Rice v. Kijakazi

CourtDistrict Court, E.D. Virginia
DecidedOctober 1, 2024
Docket1:23-cv-00376
StatusUnknown

This text of Rice v. Kijakazi (Rice v. Kijakazi) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rice v. Kijakazi, (E.D. Va. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

ALMA DENISE RICE, ) ) Plaintiff, ) ) v. ) 1:23-cv-376 (IDD) ) KILOLO KIJAKAZI, Acting Commissioner of ) Social Security, ) ) Defendant. ) )

MEMORANDUM OPINION This matter is before the Court on the parties’ cross-motions for summary judgment. (Dkt. Nos. 9, 14). Pursuant to 42 U.S.C. § 405(g), Alma Denise Rice (“Plaintiff”) seeks judicial review of the final decision of the Commissioner of the Social Security Administration (“Commissioner” or “Defendant”) denying her claim for disability insurance benefits (“DIB”) under Titles II and XVI of the Social Security Act (“the Act”), 42 U.S.C. §§ 401–34, 1381-83. For the reasons stated below, Plaintiff’s Motion for Summary Judgment (Dkt. No. 9) is DENIED, and Defendant’s Motion for Summary Judgment (Dkt. No. 14) is GRANTED. I. PROCEDURAL BACKGROUND Plaintiff filed an application for DIB on March 9, 2021, and for Supplemental Security Income (“SSI”) on January 12, 2022, alleging disability since December 29, 2018, due to type II diabetes and limited vision in the left eye. Administrative Record (“R.”) at 33, 74. Plaintiff’s claims were denied initially on August 3, 2021, and again on reconsideration on December 7, 2021. R. at 74-86. Plaintiff requested an administrative hearing before an Administrative Law Judge (“ALJ”), which the ALJ held on June 22, 2022. R. at 49-67, 104-05. On June 27, 2022, the ALJ issued a decision finding that Plaintiff was not disabled within the meaning of the Act. R. at 33-42. On February 9, 2023, the Appeals Council for the Office of Disability and Adjudication denied Plaintiff’s request for review of the ALJ’s decision, rendering the ALJ’s decision the final decision of the Commissioner for purposes of review under 42 U.S.C. § 405(g). R. at 1-3. Having

exhausted her administrative remedies, Plaintiff filed the instant suit challenging the ALJ’s decision on March 21, 2023. Dkt. No. 1. On August 23, 2023, the parties filed their Consent to the Exercise of Jurisdiction by a United States Magistrate Judge. Dkt. No. 12. On August 28, 2023, the Honorable U.S. District Judge Patricia Tolliver Giles, ordered that the case be reassigned to the undersigned. Dkt. No. 13. On August 21, 2023, and September 20, 2023, the parties filed their respective cross-motions for summary judgment, and this matter is ripe for disposition. Dkt. Nos. 9, 14. II. STANDARD OF REVIEW In reviewing the Commissioner’s decision to deny benefits, a district court “must uphold the factual findings of the [ALJ] if they are supported by substantial evidence and were reached

through application of the correct legal standard.” Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012) (alteration in original) (citation omitted). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (citing Richardson v. Perales, 402 U.S. 389, 401 (1971)). It is more than a mere scintilla but less than a preponderance of the evidence. Mastro v. Apfel, 270 F.3d 171, 176 (4th Cir. 2001). An ALJ is required to analyze all relevant evidence and sufficiently explain his or her findings. Sterling Smokeless Coal Co. v. Akers, 131 F.3d 438, 439–40 (4th Cir. 1997). Review is highly deferential, and the Court should not “undertake to re-weigh conflicting evidence, make credibility determinations, or substitute [its] judgment for that of the [ALJ].” Johnson v. Barnhart, 434 F.3d 650, 653. However, if the ALJ’s determination is not supported by substantial evidence in the record, or if the ALJ has made an error of law, the district court must reverse the decision. See Coffman v. Bowen, 829 F.2d 514, 517 (4th Cir. 1987). The Commissioner’s factual findings, if supported by substantial evidence, are conclusive and must be affirmed. Perales, 402 U.S. at 390.

The Fourth Circuit applies a harmless error analysis to social security DIB determinations. See Mascio v. Colvin, 780 F.3d 632, 639 (4th Cir. 2015). The harmless error doctrine applies when the ALJ’s decision is “overwhelmingly supported by the record though the agency’s original opinion failed to marshal that support” and a remand would be “a waste of time.” Williams v. Berryhill, No. 1:17-CV-167, 2018 WL 851259, at *8 (E.D. Va. Jan. 18, 2018) (citing Bishop v. Comm’r of Soc. Sec., 583 Fed. Appx. 65, 67 (4th Cir. 2014) (per curiam)). A harmless error occurs when a court can conclude on the basis of the ALJ’s entire opinion that the error did not substantively prejudice the claimant. See Lee v. Colvin, No. 2:16-CV-61, 2016 WL 7404722, at *8 (E.D. Va. Nov. 29, 2016). When conducting a harmless error analysis, a court must estimate “the likelihood that the result would have been different.” See Morton-Thompson v. Colvin, No. 3:14-

CV-179, 2015 WL 5561210, at *7 (E.D. Va. Aug. 19, 2015) (citing Shineski v. Sanders, 556 U.S. 396, 411–12 (2009)). III. DETERMINING DISABILITY AND THE ALJ’S DECISION A. Determining Disability and the Sequential Analysis The Social Security Regulations define “disability” 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 period of not less than 12 months.” 20 C.F.R. §§ 404.1505(a), 416.905(a). To meet this definition, the claimant must have a severe impairment or impairments that make it impossible to do past relevant work or any other substantial gainful activity that exists in the national economy. Id.; see also Heckler v. Campbell, 461 U.S. 458, 460 (1983). The ALJ is required to employ a five-step sequential evaluation in every Social Security disability claim analysis to determine the claimant’s eligibility. Specifically, the ALJ must consider whether the claimant: (1) is engaged in substantial gainful activity;1 (2) has a severe impairment; (3) has an impairment that equals a condition

contained within the Social Security Administration’s official Listing of Impairments; (4) has an impairment that prevents past relevant work;2 and (5) has an impairment that prevents her from any substantial gainful employment. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). After step three of the analysis, but before deciding whether a claimant can perform past relevant work at step four, the ALJ must determine the claimant’s residual functional capacity (“RFC”). 20 C.F.R. §§ 416

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Heckler v. Campbell
461 U.S. 458 (Supreme Court, 1983)
Shinseki, Secretary of Veterans Affairs v. Sanders
556 U.S. 396 (Supreme Court, 2009)
Coffman v. Bowen
829 F.2d 514 (Fourth Circuit, 1987)
Jimmy Radford v. Carolyn Colvin
734 F.3d 288 (Fourth Circuit, 2013)
Jesse Bishop v. Commissioner of Social Security
583 F. App'x 65 (Fourth Circuit, 2014)
Bonnilyn Mascio v. Carolyn Colvin
780 F.3d 632 (Fourth Circuit, 2015)
George Monroe v. Carolyn Colvin
826 F.3d 176 (Fourth Circuit, 2016)
Nikki Thomas v. Nancy Berryhill
916 F.3d 307 (Fourth Circuit, 2019)
Biestek v. Berryhill
587 U.S. 97 (Supreme Court, 2019)
Esin Arakas v. Commissioner, Social Security
983 F.3d 83 (Fourth Circuit, 2020)
Lakenisha Dowling v. Commissioner of SSA
986 F.3d 377 (Fourth Circuit, 2021)
Hancock v. Astrue
667 F.3d 470 (Fourth Circuit, 2012)

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Rice v. Kijakazi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-kijakazi-vaed-2024.