Ray v. Astrue

718 F. Supp. 2d 65, 2010 U.S. Dist. LEXIS 60932, 2010 WL 2483301
CourtDistrict Court, District of Columbia
DecidedJune 21, 2010
DocketCivil Action 06-262 (CKK)
StatusPublished
Cited by5 cases

This text of 718 F. Supp. 2d 65 (Ray v. Astrue) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ray v. Astrue, 718 F. Supp. 2d 65, 2010 U.S. Dist. LEXIS 60932, 2010 WL 2483301 (D.D.C. 2010).

Opinion

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

Plaintiff Kevin Ray, Sr. brings this action seeking review of the final administrative decision by Defendant Michael J. Astrue, in his official capacity as Commissioner of Social Security (the “Commissioner”), 1 denying Plaintiffs claim for Sup *68 plemental Security Income Benefits (“SSIB”) pursuant to 42 U.S.C. § 405(g). Pending before the Court are Plaintiffs Motion for Judgment of Reversal and Defendant’s Motion for Judgment of Affirmance. 2 After reviewing the parties’ briefs, the administrative record, and the relevant case law, the Court shall GRANT Plaintiffs [5] Motion for Judgment of Reversal and shall DENY Defendant’s [6] Motion for Judgment of Affirmance. For the reasons that follow, the Commissioner’s decision below is reversed-in-part and is remanded for further proceedings consistent with this Memorandum Opinion.

I. BACKGROUND

A. Legal Framework and Procedural History

Plaintiff filed an application for SSIB pursuant to Title XVI of the Social Security Act on February 14, 1996. See Administrative Record (“A.R.”) at 98-99. To qualify for SSIB, a claimant must demonstrate a disability, which is defined by the Social Security Act as an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” See 42 U.S.C. § 416(i)(l); id. § 1382c(a)(3)(A). In addition, a claimant seeking SSIB must have a severe impairment that makes him unable to perform past relevant work or any other substantial gainful work that exists in the national economy. See id. § 423(d)(2)(A); 20 C.F.R. § 404.1505(a). Substantial gainful work activity is work activity that involves doing significant physical or mental activities and is the kind of work that is usually done for pay or profit. See 20 C.F.R. § 404.1572.

In making a disability determination, an Administrative Law Judge (“ALJ”) is required to use a five-step sequential analysis examining (1) the claimant’s recent work activity, (2) the severity and duration of the claimant’s impairments, (3) whether the claimant’s impairments are medically equivalent to those contained in the Listing of Impairments promulgated by the Social Security Administration, (4) the claimant’s residual functional capacity and ability to perform past work, and (5) the claimant’s ability to perform jobs reasonably available in the national economy. Id. §§ 404.1520(a)(4), 416.920(a)(4); see also Brown v. Barnhart, 408 F.Supp.2d 28, 32 (D.D.C.2006). At the first step in the analysis, the ALJ must determine whether the claimant is working and whether the work is substantial gainful activity; if so, the claim must be denied. See Brown, 408 F.Supp.2d at 32. At step two, the ALJ must determine whether the claimant’s impairments are severe; if they are not, the claim must be denied. Id. In step three, the ALJ compares the impairments to a listing of impairments that automatically qualify as a disability under the regulations. If the claimant’s impairments match those listed, disability is conclusively presumed. Id. If there is no match, the ALJ proceeds to step four and determines whether the claimant has any residual functional capacity to perform his old job. If so, the claim will be denied. Id. If not, the ALJ proceeds to step five and determines whether there is any other gainful work in the *69 national economy that the claimant could perform notwithstanding his disability. Although the claimant bears the burden of proof with respect to the first four steps of the analysis, at step five the burden shifts to the Social Security Administration to demonstrate that the claimant is able to perform “other work” based on his residual functional capacity, age, education, and past work experience. Butler v. Barnhart, 353 F.3d 992, 997 (D.C.Cir.2004). If so, the claim must be denied.

Plaintiffs application alleged an inability to work beginning on October 14, 1993, due to nerve damage to the right side and low back pain. A.R. at 98-99, 101. The application was denied initially and on reconsideration. Id. at 84-85. Plaintiff filed a timely request for a hearing, id. at 96-97, and a hearing was subsequently held before an Administrative Law Judge (“ALJ”) on October 23, 1997, see id. at 41. Following the hearing, the ALJ issued a decision unfavorable to Plaintiff. Id. at 12-27. Plaintiff requested review by the Appeal Council, id. at 10-11, which ultimately concluded that there was no basis for granting his request for review, id. at 7-8. Plaintiff appealed that decision to the United States District Court for the District of Columbia. See Ray v. Massanari, Civ. Act. No. 01-437(CKK). On January 31, 2004, this Court reversed the decision below in part and remanded to the Commissioner for further proceedings consistent with the issued decision. A.R. at 254-64.

On November 29, 2004, the Appeals Council vacated the final decision of the Commissioner and remanded the case to an ALJ for further proceedings. A second hearing was then held on November 21, 2005, in Washington, D.C. See id. at 224, 285. At the time of this hearing, Plaintiff was a 43 year-old male resident of the District of Columbia. Id. at 289-90. He has a 9th grade high school education and last worked in 1992 driving a truck. Id. at 290. Plaintiff was present at the hearing and was represented by counsel; an impartial vocational expert (“VE”) was present as well. Id. at 287. In a decision dated December 12, 2005, the ALJ again determined that Plaintiff was not disabled within the meaning of the Social Security Act and denied the requested benefits, which decision became the final decision of the Commissioner. See generally id. at 224-231.

At step me, the ALJ determined that Plaintiff had not engaged in substantial gainful activity since his alleged onset date. Id. at 226. At step two, the ALJ found that the medical evidence indicated that Plaintiff had “dislocations — all types; and affective disorders,” which qualified as “severe.” Id. The ALJ determined at step

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Bluebook (online)
718 F. Supp. 2d 65, 2010 U.S. Dist. LEXIS 60932, 2010 WL 2483301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-astrue-dcd-2010.