Salaiz v. Colvin

202 F. Supp. 3d 887, 2016 WL 4238496, 2016 U.S. Dist. LEXIS 105951, 232 Soc. Serv. Rev. 299
CourtDistrict Court, N.D. Indiana
DecidedAugust 11, 2016
DocketCAUSE NO.: 1:15-CV-206-TLS
StatusPublished
Cited by1 cases

This text of 202 F. Supp. 3d 887 (Salaiz v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salaiz v. Colvin, 202 F. Supp. 3d 887, 2016 WL 4238496, 2016 U.S. Dist. LEXIS 105951, 232 Soc. Serv. Rev. 299 (N.D. Ind. 2016).

Opinion

OPINION AND ORDER

THERESA L. SPRINGMANN, UNITED STATES DISTRICT JUDGE

The Plaintiff, Frenche Salaiz, seeks review of the final decision of the Commissioner of the Social Security Administration denying her application for Disability Insurance Benefits. In September 2012, the Plaintiff protectively filed an application for Disability Insurance Benefits, alleging disability beginning on January 1, 2010. The Plaintiff alleges multiple impairments, including: right leg amputation, neck problems, left knee pain and weakness, Bell’s palsy, depression, lower back pain, and carpal tunnel syndrome. The Plaintiff is 58 years old, and has not engaged in substantial gainful activity since the alleged onset date of January 1, 2010.

An Administrative Law Judge (ALJ) held a hearing on October 19, 2013, at which the Plaintiff—who was represented by an attorney—and a .vocational expert both testified. On April 22, 2014, the ALJ found that the Plaintiff was not disabled. The Plaintiff requested review of the ALJ decision, and on June 16,2015, the Appeals Council denied the Plaintiff’s request for review. On August 6, 2015, the Plaintiff initiated this civil action for judicial review of the Commissioner’s final decision. For the following reasons, the ALJ’s decision is reversed and remanded for proceedings consistent with this Opinion and Order.

STANDARD OF REVIEW

The decision of the ALJ is the final decision of the Commissioner when the [890]*890Appeals Council denies a request for review. Liskomtz v. Astrue, 559 F.3d 736, 739 (7th Cir.2009). A court will affirm the Commissioner’s findings of fact and denial of disability benefits if they are supported by substantial evidence. Craft v. Astrue, 539 F.3d 668, 673 (7th Cir.2008). Substantial evidence is “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). It must be “more than a scintilla but may be less than a preponderance.” Skinner v. Astrue, 478 F.3d 836, 841 (7th Cir.2007). Even if “reasonable minds could differ” about the disability status of the claimant, the court must affirm the Commissioner’s decision as long as it is adequately supported. Elder v. Astrue, 529 F.3d 408, 413 (7th Cir.2008).

It is the duty of the ALJ to weigh the evidence, resolve material conflicts, make independent findings of fact, and dispose of the case accordingly. Perales, 402 U.S. at 399-400, 91 S.Ct. 1420. In this substantial-evidence determination, the court considers the entire administrative record but does not reweigh evidence, resolve conflicts, decide questions of credibility, or substitute the court’s own judgment for that of the Commissioner. Lopez ex rel. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir.2003). Nevertheless, the court conducts a “critical review of the evidence” before affirming the Commissioner’s decision, and the decision cannot stand if it lacks evidentiary support or an inadequate discussion of the issues. Id.

The ALJ is not required to address every piece of evidence or testimony presented, but the ALJ must provide a “logical bridge” between the evidence and the conclusions. Terry v. Astrue, 580 F.3d 471, 475 (7th Cir.2009). If the Commissioner commits an error of law, remand is warranted without regard to the volume of evidence in support of the factual findings. Binion v. Chater, 108 F.3d 780, 782 (7th Cir.1997).

ANALYSIS

Disability benefits are available only to those individuals who can establish disability under the terms of the Social Security Act. Estok v. Apfel, 152 F.3d 636, 638 (7th Cir.1998). Specifically, the claimant must be unable “to engage in 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.” 42 U.S.C. § 423(d)(1)(A). The claimant must show that his “impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” Id. § 423(d)(2)(A).

The Social Security regulations set forth a five-step sequential evaluation process to be used in determining whether the claimant has established a disability. See 20 C.F.R. § 404.1520(a)(4)(i)-(v). The first step is to determine whether the claimant is presently engaged in substantial gainful activity. Here, the Plaintiff is not engaged in substantial gainful activity, so the ALJ moved to the second step, which considers whether the claimant had a “severe” impairment or combination of impairments. An impairment is severe if it significantly limits the claimant’s physical or mental ability to do basic work activities. 20 C.F.R. § 404.1521(a). The ALJ determined that the Plaintiff has the following severe impairments: right knee disarticulation level amputation with prosthesis, obesity, and carpal tunnel syndrome.

[891]*891At step three, the ALJ concluded that the Plaintiff did not have an impairment, or combination of impairments, that met or medically equaled the severity of one of the impairments listed by the Social Security Administration as being so severe that it presumptively precluded substantial gainful activity. See 20 C.F.R. Pt. 404, Subpt. P, App. 1.

Because the Plaintiffs impairment did not meet or equal a listed impairment, the ÁLJ was required, at step four, to examine the Plaintiffs residual functional capacity (RFC). RFC is an assessment of the claimant’s ability to perform sustained work-related physical and mental activities in light of her impairments. SSR 96-8p, 1996 WL 374184, at *1 (July 2, 1996). The ALJ concluded that the Plaintiff had the RFC to perform sedentary work as defined in 20 C.F.R. § 404.1667(a).

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202 F. Supp. 3d 887, 2016 WL 4238496, 2016 U.S. Dist. LEXIS 105951, 232 Soc. Serv. Rev. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salaiz-v-colvin-innd-2016.