Williams v. Commissioner of Social Security

CourtDistrict Court, W.D. Virginia
DecidedAugust 26, 2020
Docket2:19-cv-00008
StatusUnknown

This text of Williams v. Commissioner of Social Security (Williams v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Commissioner of Social Security, (W.D. Va. 2020).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA BIG STONE GAP DIVISION

MARCEI STOKES WILLIAMS, ) Plaintiff ) ) Civil Action No. 2:19cv00008 v. ) ) MEMORANDUM OPINION ANDREW SAUL,1 ) Commissioner of Social Security, ) By: PAMELA MEADE SARGENT Defendant ) United States Magistrate Judge

I. Background and Standard of Review

Plaintiff, Marcei Stokes Williams, (“Williams”), filed this action challenging the final decision of the Commissioner of Social Security, (“Commissioner”), denying her claim for disability insurance benefits, (“DIB”), under the Social Security Act, as amended, (“Act”), 42 U.S.C. § 423 et seq. Jurisdiction of this court is pursuant to 42 U.S.C. § 405(g). This case is before the undersigned magistrate judge by transfer by consent of the parties pursuant to 28 U.S.C. § 636(c)(1). Neither party has requested oral argument; therefore, this case is ripe for decision.

The court’s review in this case is limited to determining if the factual findings of the Commissioner are supported by substantial evidence and were reached through application of the correct legal standards. See Coffman v. Bowen, 829 F.2d 514, 517 (4th Cir. 1987). Substantial evidence has been defined as

1 Andrew Saul became the Commissioner of Social Security on June 17, 2019; therefore, he is automatically substituted as the defendant in this case pursuant to FED. R. CIV. P. RULE 25(d). “evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.” Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir. 1966). ‘“If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is “‘substantial evidence.’”” Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990) (quoting Laws, 368 F.2d at 642).

The record shows that Williams protectively filed her application for DIB on June 23, 2015, alleging disability as of November 16, 2015,2 based on degenerative disc disease; carpal tunnel syndrome in the left hand involving the forearm; carpal tunnel syndrome in the right hand; seizures; Bell’s palsy; diabetes; high cholesterol; high blood pressure; vitamin D deficiency; acid reflux disease; back pain; and memory problems. (Record, (“R.”), at 13, 154-55, 175, 191.) The claim was denied initially and upon reconsideration. (R. at 77-79, 83-85, 88-91, 93-95.) Williams then requested a hearing before an administrative law judge, (“ALJ”). (R. at 96-97.) The ALJ held a hearing on December 11, 2017, at which Williams was represented by counsel. (R. at 28-51.)

By decision dated April 9, 2018, the ALJ denied Williams’s claim. (R. at 13- 22.) The ALJ found that Williams met the nondisability insured status requirements of the Act for DIB purposes through December 31, 2019. (R. at 15.) The ALJ found that Williams had not engaged in substantial gainful activity since November 16, 2015, the amended alleged onset date.3 (R. at 15.) The ALJ

2 Williams initially alleged a disability onset date of October 15, 2014; however, she amended her onset date to November 16, 2015, at her hearing. (R. at 31, 154.)

3 Therefore, Williams must show that she was disabled between November 16, 2015, the alleged onset date, and April 9, 2018, the date of the ALJ’s decision, in order to be eligible for determined that Williams had a severe impairment, namely epilepsy, but he found that Williams did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 C.F.R., Part 404, Subpart P, Appendix 1. (R. at 15-16.) The ALJ found that Williams had the residual functional capacity to perform light4 work that required no more than occasional balancing and climbing and frequent stooping, kneeling, crouching and crawling; that required no more than frequent handling, fingering and feeling with the right hand; and that did not require her to work around hazards, such as machinery and unprotected heights. (R. at 17.) The ALJ found that Williams was able to perform her past work as a waitress. (R. at 20.) In addition, based on Williams’s age, education, work history and residual functional capacity and the testimony of a vocational expert, the ALJ found that a significant number of jobs existed in the national economy that Williams could perform, including the jobs of a cafeteria attendant, a cashier II and a checker. (R. at 21-22.) Thus, the ALJ concluded that Williams was not under a disability as defined by the Act and was not eligible for DIB benefits. (R. at 22.) See 20 C.F.R. § 404.1520(f), (g) (2019).

After the ALJ issued his decision, Williams pursued her administrative appeals, (R. at 151, 237-38), but the Appeals Council denied her request for review. (R. at 1-5.) Williams then filed this action seeking review of the ALJ’s unfavorable decision, which now stands as the Commissioner’s final decision. See 20 C.F.R. § 404.981 (2019). This case is before this court on Williams’s motion for summary judgment filed July 19, 2019, and the Commissioner’s motion for

benefits.

4 Light work involves lifting items weighing up to 20 pounds at a time with frequent lifting or carrying of items weighing up to 10 pounds. If someone can perform light work, she also can perform sedentary work. See 20 C.F.R. § 404.1567(b) (2019). summary judgment filed August 16, 2019.

II. Facts

Williams was born in 1965, (R. at 154), which, at the time of the ALJ’s decision, classified her as a “person closely approaching advanced age” under 20 C.F.R. § 404.1563(d). She has a high school education and past work experience as a cook, a kitchen helper, a waitress and a cashier. (R. at 45-46, 176.) Williams testified at her hearing that her seizures were under control. (R. at 36.) She stated that she experienced numbness, tingling and burning in her feet due to diabetic neuropathy. (R. at 36-37.) Williams stated that she had difficulty walking and standing. (R. at 37.) She stated that she could stand up to 15 minutes without interruption; walk up to 30 minutes without interruption; and sit up to 30 minutes without interruption. (R. at 37, 44.)

Mark Hileman, a vocational expert, also was present and testified at Williams’s hearing. (R. at 45-50, 221.) Hileman testified that a hypothetical individual of Williams’s age, education and work history, who had the residual functional capacity to perform light work, who could occasionally balance and climb and frequently handle, finger and feel with the right hand, and who should avoid hazards, such as machinery and unprotected heights, could perform Williams’s past work as a waitress. (R.

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Williams v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-commissioner-of-social-security-vawd-2020.