Quick Bear v. Colvin

128 F. Supp. 3d 1163, 2015 U.S. Dist. LEXIS 118302, 2015 WL 5177865
CourtDistrict Court, D. South Dakota
DecidedSeptember 4, 2015
DocketNo. CIV. 13-5006-JLV
StatusPublished

This text of 128 F. Supp. 3d 1163 (Quick Bear v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quick Bear v. Colvin, 128 F. Supp. 3d 1163, 2015 U.S. Dist. LEXIS 118302, 2015 WL 5177865 (D.S.D. 2015).

Opinion

ORDER

JEFFREY L. VIKEN, Chief Judge.

INTRODUCTION

Plaintiff Willa Quick Bear filed a complaint appealing from an administrative law judge’s (“ALJ”) decision denying disability benefits. (Docket 1). Defendant1 denies plaintiff is entitled to benefits. (Docket 9). The court issued a briefing schedule requiring the parties to file a joint statement of material facts (“JSMF”). (Docket 11). The parties filed their JSMF. (Docket 15). For the reasons stated below, plaintiffs motion to reverse the decision of the Commissioner (Docket 17) is granted.

FACTUAL AND PROCEDURAL HISTORY

The parties’ JSMF (Docket 15) is incorporated by reference. Further recitation of salient facts is included in the discussion section of this order.

On May 13, 2009, Ms. Quick Bear applied for Social Security disability and supplemental security income benefits alleging a disability date of January 6, 2009. Id. ¶ 1. An evidentiary hearing was held on July 6, 2011, before an ALJ. Id. ¶2. On July 18, 2011, the ALJ issued a decision finding Ms. Quick Bear was not disabled and denying benefits. Id. ¶3; see also Administrative Record, pp. 15-24.2 Ms. Quick Bear sought review by the Appeals Council, which denied the request. (Docket 15 ¶ 3). The ALJ’s decision is the final decision of the Commissioner of the Social Security Administration. Ms. Quick Bear timely filed a complaint requesting judicial review. (Docket 1).

The issue before the court is whether the ALJ’s decision that Ms. Quick Bear was not “under a disability within the meaning of the Social Security Act, from January 16, 2009, through [July 18, 2011]” is supported by the substantial evidence in the record as a whole. (AR at p. 15); see also Howard v. Massanari, 255 F.3d 577, 580 (8th Cir.2001) (“By statute, the findings of the Commissioner of Social Se[1166]*1166curity as to any fact, if supported by substantial evidence, shall be conclusive”) (internal quotation marks and brackets omitted) (citing 42 U.S.C. § 405(g)).

STANDARD OF REVIEW

The Commissioner’s findings must be upheld if they are supported by substantial evidence in the record as a whole. 42 U.S.C. § 405(g); Choate v. Barnhart, 457 F.3d 865, 869 (8th Cir.2006); Howard, 255 F.3d at 580. The court reviews the Commissioner’s decision to determine if an error of law was committed. Smith v. Sullivan, 982 F.2d 308, 311 (8th Cir.1992). “Substantial evidence is less than a preponderance, but is enough that a reasonable mind would find it adequate to support the Commissioner’s conclusion.” Cox v. Barnhart, 471 F.3d 902, 906 (8th Cir. 2006) (internal citation and quotation marks omitted).

The review of a decision to deny disability benefits is “more than an examination of the record for the existence of substantial evidence in support of the Commissioner’s decision ... [the court must also] take into account whatever in the record fairly detracts from that decision.” Reed v. Barnhart, 399 F.3d 917, 920 (8th Cir.2005) (quoting Haley v. Massanari, 258 F.3d 742, 747 (8th Cir.2001)). It is not the role of the court to re-weigh the evidence and, even if this court would decide the case differently, it cannot reverse the decision of the Commissioner if that decision is supported by good reason and is based on substantial evidence. Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir.2005). A reviewing court may not reverse the Commissioner’s decision “ ‘merely because substantial evidence would have supported an opposite decision.’ ” Reed, 399 F.3d at 920 (quoting Shannon v. Chater, 54 F.3d 484, 486 (8th Cir.1995)).

DISCUSSION

The Social Security Administration established a five-step sequential evaluation process for determining whether an individual is disabled. 20 C.F.R. §§ 404.1520(a)(4) and 416.920(a). If the ALJ determines a claimant is not disabled at any step of the process, the evaluation does not proceed to the next step as the claimant is not disabled. Id. The ALJ applied the five-step sequential evaluation required by the Social Security Administration regulations. (AR at pp. 18-24).

Ms. Quick Bear challenges the ALJ’s decision on two grounds. Those are:

1. Did the ALJ properly determine Ms. Quick Bear’s credibility?

2. Did the ALJ properly consider the opinions of a treating physician? (Docket 17). Each of these issues will be separately addressed.

1. DID THE ALJ PROPERLY DETERMINE MS. QUICK BEAR’S CREDIBILITY?

At step two of the evaluation process the ALJ found Ms. Quick Bear had the following severe impairments: “Degenerative disc disease of the lumbar spine, Diabetes Mellitus, and Obesity....” (AR at p. 18). It is undisputed Ms. Quick Bear suffered “very extensive degenerative disease primarily around the L5-SI [and] L4-L5 range with spurring of lateral vertebrae throughout L2-3-4 and L5 disk space narrowing and some bridging is noted quite extensively throughout the lumbosacral vertebrae.” (Docket 15 ¶ 54). The ALJ noted this portion of the medical record. “X-rays of the lumbar spine showed several levels of degenerative disc disease.”3 [1167]*1167(AR at p. 20). There is no mention of the impact of this severe impairment throughout the remainder of the ALJ’s decision.

Concerning Ms. Quick Bear’s diabetes, the ALJ made the following findings:

The claimant’s diabetes has been poorly-controlled .... She had not been compliant with her diet and medication. (AR at p. 20);
[T]he claimant acknowledged that she is still eating lots of fried foods ... She had not been adhering to the low fat diabetic diet.... She admitted to being challenged in trying to eat correctly. Id. at p. 21;
[T]he claimant was not reliably doing accu-checks____ She stated that her meals were frequently eaten away from her home. She is noncompliant lately.... She gets treatment for diabetes but complained that the health care on the reservation is poor. Id. at p. 22; and
The claimant has poor compliance with taking care of her diabetes, monitoring her blood sugars, taking her medications, and properly eating.

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Bluebook (online)
128 F. Supp. 3d 1163, 2015 U.S. Dist. LEXIS 118302, 2015 WL 5177865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quick-bear-v-colvin-sdd-2015.