Smith v. Astrue

916 F. Supp. 2d 905, 2013 WL 120933, 2013 U.S. Dist. LEXIS 4110
CourtDistrict Court, S.D. Iowa
DecidedJanuary 10, 2013
DocketNo. 4:11-cv-516 RP-CFB
StatusPublished
Cited by1 cases

This text of 916 F. Supp. 2d 905 (Smith v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Astrue, 916 F. Supp. 2d 905, 2013 WL 120933, 2013 U.S. Dist. LEXIS 4110 (S.D. Iowa 2013).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT W. PRATT, District Judge.

Plaintiff, Rusty James Smith, filed a Complaint in this Court on November 2, 2011, seeking review of the Commissioner’s decision to deny his claim for Social Security benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq. and 1381 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g).

Plaintiff filed applications for benefits September 2, 2009. Tr. at 158-65. Plaintiff, whose date of birth is June 25, 1957, (Tr. at 158) was 53 years old at the time of the hearing on February 15, 2011, before Administrative Law Judge Mark R. Dawson (ALJ). Tr. at 30-46. The ALJ issued a Notice Of Decision — Unfavorable on March 1, 2011. Tr. at 7-23. The Appeals Council declined to review the ALJ’s decision on August 31, 2011. Tr. at 1-3. Thereafter, Plaintiff commenced this action.

The ALJ noted that Plaintiff last met the insured status requirements of the Social Security Act on December 31, 2008. At the first step of the sequential evaluation, the ALJ found that Plaintiff has not engaged in substantial gainful activity after December 31, 2005, the alleged disability onset date. At the second step, the ALJ found Plaintiff has the following severe impairments: degenerative disc disease, lumbar spine with right leg weakness; hepatitis C seropositivity; bi-polar affective disorder; and, mood disorder, with depression and anxiety. Tr. at 12. The ALJ found that Plaintiffs impairments were not severe enough to qualify for benefits at the third step of the sequential evaluation. Tr. at 13. At the fourth step, that ALJ found

After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except the claimant has a moderate limitation in the ability to socially function in an appropriate manner such that the claimant would be unable to perform any job in which public interaction was a primary job component; a moderate limitation in the ability to concentrate, such that the claimant would be unable to perform skilled or semi-skilled work activity; and a moderate limitation in the ability to perform activities of daily living, such that the claimant would miss up to one workday per month.

Tr. at 15. The ALJ found that Plaintiff is unable to perform his past relevant work. Tr. at 21. At the fifth step, the ALJ found that Plaintiff is able to do a significant number of jobs, examples of which include folder, tagger, and office helper. Tr. at 22-23. The ALJ found that Plaintiff is not disabled nor entitled to the benefits for which he applied. Tr. at 23.

The Court has read all of the medical records in this transcript. A detailed summary, however, will not add to the analysis of the legal issue before the Court.

DISCUSSION

We will affirm the ALJ’s decision “[i]f the ALJ’s findings are supported by substantial evidence on the record as a whole,” an inquiry that requires us to consider evidence in the record that detracts from the ALJ’s decision. Wagner v. Astrue, 499 F.3d 842, 848 (8th Cir. 2007). “Substantial evidence is less than a preponderance but is enough that a reasonable mind would find it adequate to support the decision.” Reutter ex rel. Reutter v. Barnhart, 372 F.3d 946, 950 (8th Cir.2004). [907]*907We will not reverse the ALJ’s “denial of benefits so long as the ALJ’s decision falls within the ‘available zone of choice.’ ” (Bradley v. Astrue, 528 F.3d 1113, 1115 (8th Cir.2008)). The decision of the ALJ “is not outside the ‘zone of choice’ simply because we might have reached a different conclusion had we been the initial finder of fact.” Id. (quoting Nicola v. Astrue, 480 F.3d 885, 886 (8th Cir.2007)). Rather, “[i]f, after reviewing the record, the court finds it is possible to draw two inconsistent positions from the evidence and one of those positions represents the ALJ’s findings, the court must affirm the ALJ’s decision.” Goff v. Barnhart, 421 F.3d 785, 789 (8th Cir.2005).

Owen v. Astrue, 551 F.3d 792, 798 (8th Cir.2008.) In short, a reviewing court should neither consider a claim de novo, nor abdicate its function to carefully analyze the entire record. Wilcutts v. Apfel, 143 F.3d 1134, 1136-37 (8th Cir.1998) citing Brinker v. Weinberger, 522 F.2d 13, 16 (8th Cir.1975).

Plaintiff argues that the ALJ erred in his analysis of whether drug and alcohol abuse is material to his disability. The Court agrees and finds that error arose at the second step of the sequential evaluation and tainted each of the following steps. Although Plaintiff did not claim drug and/or alcohol addiction as a basis for his disability, there are many indications in the medical evidence that Plaintiff suffers from alcoholism and drug addiction. It was, therefore, error not to include them as a severe impairments and evaluate them accordingly. Plaintiffs failure to claim his addictions as disabling impairments reminds the Court of the situation written about in Adams v. Weinberger, 548 F.2d 239, 245 (8th Cir.1977) where Adams testified he was not addicted to alcohol. The Court, Judge Bright, wrote that such a statement might be relevant if supported by the medical evidence, “otherwise, the statement represents the rationalizations of a sick individual who does not realize the extent of his illness.”

A few examples will suffice to show that alcoholism and drug addiction should have been included as severe impairments. On March 3, 2005, Richard Sidwell, M.D., a physician at Broadlawns Medical Center, observed: “He (Plaintiff) is an alcoholic though he only drinks a couple of drinks a week. Tr. at 291. On August 8, 2006, a physician’s assistant at Broadlawns observed that Plaintiff was receiving mental health care for depression and methamphetamine abuse. It was also noted on that occasion that Plaintiffs history includes hepatitis C virus since 1997. Tr. at 350. On December 28, 2008, Plaintiff was being treated at the University of Iowa Hospitals and Clinics. It was noted that on December 22, Plaintiff underwent an incision and drainage of a left arm abscess at the site of a methamphetamine IV injection. Tr. at 372. On December 28, 2008, Jill L. Liesveld, M.D., at the University of Iowa, wrote:

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Bluebook (online)
916 F. Supp. 2d 905, 2013 WL 120933, 2013 U.S. Dist. LEXIS 4110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-astrue-iasd-2013.