Talton v. Kijakazi

CourtDistrict Court, S.D. Alabama
DecidedMarch 17, 2022
Docket2:20-cv-00543
StatusUnknown

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

Bluebook
Talton v. Kijakazi, (S.D. Ala. 2022).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION

JENOBIA TALTON, * * Plaintiff, * * vs. * CIVIL ACTION NO. 20-00543-B * KILOLO KIJAKAZI, * Acting Commissioner of Social * Security,1 * * Defendant. *

ORDER Plaintiff Jenobia Talton (hereinafter “Plaintiff”), seeks judicial review of a final decision of the Commissioner of Social Security denying her claim for a period of disability, disability insurance benefits, and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401, et seq., and 1381, et seq. On November 5, 2021, the parties consented to have the undersigned conduct any and all proceedings in this case. (Doc. 18). Thus, the action was referred to the undersigned to

1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Therefore, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. 405(g). conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. Upon careful consideration of the administrative record and the memoranda of the parties, it is hereby ORDERED that the decision of the Commissioner be AFFIRMED.

I. Procedural History2

Plaintiff filed her application for benefits on June 25, 2019. (Doc. 11 at 232). Plaintiff alleges that she has been disabled since June 24, 2018, due to high blood pressure, diabetes, multiple sclerosis, neuropathy, migraine headaches, arthritis, morbid obesity, depression, anxiety, and sleep apnea. (Id. at 247, 250). Plaintiff’s application was denied and, upon timely request, she was granted an administrative hearing before an Administrative Law (hereinafter “ALJ”) on May 6, 2020. (Id. at 53). Plaintiff attended the hearing, via telephone conference, with her counsel and provided testimony related to her claims. (Id. at 63). In addition, a vocational expert (“VE”) appeared, via telephone conference, at the hearing and provided testimony. (Id. at 80). On June 5, 2020, the ALJ issued an unfavorable decision finding that Plaintiff is not disabled. (Id. at 46). The Appeals Council denied Plaintiff’s request for review on October 1, 2020. (Id. at

2 The Court’s citations to the transcript in this order refer to the pagination assigned in CM/ECF. 15). Therefore, the ALJ’s decision dated June 5, 2020, became the final decision of the Commissioner. Having exhausted her administrative remedies, Plaintiff timely filed the present civil action. (Doc. 1). The parties waived oral argument on November 4, 2021. (Doc. 16). This case

is now ripe for judicial review and is properly before this Court pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). II. Issues on Appeal 1. Whether substantial evidence supports the ALJ’s assessment of the expert medical opinion evidence of Plaintiff’s treating physicians, Dr. Walid Freij, M.D., and Dr. Glenton Davis, M.D.

2. Whether substantial evidence supports the RFC.

III. Factual Background Plaintiff was born on March 23, 1986, and was thirty-four years of age at the time of her administrative hearing on May 6, 2020. (Doc. 11 at 53, 247). Plaintiff completed high school and attended college, earning an RN nursing degree. (Id. at 250, 1006). Plaintiff reported that she had only one job in the fifteen years before becoming unable to work, that is, she worked as a home visit nurse for a home health company from 2010 to 2015. (Id. at 252). Plaintiff testified that she lives with her daughter, for whom she provides some care, and she manages her own personal care needs, with some assistance. (Id. at 66-67, 274). She uses the computer, does light housekeeping, prepares simple meals, drives,3 shops for groceries with her daughter, and can handle her own finances. (Id. at 66-67, 274-77, 1007). She attends church and spends time with others. (Id. at 278, 1007). She reported some

problems with memory. (Id. at 276). IV. Standard of Review In reviewing claims brought under the Act, this Court’s role is a limited one. The Court’s review is limited to determining 1) whether the decision of the Secretary is supported by substantial evidence and 2) whether the correct legal standards were applied.4 Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990). A court may not decide the facts anew, reweigh the evidence, or substitute its judgment for that of the Commissioner. Sewell v. Bowen, 792 F.2d 1065, 1067 (11th Cir. 1986). The Commissioner’s findings of fact must be affirmed if they are based upon substantial evidence. Brown v. Sullivan, 921 F.2d 1233, 1235 (11th Cir. 1991);

Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983) (holding substantial evidence is defined as “more than a scintilla,

3 Plaintiff reported that she drives short distances because of problems with her sight and numbness. (Doc. 11 at 277). 4 This Court’s review of the Commissioner’s application of legal principles is plenary. Walker v. Bowen, 826 F.2d 996, 999 (11th Cir. 1987). but less than a preponderance” and consists of “such relevant evidence as a reasonable person would accept as adequate to support a conclusion.”). In determining whether substantial evidence exists, a court must view the record as a whole, taking into account evidence favorable, as well as unfavorable, to the

Commissioner’s decision. Chester v. Bowen, 792 F. 2d 129, 131 (11th Cir. 1986); Short v. Apfel, 1999 U.S. Dist. LEXIS 10163, *4 (S.D. Ala. June 14, 1999). V. Statutory and Regulatory Framework An individual who applies for Social Security disability benefits must prove his or her disability. 20 C.F.R. §§ 404.1512, 416.912. Disability is defined 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 12 months.” 42 U.S.C. §§ 423(d)(1)(A); see also 20 C.F.R. §§ 404.1505(a), 416.905(a). The

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