Reed v. Astrue

901 F. Supp. 2d 1331, 2012 WL 4497635, 2012 U.S. Dist. LEXIS 140224
CourtDistrict Court, S.D. Alabama
DecidedSeptember 28, 2012
DocketCivil Action No. 11-00376-B
StatusPublished

This text of 901 F. Supp. 2d 1331 (Reed v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reed v. Astrue, 901 F. Supp. 2d 1331, 2012 WL 4497635, 2012 U.S. Dist. LEXIS 140224 (S.D. Ala. 2012).

Opinion

ORDER

SONJA F. BIVINS, United States Magistrate Judge.

Plaintiff Claudia M. Reed (“Plaintiff’) brings this action seeking judicial review of a final decision of the Commissioner of Social Security denying her claim for a period of disability, disability insurance benefits, and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. § 401 et seq., and 1381 et seq. On April 24, 2012, the parties consented to have the undersigned conduct any and all proceedings in this case; and as a result, this action was referred to the undersigned to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. § 636(c). (Docs. 22, 23). Oral argument was held on April 24, 2012. Upon careful consideration of the administrative record, the memoranda of the parties, and the representations of counsel at oral argument, it is hereby ORDERED that the decision of the Commissioner be REVERSED and REMANDED.

I. Procedural History

Plaintiff protectively filed applications for a period of disability, disability insurance benefits, and supplemental security income on May 14, 2009. (Tr. 131-37). Plaintiff alleges that she has been disabled since May 9, 2009, due to a heart condition and depression. (Id. at 131, 151, 183). Her application was denied at the initial stage (id. at 78-82), and she filed a timely Request for Hearing before an Administrative Law Judge (“ALJ”). (Id. at 83-84). On November 22, 2010, Administrative Law Judge Linda Helm held an administrative hearing, which was attended by Plaintiff, her attorney, and vocational expert Jody Skinner. (Tr. 32-63). On December 9, 2010, the ALJ issued an unfavorable decision finding that Plaintiff is not disabled. (Id. at 13-31). Plaintiffs request for review was denied by the Appeals Council (“AC”) on May 27, 2011. (Id. at 1-4, 9-12).

The parties agree that this case is now ripe for judicial review and is properly [1333]*1333before this Court pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).

II. Issues on Appeal

A. Whether the ALJ erred by improperly evaluating the opinions of Plaintiffs treating physicians, Dr. Hardy and Dr. Sharpe?

B. Whether the ALJ erred by failing to order a consultative cardiac examination?

C. Whether the ALJ erred in finding that Plaintiff retained the RFC to perform light work?

III. Factual Background

Plaintiff was born on March 1, 1976, and was 34 years old at the time of the administrative hearing. (Tr. 37, 64, 66). She earned her GED and has worked in the past as a day care worker, fast food worker, and cashier/checker. (Id. at 25, 38, 42, 152, 176, 201). Plaintiff reported that she stopped working due to chest pains, numbness in her hands, and swelling. (Id. at 151). Plaintiff also reported that since she experienced a heart attack, she “stay[s] out of breath all the time”, and that she experiences shortness of breath and tightness in her chest when walking short distances or standing for thirty minutes. (Id. at 44-49). Plaintiff indicated that she does not have any problems sitting. (Id. at 49). Plaintiff also testified that she is not receiving any treatment for her alleged depression. (Id. at 47).

According to Plaintiff, she is able to drive, clean her house, take care of her two children, aged 15 years and 16 months, and handle her finances. (Id. at 51-52). Plaintiff testified that she stays home a lot because it is a big job for her to lift her baby in and out of his car seat. (Id.).

IV. Analysis

A. Standard Of Review

In reviewing claims brought under the Act, this Court’s role is a limited one. The Court’s review is limited to determining 1) whether the decision of the Secretary is supported by substantial evidence and 2) whether the correct legal standards were applied. Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990).1 A court may not decide the facts anew, reweigh the evidence, or substitute its judgment for that of the Commissioner. Sewell v. Bowen, 792 F.2d 1065, 1067 (11th Cir.1986). The Commissioner’s findings of fact must be affirmed if they are based upon substantial evidence. Brown v. Sullivan, 921 F.2d 1233, 1235 (11th Cir.1991); Bloodsworth v. Heckler, 703 F.2d 1233,1239 (11th Cir.1983) (holding substantial evidence is defined as “more than a scintilla but less than a preponderance” and consists of “such relevant evidence as a reasonable person would accept as adequate to support a conclusion.”). In determining whether substantial evidence exists, a court must view the record as a whole, taking into account evidence favorable, as well as unfavorable, to the Commissioner’s decision. Chester v. Bowen, 792 F.2d 129, 131 (11th Cir.1986); Short v. Apfel, 2001 WL 228055, 1999 U.S. Dist. LEXIS 10163 (S.D.Ala.1999).

B. Discussion

An individual who applies for Social Security disability benefits must prove his disability. 20 C.F.R. §§ 404.1512, 416.912. Disability is defined as the “inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous [1334]*1334period of not less than twelve months.” 42 U.S.C. § 423(d)(1)(A), 20 C.F.R. §§ 404.1505(a), 416.905(a). The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven her disability. 20 C.F.R. §§ 404.1520, 416.920.2

In the case sub judice, the ALJ determined that Plaintiff met the non-disability requirements for disability insurance benefits through December 31, 2013. (Tr. 18).

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Bluebook (online)
901 F. Supp. 2d 1331, 2012 WL 4497635, 2012 U.S. Dist. LEXIS 140224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-astrue-alsd-2012.