Smith v. O'Malley

District Court, W.D. Virginia·Decided December 13, 2024·No. 7:23-cv-00228·Unknown

Opinion

CLERK'S OFFICE IN THE UNITED STATES DISTRICT COURT US. DISTRICT COUR’ FOR THE WESTERN DISTRICT OF VIRGINIA AT ROANOKE, VA ROANOKE DIVISION FILED ANGELA §.! December 13, 2024 ° LAURA A. AUSTIN, CLE Plaintiff, ) BY: s/ S. Neily, Deputy Cl ) Vv. ) Civil Action No. 7:23-cv-00228 ) COMMISSIONER OF ) By: Elizabeth K. Dillon SOCIAL SECURITY ADMINISTRATION, _ ) Chief United States District Judge ) Defendant. )

MEMORANDUM OPINION AND ORDER Plaintiff Angela S. (Angela) brought this action for review of the final decision made by defendant, the Commissioner of Social Security (Commissioner), finding her not disabled and therefore ineligible for Social Security disability insurance benefits and supplemental security income under the Social Security Act. (Compl., Dkt. No. 2.) Both Angela and the Commissioner moved for summary judgment. (Dkt. Nos. 12, 15.) Pursuant to 28 U.S.C. § 636(b)(1)(B), the court referred the motion to U.S. Magistrate Judge C. Kailani Memmer for a report and recommendation (R&R). On August 7, 2024, the magistrate judge issued her R&R, finding that substantial evidence supported the Commissioner’s final decision. (R&R, Dkt. No. 18.) Angela filed an objection to the R&R on August 21, 2024 (Obj. to R&R, Dkt. No. 19), and the Commissioner filed a response thereafter (Resp. to Pl.’s Obj. to R&R, Dkt. No. 21). After de novo review of the pertinent portions of the record, the R&R, and the filings by the parties, in conjunction with the applicable law, the court agrees with the magistrate judge’s

' Because of privacy concerns, the court is adopting the recommendation of the Committee on Court Administration and Case Management of the Judicial Conference of the United States that courts only use the first name and last initial of the claimant in social security opinions.

recommendation. Accordingly, the court will overrule Angela’s objections, adopt Judge Memmer’s R&R in its entirety, and affirm the Commissioner’s final decision. I. BACKGROUND The court adopts the procedural background and recitation of facts as set forth in the report. (R&R 3–14.) Briefly, the Administrative Law Judge (ALJ) determined that Angela

suffers from the severe impairments of supraventricular tachycardia (SVT), obesity, and edema of the ankles and feet. (Admin. Tr. 25, Dkt. No. 7-1.) These impairments or combination of impairments, the ALJ reasoned, do not meet or medically equal the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1. (Id. at 27.) The ALJ proceeded to conclude that Angela retained the residual functional capacity (RFC) to perform light work as defined in 20 C.F.R. § 404.1567(b) and 416.967(b) except the claimant can frequently balance. (Id. at 28.) “She can occasionally climb ramps and stairs, stoop, kneel, crouch, and crawl but cannot climb ladders, ropes, or scaffolds. She should avoid concentrated exposure to temperature extremes and humidity. She should avoid exposure to

industrial hazards. She is expected to be off task 10% of the workday and absent 1.5 days per month.” (Id.) The ALJ found that “[c]onsidering the claimant’s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform,” including work as a clerical assistant, router, and classifier. (Id. at 35.) Thus, the ALJ determined that plaintiff was not disabled. (Id. at 36.) II. DISCUSSION A. Standard of Review When reviewing the decision of an ALJ, the court must uphold the factual findings and final decision of the Commissioner if they are supported by substantial evidence and were reached through application of the correct legal standard. See 42 U.S.C. § 405(g); Biestek v.

Berryhill, 587 U.S. 97, 99 (2019). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Shelley C. v. Comm’r of SSA, 61 F.4th 341, 353 (4th Cir. 2023) (internal quotation marks omitted). “It consists of more than a mere scintilla of evidence but may be less than a preponderance.” Pearson v. Colvin, 810 F.3d 204, 207 (4th Cir. 2015) (internal quotation marks omitted). “In reviewing for substantial evidence, [the court should not] undertake to re-weigh conflicting evidence, make credibility determinations, or substitute [its] judgment for that of the [ALJ].” Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir. 2005) (quoting Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996)). “Rather, where conflicting evidence allows reasonable minds to differ as to whether a claimant is

disabled, [the court] defer[s] to the ALJ’s decision.” Shinaberry v. Saul, 952 F.3d 113, 123 (4th Cir. 2020) (internal quotation marks omitted). Nonetheless, an “ALJ must adequately explain his reasoning” to allow the court to “engage in a meaningful review.” Woods v. Berryhill, 888 F.3d 686, 692–93 (4th Cir. 2018), superseded on other grounds as recognized in Rogers v. Kijakazi, 62 F.4th 872 (4th Cir. 2023). “Indeed, [Fourth Circuit] precedent makes clear that meaningful review is frustrated when an ALJ goes straight from listing evidence to stating a conclusion.” Thomas v. Berryhill, 916 F.3d 307, 311 (4th Cir. 2019). Instead, “ALJs must ‘build an accurate and logical bridge’ from the evidence to their conclusions.” Arakas v. Comm’r, 983 F.3d 83, 95 (4th Cir. 2020) (citing Monroe v. Colvin, 826 F.3d 176, 189 (4th Cir. 2016)). If it does so, and the decision is supported by substantial evidence, the ALJ’s decision must be upheld. See id. at 94; 42 U.S.C. § 405(g). Where, as here, a matter has been referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1), this court reviews de novo the portions of the report to which a timely objection has been made. Elijah v. Dunbar, 66 F.4th 454, 460 (4th Cir. 2023); see also Fed. R. Civ. P.

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