Sawyer v. Astrue

775 F. Supp. 2d 829, 2011 U.S. Dist. LEXIS 38293, 2011 WL 1313700
CourtDistrict Court, E.D. North Carolina
DecidedApril 4, 2011
Docket4:10-cv-00072
StatusPublished
Cited by1 cases

This text of 775 F. Supp. 2d 829 (Sawyer v. Astrue) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sawyer v. Astrue, 775 F. Supp. 2d 829, 2011 U.S. Dist. LEXIS 38293, 2011 WL 1313700 (E.D.N.C. 2011).

Opinion

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the Court on the parties’ Cross-Motions for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons stated below, Plaintiffs Motion [DE 26] is GRANTED, Defendant’s Motion [DE 28] is DENIED and the case is REMANDED for further consideration and determinations consistent with this opinion.

BACKGROUND

I.

This is a case brought pursuant to 42 U.S.C. § 405(g) for review of the final decision of the Commissioner of Social Security (the “Commissioner”). The Commissioner has determined that Plaintiff is not under a disability within the meaning of 42 U.S.C. §§ 416® and 1382c, and, therefore, she is not entitled to supplemental security income benefits (“SSI”) under title XVI of the Social Security Act (the “Act”).

On March 9, 2007, Ms. Charlene Sawyer filed an application for Supplemental Security Income. Plaintiff claimed she had been unable to work since October 1, 1995 (at the age of 22) due to obesity, knee problems, arthritis, spinal deterioration, and residuals from uterine cancer. After her claim was denied at the initial and reconsideration levels, she requested a hearing before an Administrative Law Judge (“ALJ”). On June 23, 2009, the ALJ issued an unfavorable decision in which he determined that Ms. Sawyer was not disabled as that term is defined in the Social Security Act and Regulations. Ms. Sawyer appealed that decision to the Appeals Council, which found no basis for review on April 12, 2010, making the ALJ’s decision the final decision of the Commissioner. Ms. Sawyer filed a Complaint with this Court on June 10, 2010, seeking appellate review of the final administrative decision.

DISCUSSION

II.

Under the Social Security Act, 42 U.S.C. § 405(g), this Court’s review of the Commissioner’s decision is limited to determining whether, as a whole, the decision is supported by substantial evidence and whether the Commissioner employed the correct legal standard. Walls v. Barnhart, 296 F.3d 287, 290 (4th Cir.2002) (citing Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir.1990)). Substantial evidence consists of more than a mere scintilla of evidence, but may be less than a preponderance of evidence. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

A. The Disability Determination Process

An individual is considered disabled if he is 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 *833 death or which has lasted or can be expected to last for a continuous period of not less than [twelve] months.” 42 U.S.C. § 1382c(a)(3)(A). The Act further provides that an individual “shall be determined to be under a disability only if his physical or mental impairment or 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 line of substantial gainful work which exists in the national economy.” 42 U.S.C. § 1382e(a)(3)(B).

B. The Five Step Sequential Evaluation

Regulations issued by the Commissioner establish a five-step sequential evaluation process to be followed in a disability case. 20 C.F.R. § 416.920. At step one, if the claimant is currently engaged in substantial gainful activity, the claim is denied. When substantial gainful activity is not an issue, at step two, the claim is denied if the claimant does not have a severe impairment or combination of impairments significantly limiting him or her from performing basic work activities. If the claimant has a severe impairment, at step three, the claimant’s impairment is compared to those in the Listing of Impairments (“Listing”), 20 C.F.R. Part 404, Subpart P, App. 1; if the impairment meets or equals a Listing, disability is conclusively presumed. If the claimant’s impairment does not meet or equal a Listing, at step four, the claimant’s residual functional capacity (“RFC”) 1 is assessed to determine if the claimant can perform his or her past work despite the impairments; if so, the claim is denied. If the claimant cannot perform past relevant work, at step five, the burden shifts to the Commissioner to show that the claimant, based on his or her age, education, work experience, and RFC can perform other substantial gainful work.

The burden of proof is upon the claimant through the first four steps of the process. Once the claimant establishes that she cannot return to her past work, the burden shifts to the Commissioner to show that there are other jobs existing in significant numbers in the national economy that the claimant can perform consistent with the claimant’s impairments, functional limitations, age, education, and work experience. Coffman v. Bowen, 829 F.2d 514 (4th Cir.1987). If the claimant suffers from impairments that are either nonexertional or a combination of nonexertional 2 and exertional, 3 the Medical-Vocational Guidelines cannot be used to support a finding that a claimant is “not disabled.” 20 C.F.R. § 416.969a(d); Bapp v. Bowen, 802 F.2d 601, 605 (2d Cir.1986). Where such a combination of impairments exists, testimony of a vocational expert is essential for a correct assessment of whether there exists in the national economy a sufficient number of jobs for which a claimant is qualified, given her age, education, past work and residual functional capacity.

Here, the ALJ followed the five-step sequential evaluation process. At step one, the ALJ determined that Ms. Sawyer had not engaged in substantial gainful activity since February 26, 2007, Plaintiff's date of application.

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Bluebook (online)
775 F. Supp. 2d 829, 2011 U.S. Dist. LEXIS 38293, 2011 WL 1313700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-astrue-nced-2011.