Thompson v. Colvin

174 F. Supp. 3d 1080, 2016 U.S. Dist. LEXIS 41819, 2016 WL 1245414
CourtDistrict Court, E.D. Missouri
DecidedMarch 30, 2016
DocketCase No. 1:14-cv-171-JAR
StatusPublished
Cited by1 cases

This text of 174 F. Supp. 3d 1080 (Thompson 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
Thompson v. Colvin, 174 F. Supp. 3d 1080, 2016 U.S. Dist. LEXIS 41819, 2016 WL 1245414 (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 Thomas L. Thompson’s (“Thompson”) application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401, et seq,, and supplemental security income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et seq.

I. Background

On November 28, 2011, Thompson protectively filed an application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et seq., alleging disability beginning April 1, 2009. The Social Security Administration denied Thompson’s claim on March 28, 2012. Thompson filed a timely request for a hearing before an administrative law judge (“ALJ”) on April 18, 2012. Following a hearing on September 25, 2013, the ALJ issued a written decision on October 28, 2013, upholding the denial of benefits. (Tr. 12-19.) Thompson then requested review of the 'ALJ’s decision by the Appeals Council on October 31, 2013 (Tr. 6), which request was denied. (Tr. 1-3.) 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).

Thompson filed the instant motion for review on December 1, 2014. (Doc. No. 1.) The Commissioner filed an Answer. (Doc. No. 9.) Thompson 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.) Thompson did not file a reply.

II. Decision of the ALJ

The ALJ determined Thompson had not engaged in substantial gainful activity since April 1, 2009, the alleged onset date. (Tr. 14.) The ALJ found Thompson had the severe impairments of degenerative disc disease of the lumbar spine, status post microdiscectomy, and status post hip surgery (Tr. 14-15), but that no impairment or combination of impairments met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. 15.)

After considering the entire record, the ALJ determined Thompson had the residual functional capacity (“RFC”) to perform light work, except that he must have an option to sit or stand on an hourly basis, and he is limited to occasional stooping, kneeling, crouching or crawling. Id. The ALJ found that, although Thompson is unable to perform any past relevant work, there are jobs that exist in significant numbers in the national economy that Thompson can perform, such as cashier, security guard, and factory inspector. (Tr. 17-18.) Thus, the ALJ concluded Thompson has not been under a disability from April 1, 2009,' through the date of the [1084]*1084decision. (Tr. 18.) Thompson appeals the ALJ’s decision, arguing that the ALJ’s evaluation is not supported by substantial medical evidence and that the record is insufficiently developed.

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 25, 2018, Thompson testified and was represented by counsel. Elizabeth Clem, vocational expert, also testified at the hearing. (Tr. 26.)

1. Thompson’s testimony

At the time of the hearing, Thompson was 38 years old and living in government housing. (Tr. 28,- 32.) Thompson lives with his wife, Catherine, and their two children. He owes regular child support to his first wife on behalf of the daughter they share together, who was sixteen years old at the time of the hearing. (Tr. 30-32.) Thompson completed the ninth grade in school and earned his GED. (Tr. 29.) Thompson receives food stamp benefits, and his wife receives approximately $690 per month in Social Security disability benefits. (Tr. 32.)

Thompson was injured approximately a decade ago when he suffered a herniated disc and a shattered pelvis following a car accident (described elsewhere in the record as a dirt bike accident)1 wherein he collided with a tree. (Tr. 37-39.) Thompson required hip, reconstruction surgery. In addition to pain emanating from his hip injury, Thompson suffers from back pain dating to an .injury incurred whilst moving a refrigerator, for which he underwent surgery in 2005. He also suffers from pain in his left leg. Id. Thompson testified that the muscle deterioration in his hip requires a hip replacement, but he has been unable to afford one. Id. Thompson testified that as a result of his injury and back pain, he cannot run or jump, cannot lift or carry things, and cannot push or pull things. He also cannot sit for an extended period of time without pain. (Tr. 34.) Although he testified that he is emotionally stable, Thompson stated that he has trouble with his memory and sometimes has trouble with attention and concentration. (Tr. 35.)

On a typical day, Thompson wakes up his children and gets them ready for school. (Tr. 36.) He assists in washing dishes from the evening before if necessary. He spends most of the day watching television. Id. Thompson testified that he attends his daughter’s basketball games on the weekends. He does not drink, but does smoke tobacco. Id.

2. Testimony of vocational expert

Vocational expert Elizabeth Clem also testified at the hearing. In a hypothetical, the ALJ asked Clem to assume a person of the same age, education, and work experience as Thompson who is able to perform at the light exertional level with the following limitations: a requirement to alternate between sitting and standing on an hourly basis, and only occasional kneeling, stooping, crouching, or crawling. (Tr. 44.) Clem determined that such a person would be able to perform a job such as cashier II, Dictionary of Occupational Titles (“DOT”) 211.462-010, SVP of 2. (Tr. 44-45.) Clem estimated 12,000 such jobs are being performed in the state of Missouri. Id. In [1085]*1085addition, Clem testified that such a person could perform the job of security guard, DOT 211.462-010, SVP of 3, light work. Id. There are approximately 11,000 such jobs being performed in the state of Missouri. Id. Finally, Clem testified that such a person could work as a factory inspector, DOT 741.687-010, SVP of 2, light work. In the state of Missouri, approximately i,500 such jobs exist. Clem testified that each of the jobs mentioned would allow the worker to sit/stand on an hourly basis.

In a second hypothetical, the ALJ asked Clem to assume the same factors identified above.

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174 F. Supp. 3d 1080, 2016 U.S. Dist. LEXIS 41819, 2016 WL 1245414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-colvin-moed-2016.