Roberts v. Berryhill

CourtDistrict Court, D. Maryland
DecidedApril 24, 2020
Docket1:19-cv-00915
StatusUnknown

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

Bluebook
Roberts v. Berryhill, (D. Md. 2020).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND

CHAMBERS OF 101 WEST LOMBARD STREET J. MARK COULSON BALTIMORE, MARYLAND 21201 UNITED STATES MAGISTRATE JUDGE Phone: (410) 962-4953 Fax: (410) 962-4953

April 24, 2020

LETTER TO ALL COUNSEL OF RECORD

Re: Timothy R. v. Berryhill Civil No. 19-cv-00915-JMC

Dear Counsel:

On March 20, 2019, Plaintiff petitioned this Court to review the Social Security Administration’s (“SSA”) final decision to deny his claim for child’s insurance benefits and Supplemental Security Income. (ECF No. 1). I have considered the parties’ cross-motions for Summary Judgment, and Plaintiff’s Reply. (ECF Nos. 17, 18 & 20). I find that no hearing is necessary. See Loc. R. 105.6 (D. Md. 2018). This Court must uphold the decision of the Social Security Administration (“SSA”) if it is supported by substantial evidence and if the SSA employed the correct legal standards. See 42 U.S.C. §§ 405(g), 1383(c)(3); Shinaberry v. Saul, 952 F.3d 113, 123 (4th Cir. 2020). Under that standard, I will DENY the Plaintiff’s Motion for Summary Judgment, GRANT the Defendant’s Motion for Summary Judgment, and AFFIRM the Social Security Administration’s judgment pursuant to sentence four of 42 U.S.C. § 405. This letter explains my rationale.

Plaintiff protectively filed his claims for benefits on April 17, 2015 alleging an onset date of August 1, 2000. His claims were denied initially, and again on reconsideration on March 17, 2016. A hearing was held on August 22, 2017 before Administrative Law Judge (“ALJ”) Tierney Carlos. (Tr. 10–24). Following the hearing, the ALJ determined that Plaintiff was not disabled within the meaning of the Social Security Act during the relevant time frame. (Tr. 7). The Appeals Council declined review, and consequently the ALJ’s decision constitutes the final, reviewable decision of the SSA. (Tr. 1–9).

In arriving at the decision to deny Plaintiff’s claim, the ALJ followed the five-step sequential evaluation of disability set forth in the Secretary’s regulations. 20 C.F.R. § 416.920. “To summarize, the ALJ asks at step one whether the claimant has been working; at step two, whether the claimant’s medical impairments meet the regulations’ severity and duration requirements; at step three, whether the medical impairments meet or equal an impairment listed in the regulations; at step four, whether the claimant can perform [his] past work given the limitations caused by [his] medical impairments; and at step five, whether the claimant can perform other work.” Mascio v. Colvin, 780 F.3d 632, 634–35 (4th Cir. 2015). If the first three steps do not yield a conclusive determination, the ALJ then assesses the claimant’s residual functional capacity (“RFC”), “which is ‘the most’ the claimant ‘can still do despite’ physical and mental limitations that affect [his] ability to work,” by considering all of the claimant’s medically determinable impairments regardless of severity. Id. at 635 (quoting 20 C.F.R. § 416.945(a)(1)). The claimant bears the burden of proof through the first four steps of the sequential evaluation. If he makes the requisite showing, the burden shifts to the Social Security Administration at step five to prove “that the claimant can perform other work that ‘exists in significant numbers in the national economy,’ considering the claimant’s residual functional capacity, age, education, and work experience.” Lewis v. Berryhill, 858 F.3d 858, 862 (4th Cir. 2017) (internal citations omitted).

In this case, at step one, the ALJ found that Plaintiff has not engaged in “substantial gainful activity” since August 2, 2011. (Tr. 12). At step two, the ALJ determined that Plaintiff has the following severe impairments: thoracic kyphosis, Scheuermann’s disease, obesity, autism spectrum disorder, depression, and agoraphobia. Id. At step three, the ALJ found that Plaintiff does not have an impairment or combination of impairments that meet or medically equal the severity of any of the listed impairments set forth in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 CFR 404.1525, 404.1526, 416.920(d), 416.925 and 416.926). (Tr. 13). Despite these impairments, the ALJ determined that Plaintiff retained the residual functional capacity to:

[P]erform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except no climbing of ladders, ropes or scaffolds. The claimant can occasionally balance, stoop, kneel, crouch, crawl, and climb ramps and stairs. The claimant can never work at unprotected heights or operate a motor vehicle. The claimant is limited to performing simple, routine, and repetitive tasks but not a production rate pace (e.g., assembly line work). The claimant is limited to making simple, work- related decisions. The claimant can occasional contact with supervisors, coworkers, and the public. (Tr. 16).

At step four, the ALJ determined that Plaintiff has no past relevant work. (Tr. 22). After considering the testimony of a vocational expert (“VE”), the ALJ determined that there are jobs that exist in significant numbers in the national economy that he could perform. Id. Therefore, the ALJ concluded that Plaintiff was not disabled during the relevant time frame. (Tr. 23).

The Court reviews an ALJ’s decision to ensure that the ALJ’s findings are supported by substantial evidence and were reached through application of correct legal standards. Hancock v. Astrue, 667 F.3d 470, 472 (4th Cir. 2012). “Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” which “consists of more than a mere scintilla of evidence but may be less than a preponderance.” Id. In accordance with this standard, the Court does not “undertake to reweigh conflicting evidence, make credibility determinations, or substitute [its] judgment for that of the ALJ.” Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir. 2005) (internal citations and quotations omitted). Instead, “[w]here conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled, the responsibility for that decision falls on the ALJ.” Id. On appeal, Plaintiff makes one argument: the ALJ’s decision is not supported by substantial evidence of record. (ECF No. 17-1 at 6). Specifically, Plaintiff contends the ALJ erred at step-three of the sequential evaluation process by failing to properly evaluate whether Plaintiff’s impairments met or equaled 20 C.F.R. Part 404, Subpart P, App. 1, § 12.04, 12.06, and 12.10. Id. at 10.

At step three of the sequential evaluation process, the SSA determines whether a claimant’s impairments meet or medically equal any of the impairments listed in 20 C.F.R.

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Bluebook (online)
Roberts v. Berryhill, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-berryhill-mdd-2020.