Rios v. Commissioner of Social Security

CourtDistrict Court, M.D. Florida
DecidedFebruary 25, 2022
Docket6:20-cv-01069
StatusUnknown

This text of Rios v. Commissioner of Social Security (Rios v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rios v. Commissioner of Social Security, (M.D. Fla. 2022).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

LOURDES RIOS,

Plaintiff,

v. Case No: 6:20-cv-1069-LRH

COMMISSIONER OF SOCIAL SECURITY

Defendant.

MEMORANDUM OF DECISION1 Lourdes Rios (“Claimant”) appeals the final decision of the Commissioner of Social Security (“the Commissioner”) denying her application for Disability Insurance Benefits (“DIB”). Claimant raises one argument challenging the Commissioner’s final decision, and based on that argument, requests that the matter be reversed and remanded for an award of benefits or for further administrative proceedings. (Doc. 27, at 9, 15). The Commissioner asserts that the decision of the Administrative Law Judge (“ALJ”) is supported by substantial evidence and should

1 The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. See Docs. 21, 25-26. be affirmed. (Id., at 15). For the reasons discussed herein, the Commissioner’s final decision is AFFIRMED.

I. PROCEDURAL HISTORY. On April 3, 2017 Claimant filed an application for DIB, alleging that she became disabled on June 16, 2016. (R. 10, 197).2 Her claim was denied initially

and on reconsideration, and she requested a hearing before an ALJ. (R. 66-93, 110- 11). A hearing was held before the ALJ on August 13, 2019, at which Claimant was represented by an attorney. (R. 28-65). Claimant and a vocational expert (“VE”) testified at the hearing. (Id.). Following the hearing, the ALJ issued an

unfavorable decision finding that Claimant was not disabled. (R. 7-22). Claimant sought review of the ALJ’s decision by the Appeals Council. See R. 164-67. On April 27, 2020, the Appeals Council denied the request for review. (R. 1–6).

Claimant now seeks review of the final decision of the Commissioner by this Court. (Doc. 1).

2 Claimant’s application for DIB states that her alleged disability onset date is August 3, 2012. (R. 172-73). However, the record reflects that Claimant later amended her onset date to June 16, 2016. (R. 197). II. THE ALJ’S DECISION.3 After considering the entire record, the ALJ performed the five-step

evaluation process as set forth in 20 C.F.R. § 404.1520(a). (R. 11-18).4 The ALJ first found that Claimant last met the insured status requirements of the Social Security Act on December 31, 2017. (R. 12). The ALJ concluded that Claimant did not

engage in substantial gainful activity during the period from her alleged onset date of June 16, 2016 through her date last insured of December 31, 2017. (Id.). The ALJ then found that through the date last insured, Claimant suffered from the following severe impairments: fibromyalgia, bilateral degenerative joint

disease of the knees, renal cell carcinoma with right nephrectomy, and unspecified gastroesophageal reflux disease (“GERD”). (Id.). The ALJ also found that Claimant had high cholesterol, slight scoliosis, mild scattered spondylosis,

hyperlipidemia, vitamin D deficiency, thrombocytopenic disorder, and calcific

3 Upon a review of the record, the Court finds that counsel for the parties have adequately stated the pertinent facts of record in the Joint Memorandum. (Doc. 27). Accordingly, the Court adopts those facts included in the body of the Joint Memorandum by reference and only restates them herein as relevant to considering the issues raised by Claimant.

4 An individual claiming Social Security disability benefits must prove that he or she is disabled. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005) (citing Jones v. Apfel, 190 F.3d 1224, 1228 (11th Cir. 1999)). The five steps in a disability determination include: (1) whether the claimant is performing substantial, gainful activity; (2) whether the claimant’s impairments are severe; (3) whether the severe impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1; (4) whether the claimant can return to his or her past relevant work; and (5) based on the claimant’s age, education, and work experience, whether he or she could perform other work that exists in the national economy. See generally Phillips v. Barnhart, 357 F.3d 1232, 1237 (11th Cir. 2004) (citing 20 C.F.R. § 404.1520). tendinitis, but that these conditions do not satisfy the criteria of severe impairments. (R. 13). The ALJ further found Claimant had mild depressive disorder, but because

this medically determinable mental impairment did not cause more than minimal limitation in Claimant’s ability to perform basic mental work activities, the condition was nonsevere. (Id.). The ALJ concluded that Claimant did not have

an impairment or combination of impairments that met or equaled a listed impairment in 20 C.F.R. Part 404, Subpart P, Appendix 1. (R. 14). After careful consideration of the entire record, the ALJ determined that Claimant had the residual functional capacity (“RFC”) to perform light work as

defined in the Social Security regulations,5 with the following restrictions: [Claimant] could lift, carry [,] push and/or pull twenty pounds occasionally and ten pounds frequently; she could stand and walk for approximately six hours and sit for approximately six hours in an eight-hour workday with normal breaks; in addition to regular breaks, she required a one-minute break every thirty minutes while at the workstation; she could occasionally climb stairs, stoop, kneel, crouch, and crawl; she could never climb ladders or scaffolds; she could handle

5 The social security regulations define light work to include:

lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, we determine that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time.

20 C.F.R. § 404.1567(b). and reach no more than frequently; she needed to avoid exposure to vibration, unprotected heights and hazardous machinery.

(R. 15). Based on this assessment, the ALJ concluded that through the date last insured, Claimant was capable of performing past relevant work, which included work as an administrative assistant, administrative clerk, and retail store manager. (R. 17). Accordingly, the ALJ concluded that Claimant was not under a disability, as defined by the Social Security Act, at any time from her alleged disability onset

date through the date last insured. (R. 18). III. STANDARD OF REVIEW. Because Claimant has exhausted her administrative remedies, the Court has

jurisdiction to review the decision of the Commissioner pursuant to 42 U.S.C. § 405

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lewis v. Callahan
125 F.3d 1436 (Eleventh Circuit, 1997)
Jones v. Apfel
190 F.3d 1224 (Eleventh Circuit, 1999)
Andrew T. Wilson v. Jo Anne B. Barnhart
284 F.3d 1219 (Eleventh Circuit, 2002)
Renee S. Phillips v. Jo Anne B. Barnhart
357 F.3d 1232 (Eleventh Circuit, 2004)
Billy D. Crawford v. Comm. of Social Security
363 F.3d 1155 (Eleventh Circuit, 2004)
Bobby Dyer v. Jo Anne B. Barnhart
395 F.3d 1206 (Eleventh Circuit, 2005)
Christi L. Moore v. Jo Anne B. Barnhart
405 F.3d 1208 (Eleventh Circuit, 2005)
Ingram v. Commissioner of Social Security Administration
496 F.3d 1253 (Eleventh Circuit, 2007)
Winschel v. Commissioner of Social Security
631 F.3d 1176 (Eleventh Circuit, 2011)
Werner v. Commissioner of Social Security
421 F. App'x 935 (Eleventh Circuit, 2011)
Solutia, Inc. v. McWane, Inc.
672 F.3d 1230 (Eleventh Circuit, 2012)
Hammond v. Apfel, Commissioner
5 F. App'x 101 (Fourth Circuit, 2001)
Resolution Trust Corp. v. Dunmar Corp.
43 F.3d 587 (Eleventh Circuit, 1995)
Podedworny v. Harris
745 F.2d 210 (Third Circuit, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
Rios v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rios-v-commissioner-of-social-security-flmd-2022.