tr. 10-25).

Parrish sought review of the ALJ’s adverse decision with the Appeals Council. [523]*523The Appeals Council will grant a request to review an ALJ’s decision if any of the following circumstances are present: (1) it appears that the ALJ -abused his discretion; (2) the ALJ made an error of law in reaching his conclusion; (3) substantial evidence does not support the ALJ’s actions, findings or conclusions; or (4) a broad policy issue may affect the public interest. 20 C.F.R. § 416.1470. On October 19, 2015, the Appeals Council found no basis for review (Tr. 1-3), and the ALJ’s decision thus became final.

Parrish filed a timely appeal of the ALJ’s decision. 42 U.S.C. § 405(g). Both sides have filed a Motion for Summary Judgment, each of which has been- fully briefed. The appeal is now ripe for ruling.

III. Standard for Review of Agency Decision

The court’s review of a denial of disability benefits is limited “to determining (1) whether substantial evidence supports the Commissioner’s decision, and (2) whether the Commissioner’s decision comports with relevant legal standards.” Jones v. Apfel, 174 F.3d 692, 693 (5th Cir. 1999). Indeed, Title 42, Section 405(g) limits judicial review of the Commissioner’s decision: “The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.” The Act specifically grants the district court the power to enter judgment, upon the pleadings and transcript, “affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing” when not supported by substantial evidence. 42 U.S.C. § 405(g). While it is incumbent upon the court to examine the record in its entirety to decide whether the decision is supportable, Simmons v. Harris, 602 F.2d 1233, 1236 (5th Cir. 1979), the court may not “reweigh the evidence in the record nor try the issues de novo, nor substitute [its] judgment for that of the [Commissioner] even if the evidence preponderates against the [Commissioner’s] decision.” Johnson v. Bowen, 864 F.2d 340, 343 (5th Cir. 1988); Jones v. Apfel, 174 F.3d 692, 693 (5th Cir. 1999); Cook v. Heckler, 750 F.2d 391 (5th Cir. 1985). Conflicts in the evidence are for the Commissioner to resolve. Anthony v. Sullivan, 954 F.2d 289, 295 (5th Cir. 1992).

The United States Supreme Court has defined “substantial evidence,” as used in the Act, to be “such, relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938). Substantial evidence is “more than a scintilla and less than a preponderance.” Spellman v. Shalala, 1 F.3d 357, 360 (5th Cir. 1993). The evidence must create more than “a suspicion of the existence of the fact to be established, but no ‘substantial evidence’ will be found only where there is a ‘conspicuous absence of credible choices’ or ‘no contrary medical evidence.’ ” Hames v. Heckler, 707 F.2d 162, 164 (5th Cir. 1983).

IV. Burden of Proof

An individual claiming entitlement to disability insurance benefits under the Act has the burden of proving his disability. Johnson v. Bowen, 864 F.2d 340, 344 (5th Cir. 1988).

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237 F. Supp. 3d 520, 2017 WL 713567, 2017 U.S. Dist. LEXIS 24767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parrish-v-berryhill-txsd-2017.