Schuler v. Commissioner of Social Security

109 F. App'x 97
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 8, 2004
DocketNo. 03-3734
StatusPublished
Cited by9 cases

This text of 109 F. App'x 97 (Schuler v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schuler v. Commissioner of Social Security, 109 F. App'x 97 (6th Cir. 2004).

Opinion

GIBBONS, Circuit Judge.

Plaintiff-appellant Everett Schuler appeals the district court’s decision affirming the Commissioner of Social Security’s denial of disability benefits. Because there is substantial evidence to support the finding of the administrative law judge (ALJ) that Schuler was not disabled during the time period in question, we affirm the decision of the district court.

I.

Schuler was born on August 7, 1954. He has a high school education in special education classes. He worked as a laborer for a coal company for nineteen years, until he was injured on the job in 1993.

Schuler filed an application for disability insurance benefits on September 9, 1994, and an application for supplemental security income benefits on February 1, 1995. The ALJ denied Schuler’s applications initially, but upon reconsideration granted Schuler’s application for disability insurance benefits for the period from May 5, 1993, through September 30, 1994, but denied his applications for the period from September 30, 1994, forward. The ALJ’s grant of benefits was based on a finding that Schuler’s physical condition related to a herniated disc equaled Listing 1.05C of 20 C.F.R. Part 404, Subpt. P, App. 1 (Appendix 1), which deals with vertebrogenic disorders. The Appeals Council rejected Schuler’s appeal of the partially favorable decision on May 1,1997. Schuler appealed to the United States District Court for the Southern District of Ohio on June 27,1997.

Meanwhile, on June 10, 1997, Schuler filed a second application for disability insurance benefits, this time alleging disability due to a mental impairment. This application was granted without a hearing based on a finding that Schuler meets the listing requirements for mental retardation found at Listing 12.05C.1 Pursuant to this finding, benefits were awarded from February 15,1996, forward.

Upon joint application of the parties, Schuler’s appeal was remanded from the district court back to the Commissioner of Social Security (Commissioner) for the taking of additional evidence on Schuler’s mental impairment and the issuance of a new decision by an ALJ. The new ALJ decision, issued on June 5, 2000, noted that the only issue was whether Schuler was disabled from September 30, 1994, through February 15, 1996. The ALJ found that he was not. That decision is the final [99]*99decision of the Commissioner, which is now before this court. After the ALJ’s denial, Schuler appealed to the Appeals Council, where he received an unfavorable decision. He then appealed to the district court, which denied his appeal. The only issue before this court is whether Schuler was disabled during the period from September 30,1994, to February 15,1996.

II.

When reviewing the Commissioner’s finding that a claimant is not disabled within the meaning of the Social Security Act, we consider only whether the decision is supported by substantial evidence and whether the ALJ employed the proper legal standards. See 42 U.S.C. 405(g) (2004); see also Buxton v. Halter, 246 F.3d 762, 772 (6th Cir.2001). “Substantial evidence is more than a scintilla of evidence but less than a preponderance.... ” Brainard v. Sec’y of Health & Human Servs., 889 F.2d 679, 681 (6th Cir.1989). The Commissioner’s findings are not subject to reversal “merely because there exists in the record substantial evidence to support a different conclusion.” Buxton, 246 F.3d at 772. All that is required to uphold the Commissioner’s findings is that the record contain evidence that “a reasonable mind might accept as adequate to support a conclusion.” Id. (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)) (citations omitted). We may not review the case de novo, resolve conflicts in evidence, or decide questions of credibility. Garner v. Heckler, 745 F.2d 383, 387 (6th Cir.1984).

III.

In order to qualify for benefits under the Social Security Act (the Act), a claimant must be “disabled.” A disability under the Act is defined as the “inability 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). An individual may be disabled under the Act “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 kind of substantial gainful work which exists in the national economy, regardless of whether a specific job vacancy exists for him or whether he would be hired if he applied for work.” Id. § 423(d)(2)(A). “Work which exists in the national economy” means work which exists in significant numbers either where the applicant lives or in other regions of the country. Id.

The Act prescribes a five step inquiry for determining whether an adult is disabled. 20 C.F.R. § 416.920(a)(4). In step one, the Commissioner considers the applicant’s work activity. If the applicant is performing substantial gainful activity, the applicant is not disabled. Id. § 416.920(a)(4)(i). In step two, the Commissioner considers the medical severity of the applicant’s impairment. If the applicant does not have a medically determinable physical or mental impairment or combination of impairments that is severe and is expected to result in death or to last at least twelve months, the applicant is not disabled. Id. § 416.920(a)(4)(ii). An impairment is severe if it limits an applicant’s ability to do basic work activities, such as walking, standing, sitting, seeing, following instructions, using good judgment, and coping in a work setting. Id. § 416.921. In step three, the Commissioner again considers the medical severity of the applicant’s impairments. If the applicant has an impairment that is equal to one listed in the Listing of Impairments in Appendix 1 and is expected to result in death or to last at least twelve months, the applicant is dis[100]*100abled. Id. § 416.920(a)(4)(iii). If the applicant does not have a listed impairment, in step four the Commissioner considers the applicant’s residual functional capacity and his past relevant work. If the applicant can still do his past relevant work, he is not disabled. Id. § 416.920(a)(4)(iv). In step five, the Commissioner considers whether, given the applicant’s residual functional capacity and his age, education, and work experience, he can make an adjustment to other work. If the applicant can make an adjustment to other work, then he is not disabled.

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