Sexton v. Colvin

21 F. Supp. 3d 639, 2014 U.S. Dist. LEXIS 68174, 2014 WL 2090647
CourtDistrict Court, W.D. Virginia
DecidedMay 19, 2014
DocketCivil Action No. 7:13CV00521
StatusPublished
Cited by1 cases

This text of 21 F. Supp. 3d 639 (Sexton v. Colvin) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sexton v. Colvin, 21 F. Supp. 3d 639, 2014 U.S. Dist. LEXIS 68174, 2014 WL 2090647 (W.D. Va. 2014).

Opinion

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

Plaintiff has filed this action challenging the final decision of the Commissioner of Social Security denying plaintiffs claim for a period of disability and disability insurance benefits under the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423. Jurisdiction of this court is pursuant to § 205(g) of the Act, 42 U.S.C. § 405(g). As reflected by the memoranda and argument submitted by the parties, the issues now before the court are whether the Commissioner’s final decision is supported by substantial evidence, or whether there is “good cause” as to necessitate remanding the case to the Commissioner for further consideration. See 42 U.S.C. § 405(g).

The plaintiff, Timothy Dean Sexton, was born on November 10, 1979, and eventually completed the twelfth grade in school. Mr. Sexton has worked as a machine loader in the textile industry, furniture factory loader, production worker, shipping loader, tree trimmer, and hardwood flooring installer. He last worked in 2009. On January 13, 2010, Mr. Sexton filed applications for disability insurance benefits and supplemental security income benefits. Plaintiff alleged that he became disabled for all forms of substantial gainful employment on July 31, 2009, due to severe depression and anxiety; borderline personality disorder; lack of focus; sleeping problems; and “surreal nightmares.” (TR 380). Plaintiff now maintains that he has remained disabled to the present time. As to his application for disability insurance benefits, the record reveals that Mr. Sexton met the insured status requirements of the Act at all relevant times covered by the final decision of the Commissioner. (TR 179). See generally 42 U.S.C. §§ 416(i) and 423(a).

Mr. Sexton’s claims were denied upon initial consideration and reconsideration. He then requested and received a de novo hearing and review before an Administrative Law Judge. In an opinion dated July 11, 2012, the Law Judge also determined that plaintiff is not disabled. The Law Judge determined that plaintiff suffers from several severe impairments, outlined by the Law Judge as follows:

The claimant has medically determinable severe impairments including Chronic Lumbar Strain with degenerative disc disease and mild left sciatica, status-post lumbar laminectomy/diskectomy in March, 2011; Left shoulder strain with Degenerative joint disease; recurrent ganglion cyst both wrists; Possible post-traumatic degenerative joint disease right ankle and knee; Hypertension; Obesity; Schizoaffective disorder; Major depressive disorder, recurrent, mild; Anxiety disorder not otherwise specified; Borderline personality disorder; and Panic attacks while incarcerated, as set forth in the body of this Decision, but his impairment(s) does not meet or equal in severity the criteria of any impairment found in the Listing of Impairments at Appendix 1, Subpart P, Regulations Part 404.

(TR 179). Because of these impairments, the Law Judge ruled that Mr. Sexton is disabled for all of his past relevant work [641]*641roles. However, the Law Judge found that plaintiff retains the capacity to perform a limited range of light work activity. The Law Judge assessed Mr. Sexton’s residual functional capacity as follows:

Beginning July 31, 2009, through at least the date of this Decision, the claimant has retained the residual functional capacity to perform a reduced range of unskilled, light exertional work activity. He retains the ability to lift and/or carry up to 20 pounds occasionally and 10 pounds frequently; stand and/or walk up to six hours in an eight hour workday, and sit for up to six hours during the workday. He is precluded from continuous operation of hand controls, and from continuous operation of foot controls with the right foot. He can occasionally perform climbing, balancing, stooping, kneeling, and crouching, but should avoid any crawling, and avoid exposure to heights and hazards such as dangerous moving machinery. Moderate impairment in his ability to sustain concentration, persistence, or pace, limit him to performing no more than simple types of job instructions and directions.

(TR 179). Given such a residual functional capacity, and after considering plaintiffs age, education, and prior work experience, as well as testimony from a vocational expert, the Law Judge ruled that plaintiff retains sufficient capacity to perform several specific light work roles existing in significant number in the national economy. Accordingly, the Law Judge ultimately concluded that Mr. Sexton is not disabled, and that he is not entitled to benefits under either federal program. See generally 20 C.F.R. §§ 404.1520(g) and 416.920(g). The Law Judge’s opinion was adopted as the final decision of the Commissioner by the Social Security Administration’s Appeals Council. Having exhausted all available administrative remedies, Mr. Sexton has now appealed to this court.

While plaintiff may be disabled for certain forms of employment, the crucial factual determination is whether plaintiff is disabled for all forms of substantial gainful employment. See 42 U.S.C. §§ 423(d)(2) and 1382c(a). There are four elements of proof which must be considered in making such an analysis. These elements are summarized as follows: (1) objective medical facts and clinical findings; (2) the opinions and conclusions of treating physicians; (3) subjective evidence of physical manifestations of impairments, as described through a claimant’s testimony; and (4) the claimant’s education, vocational history, residual skills, and age. Vitek v. Finch, 438 F.2d 1157, 1159-60 (4th Cir.1971); Underwood v. Ribicoff, 298 F.2d 850, 851 (4th Cir.1962).

After a review of the record in this case, the court is unable to conclude that the Commissioner’s final decision is supported by substantial evidence. As noted above, the Administrative Law Judge found that, as a result of emotional difficulties and musculoskeletal problems, Mr. Sexton is disabled for all of his past relevant work roles. In such circumstances, the burden of going forward with the evidence shifts to the Commissioner to establish the availability of alternate work roles, which the claimant could be expected to perform. Grant v. Schweiker, 699 F.2d 189, 192 (4th Cir.1983); Taylor v. Weinberger,

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Related

McGuire v. Colvin
131 F. Supp. 3d 559 (W.D. Virginia, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
21 F. Supp. 3d 639, 2014 U.S. Dist. LEXIS 68174, 2014 WL 2090647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sexton-v-colvin-vawd-2014.