Stamper v. Colvin

174 F. Supp. 3d 1058, 2016 U.S. Dist. LEXIS 42125, 2016 WL 1246045
CourtDistrict Court, E.D. Missouri
DecidedMarch 30, 2016
DocketCase No. 4:14-cv-2101-JAR
StatusPublished
Cited by18 cases

This text of 174 F. Supp. 3d 1058 (Stamper v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stamper v. Colvin, 174 F. Supp. 3d 1058, 2016 U.S. Dist. LEXIS 42125, 2016 WL 1246045 (E.D. Mo. 2016).

Opinion

MEMORANDUM AND ORDER

JOHN A. ROSS, UNITED STATES DISTRICT JUDGE

This is an action under 42 U.S.C. § 405(g) for judicial review of the Commissioner of Social Security’s final decision denying Keith Stamper’s (“Stamper”) application for supplemental security income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. § 401 et seq. For the reasons stated herein, the Court will reverse the decision of the Commissioner.

I. Background

On December 13, 2011, Stamper protectively filed an application for SSI under Title XVI of the Social Security Act, 42 U.S.C. § 401 et seq., alleging disability beginning September 23, 2005.1 (Tr. 147-52.) The Social Security Administration denied Stamper’s claim on March 19, 2012. (Tr. 112.) Stamper filed a timely request for a hearing before an administrative law judge (“ALJ”). Following a hearing on September 20, 2013, the ALJ issued a written decision on April 29, 2014, upholding the denial of benefits. (Tr. 17-29.) Stamper then requested review of the ALJ’s decision by the Appeals Council, which request wás denied on October 31, 2014. (Tr. 1-6.) Thus, the decision of the ALJ stands as the final decision of the Commissioner. See Sims v. Apfel, 530 U.S. 103, 107, 120 S.Ct. 2080,147 L.Ed.2d 80 (2000).

Stamper filed this appeal on December 23, 2014. (Doc. No. 1.) The Commissioner filed an Answer. (Doc. No. 9.) Stamper filed a brief in support of his complaint (Doc. No. 11) and the Commissioner filed a brief in support- of the answer. (Doc. No. 16.) Stamper filed a reply. (Doc. No. 17.)

II. Decision of the ALJ

The ALJ determined Stamper had not engaged in substantial gainful activity since December 12, 2011, the alleged onset date. (Tr. 22.) The ALJ found Stamper had [1060]*1060the severe impairments of degenerative disc disease and photophobia, but that no impairment or combination of impairments met or medically équaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. 22-23.)

After considering the entire record, the ALJ determined Stamper had the residual functional capacity (“RFC”) to perform sedentary work, with the following additional limitations: Stamper is unable to climb ladders, ropes or scaffolds; he can only occasionally climb ramps or stairs, or stoop;.he requires a sit/stand option every 30 minutes throughout the workday; he is unable to operate any foot controls; he must avoid concentrated, exposure to extreme vibration and working at unprotected heights; and finally, he is limited, to occupations that do not require work duties to be performed using sunlight or while looking directly into artificial lighting. (Tr. 23.) Based on written interrogatories submitted to a vocational expert, the ALJ found there are jobs that exist in significant numbers in the national economy that Stamper can perform, such as document preparer, order clerk, or stem mounter. (Tr. 28.) Thus, the ALJ concluded Stamper has not been under a disability from December 13, 2011, through the date of the decision. (Tr. 28.) Stamper appeals the ALJ’s decision, arguing that the ALJ’s evaluation is predicated on vocational expert testimony that conflicts with the Dictionary of Occupational Titles (“DOT”), which in turn produced an erroneous finding as to the jobs Stamper is able to perform.

III. Administrative Record

The following is a summary of the relevant evidence before the ALJ.

A. Hearing Testimony

The ALJ held a hearing in this matter on September 20, 2013, Stamper testified but was not represented by counsel. (Tr. 73.)

At the time of the hearing, Stamper was 48 years old and living with his brother and sister. (Tr. 78.) He is single and does not have children. Id. Stamper completed the twelfth grade in school and spent three years of his secondary education in special, vocational-focused classes. Id. at 79. He receives food stamps and is a participant in Missouri Health Net. Id. at 79-80. Although he has a driver license, Stamper estimates that he drives only once a month, or “once in a blue moon[.]” (Tr. 78.)

Prior to 2005, Stamper worked a plethora of manual labor-intensive jobs, including as a deckhand on tug boats. This work ceased in 2005 when Stamper sustained a back injury while on the job, although he never received workers’ compensation benefits. Stamper testified that he suffers intense pain at the L3, L4, and occasionally ,L5 levels of his back. He has never been able to afford an operation for his back pain. The pain occasionally extends to Stamper’s legs and feet. Stamper’s pain requires him to move from standing to sitting on a regular basis, usually about every twenty minutes. He experiences muscle spasms if he does not switch from standing to sitting on a regular basis. He experiences significant pain when he walks. (Tr. 83.) Stamper describes the pain as feeling like an electrical shock. (Tr. 85.)

Stamper also received a more recent injury to his eye when he collided with a tree branch. (Tr. 86.) After being diagnosed with inferior corneal laceration, Stamper received surgery to remove a sand particle and repair the eye. He is now far-sighted in the eye and, moreover, is very sensitive to light. Id. Stamper also manifested some suicidal ideations during [1061]*1061the hearing, but has neither received ongoing treatment for mental health issues, nor does he argue in the instant action that he should be awarded disability benefits based on mental impairments.

Stamper testified that, due to his pain, he has not slept in a bed in some seven years, but instead sleeps in a reclining chair. Stamper cannot bend at the waist and therefore wears slip-on shoes. He can normally dress himself, although Stamper testified that his brother and friends have occasionally had to help because “sometimes I get real down[.]” (Tr. 84.) Stamper’s brother and sister prepare his food and do Stamper’s shopping using his food stamp card. (Tr. 89.) Stamper does .not perform housework or yardwork. He states that his back “locks up” about once a month, which causes him to be “down for at least a week.” (Tr. 87.) He testified that he “live[s] in pain 24 hours a day.” (Tr. 89.)

B. Interrogatories Submitted to Vocational Expert

In lieu of a vocational expert’s live testimony at the hearing, the ALJ submitted interrogatories to vocational expert Jenifer Teixeira (“Teixeira”). (Tr. 234-240.) The interrogatories included the following hypothetical question:

Assume a hypothetical individual who was bom on October 1,1965, has at least a high school education and is able to communicate in English as defined in 20 ■C.F.R. §§ 404.1564 and 416.964, and has work experience as described in.your response to question #6. Assume further that this individual has the residual functional capacity (RFC) to perform sedentary work as defined in 20 C.F.R.

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Cite This Page — Counsel Stack

Bluebook (online)
174 F. Supp. 3d 1058, 2016 U.S. Dist. LEXIS 42125, 2016 WL 1246045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stamper-v-colvin-moed-2016.