Wilson v. Colvin

218 F. Supp. 3d 439, 2016 U.S. Dist. LEXIS 150957, 2016 WL 6442003
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 1, 2016
DocketCIVIL ACTION NO. 15-3409
StatusPublished
Cited by8 cases

This text of 218 F. Supp. 3d 439 (Wilson v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Colvin, 218 F. Supp. 3d 439, 2016 U.S. Dist. LEXIS 150957, 2016 WL 6442003 (E.D. Pa. 2016).

Opinion

MEMORANDUM OPINION

NITZAI. QUIÑONES ALEJANDRO, UNITED STATES DISTRICT JUDGE

INTRODUCTION

On July 24, 2015, Plaintiff Jameel Wilson (“Plaintiff’ or “Wilson”) filed this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final decision of Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration (“Defendant”), which denied his application for Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security Act (“the Act”), 42 U.S.C. §§ 1381-1383Í.1 The ultimate issue for judicial review is whether the final decision is supported by substantial evidence.

[442]*442Pursuant to 28 U.S.C. § 636(b)(1)(B), this matter was referred to United States Magistrate Judge Marilyn Heffley (“the Magistrate Judge”) for a Report and Recommendation (“R & R”). On July 26, 2016, the Magistrate Judge issued a report recommending that Plaintiffs request for review be denied. [EOF 13]. Thereafter, Plaintiff filed timely objections to the R & R, [ÉCF 14], Defendant filed a response to the objections, [EOF 16], and Plaintiff filed a reply, [EOF 17]. Thus, this matter is ripe for disposition.

After a thorough de novo review of the objections to the R & R, the administrative record,2 and the parties’ numerous submissions, this Court finds merit to Plaintiffs first two objections and, therefore, remands this matter to the Acting Commissioner of the Social Security Administration for further proceedings consistent with this Memorandum Opinion and Order.

BACKGROUND

The factual and procedural backgrounds of this case are set forth in detail in the R & R and will be recited herein only as needed to address the issues presented by Plaintiffs objections; to wit:

Plaintiff was born on April 6, 1973, has an eleventh-grade education, (Tr. at 165, 170), and worked as a professional boxer and forklift operator, although he never filed tax returns. (Id. at 60, 170). On October 26, 2005, November 27, 2009, and August 3, 2011, Plaintiff filed applications for SSI which were each denied. (Id. at 73, 84).
On July 31, 2012, Plaintiff filed the instant application for SSI benefits contending that he suffered from the following conditions: neck injury, spinal cord injury, back injury, shoulder injury, and numbness in his hands and fingers. (Id. at 72). His application was initially denied on September 28, 2012. (Id. at 97), Plaintiff filed a timely request for a hearing on October 25, 2012. (Id. at 104). The hearing was held on November 19, 2013, before Administrative Law Judge William Kurlander (“the ALJ”). (Id. at 22, 24). Plaintiff testified at the hearing, and offered medical evidence from treating and non-treating physicians, including an evaluation conducted by consulting physician David Chomsky, M.D. (“Dr. Chomsky”). (Id. at 193-197).
After reviewing the evidence and applying the required five-step sequential analysis,3 the ALJ concluded that Plaintiff was not disabled. (Id. at 81-96). Specifically, in the decision dated February 26, 2014, the ALJ found that Plaintiff had not engaged in substantial gainful activity since July 31, 2012; that he suffered from the following severe impairments: back disorder, eye disorder, depression, chronic obstructive pulmonary disease (“COPD”), and chronic pain syndrome, (id. at 86); that he did not have an impairment that met or medically equaled the severity of any impairment listed at 20 C.F.R. Part 404, Sub-part P, Appendix 1 (“the Appendix”),4

[443]*443(id. at 87); and. that he had the residual functional capacity (“RFC”)5 to perform “light work” as defined in 20 C.F.R. § 416.967(b),6except:

(1) Reasoning level 1-2;7 (2) sit/stand option (by this I mean, if the person is sitting and experiences other pain, they can stand and stretch in place to alleviate their pain and continue working in the standing position if desired. Similarly, if the person is standing and experiences back or other pain, they can sit down to continue their work in a sitting position if desired, in order to alleviate their pain); (3) no climbing rope, scaffolds, ladders; (4) no more than occasional exposure to temperature extremes, wetness or high humidity; (5) no more than occasional postural activity, but no climbing or crawling; (6) no more than occasional exposure to moving machinery and unprotected heights; (7) no more than frequent exposure to atmospheric irritants, such as dust, fumes, odors and gasses; (8) no overhead reaching with the bilateral upper extremities; (9) no more than occasional pushing/pulling with the bilateral upper extremities; (10) no more than occasional pushing/pulling with the bilateral lower extremities; and (11) no more than frequent fingering.8

(Id. at 88). Crediting the testimony of the vocational expert (“VE”) who testified at the hearing, the ALJ concluded that, considering Plaintiffs age, education, work experience, and RFC, there were jobs, such as ticket taker, sorter, or folding machine operator, that existed in significant numbers in the national economy which Plaintiff was capable of performing and, therefore, he was not disabled. (Id. at 92).

On March 13, 2014, Plaintiff filed a timely appeal with the Appeals Council. [444]*444(Id. at 20). On March 3, 2015, the Appeals Council denied Plaintiffs request for review and affirmed the decision of the ALJ as the final decision of the Commissioner. (Id. at 4-6). On July 24, 2015, Plaintiff filed the instant request for judicial review.

DISCUSSION

The Social Security Act provides for judicial review of any “final decision of the Commissioner of Social Security made after a hearing.” 42 U.S.C. § 405(g). The review of a Commissioner’s decision is, however, limited in scope. When reviewing an administrative decision denying social security benefits, the court must uphold any factual determination made by the ALJ that is supported by substantial evidence. Id. That is, the court’s scope of review is limited to determining whether the ALJ applied the correct legal standards and whether the record, as a whole, contains substantial evidence to support the ALJ’s findings of fact. Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir. 2005).

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Bluebook (online)
218 F. Supp. 3d 439, 2016 U.S. Dist. LEXIS 150957, 2016 WL 6442003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-colvin-paed-2016.