TINNEY v. COMMISSIONER OF SOCIAL SECURITY

CourtDistrict Court, D. New Jersey
DecidedOctober 17, 2022
Docket2:21-cv-20289
StatusUnknown

This text of TINNEY v. COMMISSIONER OF SOCIAL SECURITY (TINNEY v. COMMISSIONER OF SOCIAL SECURITY) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
TINNEY v. COMMISSIONER OF SOCIAL SECURITY, (D.N.J. 2022).

Opinion

Not for Publication

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

BRUCE T., Plaintiff, y. Civil Action No. 21-20289 KILOLO KIJAKAZI, Acting Commissioner OPINION of Social Security, : Defendant.

PADIN, DISTRICT JUDGE Plaintiff Bruce T. appeals the decision of the Commissioner of Social Security denying his application for supplemental security income (“SSI”) under Title XVI of the Social Security Act (the “Act”), 42 U.S.C. § 1381, ef seg. See D.E. 1. For the reasons discussed below, the Court VACATES and REMANDS the decision of the Commissioner. 1. BACKGROUND On August 29, 2018, Plaintiff filed an application for SSI. D.E. 6, Administrative Record (R.”) at 85. Plaintiffs application was denied initially on March 12, 2019, and again, after reconsideration, on November 26, 2019. Jd at 101-105, 116-117. On December 11, 2020, an Administrative Law Judge (“ALJ”) held a hearing, at which Plaintiff and a vocational expert testified, 7d. at 41-70. On February 10, 2021, the ALJ denied Plaintiff's SSI application, /d. at 18-40, The ALJ ruled that Plaintiff's impairments did not meet or medically equal a listed impairment that would automatically render him disabled. Jd. at 24. The ALJ further ruled that Plaintiff had the residual functional capacity to work in several jobs that exist in significant numbers in the national economy. /d. at 34.

The Appeals Council denied Plaintiffs request for review on September 30, 2021. id. at 1-7. Plaintiff then filed the instant appeal, over which the Court has subject-matter jurisdiction pursuant to 42 U.S.C, §§ 405(g) and 1383(c)(3). The Commissioner opposes. D.E. 12. Ik. LEGAL STANDARDS A. “Disability” Under the Act To receive SSI, a claimant must show that he is “disabled” within the meaning of the Act. 42 U.S.C. § 1382(a). 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 twelve months.” 42 U.S.C. § 1382c(a)(3)(A). Under this definition, a claimant qualifies as disabled only if his physical or mental impairments are of such severity that he is not only unable to perform his past relevant work, but cannot, given his age, education, and work experience, engage in any other type of substantial gainful work which exists in the national economy, regatdless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. 42 U.S.C. § 1382c(a)(3\B). B. The Commissioner’s Five- Step Disability Analysis In evaluating whether a claimant is disabled as defined in the Act, the Commissioner follows a five-step sequential evaluation process, 20 C.F.R. § 404,1520(a), Under this process, the Commissioner must determine, in sequence: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals a listed impairment; (4) whether the claimant is able to do past relevant work, considering his residual functional capacity (“RFC”); and (5) whether the claimant is able

to do any other work that exists in significant numbers in the national economy, considering his REC, age, education, and work experience. 20 C.F.R. § 404.1520(a). In the first four steps, the burden is on the claimant to prove every element of his claim by a preponderance of the evidence. See Wallace v. Secretary of Health & Human Servs., 722 □□□□ 1150, 1153 (3d Cir, 1983). In the fifth and final step, the Commissioner bears the burden of proving that work is available for the plaintiff. Kangas y. Bowen, 823 F.2d 775, 777 (3d Cir. 1987); Olsen v. Schweiker, 703 F.2d 751, 753 (3d Cir. 1983). Stated somewhat differently, the claimant bears the initial burden of demonstrating a medically determinable impairment that prevents him from doing past relevant work. 20 C.F.R. § 404.1512(a). Once the claimant has established at step four that he cannot do past relevant work, the burden then shifts to the Commissioner at step five to show that jobs exist in significant numbers in the national economy that the claimant could perform that are consistent with his RFC, age, education, and past work experience, 20 C.F.R. § 404.1512(f. In addition, between steps three and four, the ALJ must assess a claimant’s RFC, which is defined as “that which an individual is still able to do despite the limitations caused by his or her impairment(s).” Burnett v. Comm’r of Soc. Sec., 220 F.3d 112, 121 (3d Cir. 2000) (citations omitted); see also 20 C.FLR. §§ 404.1520(e), 404.1545(a)(1), 416.920(e), 416.945(a)(1). In making this assessment, the ALJ considers all of the claimant’s medically determinable impairments, including any non-severe impairments identified by the ALJ at step two of his or her analysis. 20 C.F.R. §§ 404.1545(a)(2), 416.945(a)(2). Once the ALJ has made this determination, this Court’s review of the ALJ’s assessment of the plaintiff's RFC is deferential, and that RFC assessment will not be set aside if it is supported by substantial evidence. Burns v. Barnhart, 312 F.3d 113, 129 Gd Cir. 2002).

Cc, The Commissioner’s Assessment of Medical Opinions Plaintiff filed for disability following a paradigm shift in the manner in which medical opinions are evaluated when assessing Social Security claims. Prior to March 2017, ALJs were required to follow regulations that defined medical opinions narrowly and created a hierarchy of medical source opinions with treating sources at the apex of this hierarchy, However, in March of 2017, the Commissioner’s regulations governing medical opinions changed in a number of ways. The range of opinions that ALJs were instructed to consider were broadened substantially, and the approach to evaluating opinions was changed from a hierarchical form of review to a more holistic analysis. As aptly explained by one court: The regulations regarding the evaluation of medical evidence have been amended for claims filed after March 27, 2017, and several of the prior Social Security Rulings, including SSR 96-2p, have been rescinded.

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