Sharrah v. Kijakazi

CourtDistrict Court, D. Utah
DecidedAugust 17, 2023
Docket2:22-cv-00469
StatusUnknown

This text of Sharrah v. Kijakazi (Sharrah v. Kijakazi) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sharrah v. Kijakazi, (D. Utah 2023).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

ALLISON S., MEMORANDUM DECISION AND ORDER AFFIRMING THE Plaintiff, COMMISSIONER’S DECISION DENYING DISABILITY BENEFITS v.

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Case No. 2:22-cv-00469 Administration, Magistrate Judge Daphne A. Oberg Defendant.

Plaintiff Allison S.1 filed this action for judicial review2 of the Acting Commissioner of the Social Security Administration’s (“Commissioner”) decision denying her application for supplemental security income under Title XVI of the Social Security Act.3 The Administrative Law Judge (“ALJ”) denied Ms. S.’s application, finding she did not qualify as disabled.4 Ms. S. argues the ALJ erred in his assessment of her residual functional capacity.5

1 Pursuant to best practices in the District of Utah addressing privacy concerns in certain cases, including social security cases, the court refers to Plaintiff by her first name and last initial only. 2 (See Compl., Doc. No. 5.) 3 42 U.S.C. §§ 1381–1385. 4 (Certified Tr. of Admin. R. (“Tr.”) 10–21, Doc. No. 15.) 5 (See Opening Br. 13, Doc. No. 18.) The court6 has carefully reviewed the record and the parties’ briefs.7 Because the ALJ applied the correct legal standards and his findings are supported by substantial evidence, the Commissioner’s decision is affirmed. STANDARD OF REVIEW

Sections 405(g) and 1383(c)(3) of Title 42 of the United States Code provides for judicial review of a final decision of the Commissioner. This court reviews the ALJ’s decision and the whole record to decide whether (1) the ALJ applied the correct legal standards and (2) substantial evidence supports the ALJ’s factual findings.8 “[F]ailure to apply the correct legal standard or to provide this court with a sufficient basis to determine that appropriate legal principals have been followed is grounds for reversal.”9 “[A]n ALJ’s factual findings . . . shall be conclusive if supported by substantial evidence.”10 Although the sufficiency threshold for substantial evidence is “not high,” it is “more than a mere scintilla.”11 Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”12 “The possibility of drawing two

6 The parties consented to proceed before a magistrate judge in accordance with 28 U.S.C. § 636(c) and Rule 73 of the Federal Rules of Civil Procedure. (Doc. No. 13.) 7 The appeal is determined on the written memoranda, as oral argument is unnecessary. See DUCivR 7-1(g). 8 42 U.S.C. § 405(g); Lax v. Astrue, 489 F.3d 1080, 1084 (10th Cir. 2007). 9 Jensen v. Barnhart, 436 F.3d 1163, 1165 (10th Cir. 2005) (internal quotation marks omitted). 10 Biestek v. Berryhill, 139 S. Ct. 1148, 1153, ___ U.S. ___ (2019) (internal quotation marks omitted). 11 Id. at 1154 (internal quotation marks omitted). 12 Id. (internal quotation marks omitted). inconsistent conclusions from the evidence does not prevent an administrative agency’s findings from being supported by substantial evidence.”13 The court may not substitute its judgment for that of the ALJ nor may it reweigh the evidence.14 APPLICABLE LAW

The Social Security Act defines “disability” 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 twelve months.”15 Under the Social Security Act, an individual is considered disabled “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.”16 In determining whether a claimant qualifies as disabled within the meaning of the Social Security Act, the ALJ uses a five-step sequential evaluation. The analysis requires the ALJ to

consider whether: 1) The claimant is engaged in substantial gainful activity; 2) The claimant has a severe medically determinable physical or mental impairment; 3) The impairment is equivalent to one of the impairments which precludes substantial gainful activity, listed in the appendix of the relevant disability regulation;

13 Lax, 489 F.3d at 1084 (internal quotation marks omitted). 14 See Langley v. Barnhart, 373 F.3d 1116, 1118 (10th Cir. 2004). 15 42 U.S.C. § 1382c(a)(3)(A). 16 Id. § 1382c(a)(3)(B). 4) The claimant has a residual functional capacity to perform past relevant work; and 5) The claimant has a residual functional capacity to perform other work in the national economy considering the claimant’s age, education, and work experience.17 The claimant has the burden, in the first four steps, of establishing the disability.18 At step five,

the burden shifts to the Commissioner to show the claimant retains the ability to perform other work existing in the national economy.19 PROCEDURAL HISTORY Ms. S. applied for supplemental security income on November 5, 2018, alleging disability beginning on May 4, 2006.20 The ALJ held an administrative hearing on February 9, 2021,21 and determined additional record development and a consultative examination was necessary.22 After a second administrative hearing,23 the ALJ issued a decision on October 21, 2021, finding Ms. S. was not disabled and denying her claim.24 At step two, the ALJ found Ms. S. had a severe spine impairment and nonsevere impairments of anxiety and depression.25 At step three, the ALJ found Ms. S.’s impairments did

17 See 20 C.F.R. § 416.920(a)(4); Bowen v. Yuckert, 482 U.S. 137, 140–42 (1987); Williams v. Bowen, 844 F.2d 748, 750–51 (10th Cir. 1988). 18 Ray v. Bowen, 865 F.2d 222, 224 (10th Cir. 1989). 19 Id. 20 (See Tr. 10.) 21 (See id. at 73–99.) 22 (See id. at 10, 97–98.) 23 (See id. at 53–72.) 24 (See id. at 10–21.) 25 (Id. at 12–13.) not meet or medically equal an impairment listing.26 The ALJ found Ms. S. had the residual functional capacity (“RFC”) to perform “light work” with the following limitations: lift and carry 20 pounds occasionally and 10 pounds frequently; stand and walk two hours and sit six hours each in an eight-hour workday; push and pull frequently; requires a sit/stand option remaining at the workstation; no climbing of ladders, ropes or scaffolds; occasional climbing of ramps and stairs, stooping, kneeling, crouching and crawling; occasional bilateral overhead reaching; and avoid concentrated exposure to hazards such as moving machinery or working at unprotected heights.27

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
Sharrah v. Kijakazi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharrah-v-kijakazi-utd-2023.