Russell v. Barnhart, Comm

58 F. App'x 25
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 7, 2003
Docket02-1201
StatusUnpublished
Cited by32 cases

This text of 58 F. App'x 25 (Russell v. Barnhart, Comm) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. Barnhart, Comm, 58 F. App'x 25 (4th Cir. 2003).

Opinion

OPINION

PER CURIAM.

Plaintiff-Appellant Wendell K. Russell appeals from the Magistrate Judge’s order 1 granting the Commissioner of Social Security Administration’s motion for judgment on the pleadings on his claims for disability insurance benefits. Jurisdiction in this court is invoked pursuant to 28 U.S.C. § 1291. After carefully considering the record, the briefs, and the parties’ argument, this court affirms the Magistrate Judge’s ruling.

I.

Appellant Russell filed a claim for disability insurance benefits on August 15, 1995, alleging disability as of September 27,1994, due to neck and back injuries and “bad nerves.” (A.R. 22-25, 39). The claim was denied initially and upon reconsideration. (A.R. 26-28, 31-33).

Russell requested a hearing before an administrative law judge (“ALJ”), which was held on July 14,1998. (A.R. 10). The ALJ rendered a decision on April 30, 1999, finding that, on the date his insured status expired (December 31, 1997), Russell was able to perform the mild exertional requirements of light work, reduced by several nonexertional limitations. (A.R. 10-20). The ALJ, accordingly, held that Russell was “capable of making an adjustment to work which exists in significant numbers in the national economy” (A.R. 19), and thus denied Russell’s application for benefits. The Appeals Counsel denied *27 Russell’s application for review. 2 (A.R. 4-5).

Russell filed a civil action in the district court, seeking review of the Commissioner’s decision. (J.A. 2). Russell and the Commissioner filed cross-motions for judgment on the pleadings. (J.A. 3-4). On September 28, 2001, the Magistrate Judge granted the Commissioner’s motion for judgment on the pleadings and affirmed the Commissioner’s denial of benefits. (J.A. 6-28). The Magistrate Judge denied Russell’s subsequent motion for reconsideration. (J.A. 29). Russell filed a timely notice of appeal. (J.A. 30).

So long as the correct law was applied and substantial evidence supported the Secretary’s decision, we must affirm. 42 U.S.C. § 405(g) (West Supp.2002); Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990); Craig v. Chater, 76 F.3d 585, 589 (4th Cir.1996). The Supreme Court has defined substantial evidence as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (citation omitted). Substantial evidence “consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.” Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966). “In reviewing for substantial evidence, [the court should not] undertake to re-weigh conflicting evidence, make credibility determinations, or substitute [its] judgment for that of the Secretary.” Craig, 76 F.3d at 589. The record before the ALJ was comprehensive, and his review thorough. The ALJ was in the best position to assess whether the gravamen of the evidence supported the appellant’s account of his disabilities, and substantial evidence supported his finding that it did not. Therefore, finding no legal error, we affirm the Magistrate’s holding.

II.

The Social Security Regulations establish a “sequential evaluation” for the adjudication of disability claims. 20 C.F.R. § 404.1520 (2000). If an individual is found “not disabled” at any step, further inquiry is unnecessary. 3 Id. at § 404.1520(a). The first inquiry under the sequence is whether a claimant is currently engaged in substantial gainful employment. Id. at § 404.1520(b). If the claimant is not, the second inquiry is whether the claimant suffers from a severe impairment. Id. at § 404.1520(c). If a severe impairment is present, the third inquiry is whether such impairment meets or equals any of the impairments listed in Appendix 1 to Subpart P of the Administrative Regulations No. 4. Id. at § 404.1520(d). If it does, the claimant is found disabled and awarded benefits. Id. If it does not, the fourth inquiry is whether the claimant’s impairments prevent the performance of past relevant work. Id. at § 404.1520(e). By satisfying inquiry four, the claimant establishes a prima facie case of disability. Hall v. Harris, 658 F.2d 260, 264 (4th Cir.1981). The burden then shifts to the Commissioner, McLain v. Schweiker, 715 F.2d 866, 868-69 (4th Cir.1983), and leads to the fifth and final inquiry: whether the claimant is able to perform other forms of substantial gainful activity, considering the i *28 claimant’s remaining physical and mental capacities and the claimant’s age, education and prior work experience. 20 C.F.R. § 404.1520(f) (2000). The Commissioner must establish two things: (1) that the claimant, considering his or her age, education, work experience, skills and physical shortcomings, has the capacity to perform an alternative job, and (2) that this specific job exists in the national economy. McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir.1976).

Although the ALJ found that appellant Russell suffered from severe impairments, he concluded that the impairments failed to meet or equal a listed impairment in Appendix 1. Instead, the ALJ found that Russell has a residual functional capacity for light work, reduced by nonexertional limitations. The ALJ ultimately concluded that although Russell was unable to return to his former employment as a coal miner, he was still able to make an adjustment to other work that exists in significant numbers in the national economy. 4 In reaching this decision, the ALJ considered the appellant’s age, 5 education level, 6 work experience, and residual functional capacity. (A.R. 11).

III.

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58 F. App'x 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-barnhart-comm-ca4-2003.