Vázquez-Rivera v. Commissioner of Social Security

943 F. Supp. 2d 300, 2013 WL 1896944
CourtDistrict Court, D. Puerto Rico
DecidedMay 7, 2013
DocketCivil No. 12-1297 (MEL)
StatusPublished
Cited by2 cases

This text of 943 F. Supp. 2d 300 (Vázquez-Rivera v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vázquez-Rivera v. Commissioner of Social Security, 943 F. Supp. 2d 300, 2013 WL 1896944 (prd 2013).

Opinion

OPINION AND ORDER

MARCOS E. LÓPEZ, United States Magistrate Judge.

I. Procedural History

Carlos Vázquez Rivera (“plaintiff’ or “claimant”) was born in 1966 and has at least a high school education. (Tr. 20). Plaintiff worked as an operator at a silverware factory until August 2003 and then as a nurse at a hospital until September 2006. (Tr. 81). On May 3, 2007, plaintiff filed an application for Social Security disability benefits, alleging disability due to diabetes mellitus and depression. (Tr. 15). The alleged onset date of the disability was September 27, 2006, and the end of plaintiffs insurance period was March 31, 2012. (Tr. 13, 15). Plaintiffs application was denied initially and upon reconsideration. Plaintiff made a timely request for a hearing, but waived his right to appear. (Tr. 389). He was represented by counsel at the hearing, which took place on February 23, 2010. (Tr. 27). A medical expert and a vocational expert provided testimony at the hearing. The ALJ rendered a decision on April 22, 2010, denying plaintiffs claim. (Tr. 21). The Appeals Council denied plaintiffs request for review on March 6, 2012. (Tr. 1). Therefore, the ALJ’s decision became the final decision of the Commissioner of Social Security (the “Commissioner” or “defendant”).

On May 2, 2012, plaintiff filed a complaint seeking review of the ALJ’s decision pursuant to 42 U.S.C. § 405(g), alleging that it was not based on substantial evidence. (D.E. 1). On September 6, 2012, defendant filed an answer to the complaint and a certified transcript of the administrative record. (D.E. 8; 9). Plaintiff has filed a memorandum of law (D.E. 16), but defendant has not.

II. Legal Standard

A. Standard of Review

Once the Commissioner has rendered his final determination on an application for disability benefits, a district court “shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing [that decision], with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The court’s review is limited to determining whether the ALJ employed the proper legal standards and whether his factual findings were founded upon sufficient evidence. Specifically, the court “must examine the record and uphold a final decision of the Commissioner denying benefits, unless the decision is based on a faulty legal thesis or factual error.” Lopez Vargas v. Comm’r of Soc. Sec., 518 F.Supp.2d 333, 335 (D.P.R.2007) (citing Manso-Pizarro v. Sec’y of Health & Human Servs., 76 F.3d 15, 16 (1st Cir.1996) (per curiam)).

Additionally, “[t]he findings of the Commissioner ... as to any fact, if supported by substantial evidence, shall be conclusive.” 42 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). The standard requires “ ‘more than a mere scintilla of evidence but may be somewhat less than [303]*303a preponderance’ of the evidence.” Ginsburg v. Richardson, 436 F.2d 1146, 1148 (3d Cir.1971) (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)).

While the Commissioner’s fact findings are conclusive when they are supported by substantial evidence, they are “not conclusive when derived by ignoring evidence, misapplying the law, or judging matters entrusted to experts.” Nguyen v. Chater, 172 F.3d 31, 35 (1st Cir.1999) (per curiam) (citing Da Rosa v. Sec’y of Health & Human Servs., 803 F.2d 24, 26 (1st Cir.1986) (per curiam); Irlanda Ortiz v. Sec’y of Health & Human Servs., 955 F.2d 765, 769 (1st Cir.1991) (per curiam)). Moreover, a determination of substantiality must be made based on the record as a whole. See Irlanda Ortiz, 955 F.2d at 769 (citing Rodríguez v. Sec’y of Health & Human Servs., 647 F.2d 218, 222 (1st Cir.1981)). However, “[i]t is the responsibility of the [ALJ] to determine issues of credibility and to draw inferences from the record evidence.” Id. Therefore, the court “must affirm the [Commissioner’s] resolution, even if the record arguably could justify a different conclusion, so long as it is supported by substantial evidence.” Rodríguez Pagán v. Sec’y of Health & Human SeRVs., 819 F.2d 1, 3 (1st Cir.1987) (per curiam).

B. Disability under the Social Security Act

To establish entitlement to disability benefits, the claimant bears the burden of proving that he or she is disabled within the meaning of the Social Security Act. See Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 146-47, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). An individual is deemed to be disabled under the Social Security Act if he or she is unable “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).

Claims for disability benefits are evaluated according a five-step sequential process. 20 C.F.R. § 404.1520; Barnhart v. Thomas, 540 U.S. 20, 24-25, 124 S.Ct. 376, 157 L.Ed.2d 333 (2003); Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 804, 119 S.Ct. 1597, 143 L.Ed.2d 966 (1999); Yuckert, 482 U.S. at 140-42, 107 S.Ct. 2287. If it is determined that the claimant is not disabled at any step in the evaluation process, then the analysis will not proceed to the next step. At step one, it is determined whether the claimant is working and thus engaged in “substantial gainful activity.” 20 C.F.R.

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943 F. Supp. 2d 300, 2013 WL 1896944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vazquez-rivera-v-commissioner-of-social-security-prd-2013.