VEGA v. COMMISSIONER OF SOCIAL SECURITY

CourtDistrict Court, D. New Jersey
DecidedJanuary 27, 2021
Docket2:19-cv-11399
StatusUnknown

This text of VEGA v. COMMISSIONER OF SOCIAL SECURITY (VEGA 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
VEGA v. COMMISSIONER OF SOCIAL SECURITY, (D.N.J. 2021).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

MARIBEL VEGA Civil Action No.: 19-11399 Plaintiff, v. OPINION COMMISSIONER OF SOCIAL SECURITY, Defendant. CECCHI, District Judge. I. INTRODUCTION This matter comes before the Court on the appeal of Plaintiff Maribel Vega(“Plaintiff”), seeking review of a final decision of the Commissioner of Social Security (“Defendant”) denying her applicationsfordisability insurance benefits (“DIB”)and supplemental security income (“SSI”)under the Social Security Act (“SSA”). See42 U.S.C. §§ 401-34, 1382-83f. For the reasons set forth below, the Court will AFFIRMthedecision of theAdministrative Law Judge(“ALJ”). II. BACKGROUND A. ProceduralBackground Plaintiff applied for DIB on December 22, 2014, and SSI on January 9, 2015, both times initially alleging disability as of December 5, 2013. Tr.1 at 416-25. Plaintiff’s claims were denied initially and upon reconsideration. Id.at 15. Sheappeared and testified at asubsequenthearing before an ALJ on June 9, 2017. Id. at 96-140, 223-28. At Plaintiff’s request, the ALJ amended the alleged disability onset date to June 9, 2014—the date of her 50th birthday. Id. at 89, 599. Thereafter, on December 4, 2017, the ALJ issued a decision finding Plaintiff not disabled. Id. at 193-207. Upon receipt of the unfavorable decision, Plaintiff’s counsel submitted a letter to the ALJ’s office 1“Tr.” refers to the certifiedrecord of the administrative proceedings. ECF No. 6. at 600) if Plaintiff amendedher onset date from December 5, 2013, to June 9, 2014. Id. at 15. Despite Plaintiff’s counsel’s representations, however, there was no record of the alleged call, no staff member recalled making any such call, and the ALJ never authorized or requested the alleged call. Id. Nevertheless, “[b]ecause of the unfortunate confusion caused by this alleged phone call,” the ALJ found good cause to vacate his unfavorable decision and rescheduled a full hearing for January 24, 2018. Id.

at 46-68. Following that hearing, he issued another decision finding Plaintiff not disabled on February 7, 2018. Id. at 15-27. Plaintiffsubsequently appealedto theAppeals Council, whichaffirmedthe ALJ’s findings. Id. at 1-5. Plaintiff then commenced this action onApril 26, 2019. (ECF No. 1). B. FactualBackground Plaintiff is an adult femaleborn on June 9, 1964. Tr. at 416. She stopped formal schooling in the 11thgrade. Id. at 111. She has two adult children and is not married. Id. at 106. Within the past twenty years, Plaintiff has worked as a housekeeper, security guard, parts picker, cashier, cleaner, hostess, and babysitter. Id. at 99, 124-27, 498-505. She has not worked since 2014 and is currently on food stamps. Id.at 111, 498. Plaintiffsuffers from degenerative disc disease of the lumbar spine, osteopenia, osteoarthritis, chronic obstructive pulmonary disease (“COPD”), and major depressive disorder. Id. at 18. Plaintiff also allegedly suffers from high cholesterol, hypertension, and carpal tunnel syndrome; however, the ALJ found that “the record does not show any significant symptoms or limitations stemming from these conditions.” Id. Although Plaintiff testified that she “quit smoking,” she still smokes about a cigarette a day. Id. at110. Plaintiff’scurrenttreatment includesa variety ofmedications,once a month psychiatric visits, use of an asthma pump, an occasional median nerve injection in her left wrist to relieve pain,and theuse of wrist splintsand a cane(more invasive treatments like surgery have never

been suggested). Id. at 15-28, 110-13. Plaintiff currently lives on the ground floor ofa two-story home. Id. at 107. She occasionally cooks, cleans, and does laundry with the assistance of her daughter. Id. at 115-17. She has trouble that “I’m not happy,” but when asked why, she responded “I don’t know.” Id. at 114. She enjoys watching television, using Facebook, occasionally socializing with her daughters and neighbors, and walkingto church once a week (about a block and a half away from her home). Id. at 108-09, 115-17. Whenever shegoes walking, someone always accompanies her. Id. at 22. III. LEGALSTANDARD

A. Standard ofReview This Court has jurisdiction to review the Defendant’s decision under 42 U.S.C. §§ 405(g) and 1383(c)(3). The Court is not “permitted to re-weigh the evidence or impose [its] own factual determinations,” but must give deference to the administrative findings. Chandler v. Comm’r of Soc. Sec., 667 F.3d 356, 359 (3d Cir. 2011); see also 42 U.S.C. § 405(g). Nevertheless, the Court must “scrutinize the record as a whole to determine whether the conclusions reached are rational” and supported by substantial evidence. Gober v. Matthews, 574 F.2d 772, 776 (3d Cir. 1978) (citations omitted). Substantial evidenceis “more than a mere scintilla.” Richardsonv. Perales, 402 U.S. 389, 401 (1971). Rather, itis “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. If the factual record is adequately developed, substantial evidence “may be ‘something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's finding from being supported by substantial evidence.’” Daniels v. Astrue, 2009 WL 1011587, at *2 (M.D. Pa. Apr. 15, 2009) (quoting Consolo v. Fed. Mar. Comm'n, 383 U.S. 607, 620 (1966)). In other words, under this deferential standard of review, the Court may not set aside the ALJ's decision merely because it would have come to a different conclusion. Cruz v. Comm'r of Soc. Sec., 244 F. App’x. 475, 479 (3d Cir.

2007) (citing Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999)). Under the SSA, to be eligible for benefits(both DIB and SSI), a plaintiff must show that he or she is disabled by demonstrating an inability to “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected toresultindeath orwhichhaslastedorcanbeexpectedtolastforacontinuousperiodofnotlessthantwelve months.” 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). Taking into account the plaintiff’s age, education, and

work experience, disability will be evaluated by the plaintiff’s ability to engage in his or her previous work or any other form of substantial gainful activity existing in the national economy. 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). A person is disabled for these purposes only if his or herphysical or mental impairments are “of such severity that he[or she]is not only unable to do his[or her]previous work but cannot, considering his [or her] age, education, and work experience, engage in any other kind ofsubstantialgainfulworkwhichexistsinthenationaleconomy.” 42U.S.C.§ 1382c(a)(3)(B).

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VEGA v. COMMISSIONER OF SOCIAL SECURITY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vega-v-commissioner-of-social-security-njd-2021.