Wilson v. Social Security Administration, Commissioner

CourtDistrict Court, N.D. Alabama
DecidedJanuary 6, 2021
Docket5:20-cv-00276
StatusUnknown

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

Bluebook
Wilson v. Social Security Administration, Commissioner, (N.D. Ala. 2021).

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION

TONY BRUCE WILSON, ) ) Plaintiff, ) ) Civil Action Number vs. ) 5:20-cv-00276-AKK ) ANDREW SAUL, Commissioner of ) Social Security, ) ) Defendant. )

MEMORANDUM OPINION Tony Bruce Wilson brings this action pursuant to Section 205(g) of the Social Security Act (“the Act”), 42 U.S.C. § 405(g), seeking review of the final adverse decision of the Commissioner of the Social Security Administration (“SSA”). Among other things, Wilson contends that the Administrative Law Judge (“ALJ”) failed to properly consider his subjective testimony, ignored parts of the record in reaching her conclusion that Wilson could perform a range of light work, and did not properly weigh opinions of a treating and examining physician. After careful review, this court finds that the ALJ applied the correct legal standards and that substantial evidence supports the ALJ’s decision. Therefore, the decision denying benefits is due to be affirmed. I. Wilson worked as a store clerk, door man, assistant manager, waiter, and in a

production plant before he stopped working at age 49 due to his alleged disability. See R. 249, 252, 262-63. Thereafter, Wilson filed applications for a period of disability and disability insurance benefits and supplemental security income,

alleging a disability onset date of June 14, 2010, which he later amended to February 8, 2017,1 due to impairments from severe depression, anxiety, chronic obstructive pulmonary disease (COPD), emphysema, HEP, back problems, potentially malignant node in the neck, severe pain in legs when walking, and dizziness. R. 44,

70, 115, 221-22, 228-36, 244. The SSA denied Wilson’s applications, R. 68, 82, 104, 110, and Wilson requested a hearing before an ALJ, R. 118. Following the hearing, the ALJ issued a decision denying Wilson’s claim. R. 10-33. Subsequently,

the Appeals Council (“AC”) denied Wilson’s request for review, rendering the ALJ’s opinion the final decision of the Commissioner. R. 1, 218; see 42 U.S.C. § 405(g). Wilson now seeks review in this court. Doc. 1. II.

In addressing the Wilson’s appeal, the issues before this court are whether the record contains substantial evidence to sustain the ALJ’s decision, see 42 U.S.C.

1 By amending his alleged onset date, Wilson dismissed his claim for a period of disability insurance benefits because the amended onset date is after his date last insured. See R. 13, 44, 69, 244. § 405(g); Lewis v. Callahan, 125 F.3d 1436, 1439 (11th Cir. 1997), and whether the ALJ applied the correct legal standards, see Stone v. Comm’r of Soc. Sec., 544 Fed.

Appx. 839, 841 (11th Cir. 2013) (citing Crawford v. Comm’r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004)). 42 U.S.C. §§ 405(g) and 1383(c) mandate that the Commissioner’s “factual findings are conclusive if supported by ‘substantial

evidence.’” Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990). Substantial evidence falls somewhere between a scintilla and a preponderance of evidence; “[i]t is such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Id. (quoting Bloodsworth, v. Heckler, 703 F.2d 1233, 1239 (11th Cir.

1983)) (other citations omitted). The district court may not reconsider the facts, reevaluate the evidence, or substitute its judgment for that of the Commissioner; instead, it must review the final

decision as a whole and determine if the decision is “reasonable and supported by substantial evidence.” See id. (citing Bloodsworth, 703 F.2d at 239). “Indeed, ‘even if the evidence preponderates against the Commissioner’s findings, [the court] must affirm if the decision reached is supported by substantial evidence.’” Henry v.

Comm’r of Soc. Sec., 802 F.3d 1264, 1267 (11th Cir. 2015) (quoting Crawford, 363 F.3d at 1158-59). While the court acknowledges that judicial review of the ALJ’s findings is limited in scope, the court’s review “does not yield automatic

affirmance.” Lamb v. Bowen, 847 F.2d 698, 701 (11th Cir. 1988). III. An individual applying for disability benefits bears the burden of proving that

he is disabled. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005). To qualify, a claimant must show “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. §§ 423(d)(1)(A), 416(i)(1)(A). Further, the impairments must be so severe that the claimant “cannot, considering [ . . . ] age, education, and work experience, engage

in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 423(d)(2)(A). A physical or mental impairment is “an impairment that results from anatomical, physiological, or psychological abnormalities which are

demonstrated by medically acceptable clinical and laboratory diagnostic techniques.” 42 U.S.C. § 423(d)(3). Determination of disability under the Act requires a five-step analysis. 20 C.F.R. §§ 404.1520(a)–(f). Specifically, the Commissioner must determine, in

sequence: (1) whether the claimant is currently unemployed;

(2) whether the claimant has a severe impairment;

(3) whether the impairment meets or equals one listed by the SSA; (4) whether the claimant is unable to perform his or her past work; and

(5) whether the claimant is unable to perform any work in the national economy.

Jones v. Apfel, 190 F.3d 1224, 1228 (11th Cir. 1999). “An affirmative answer to any of the above questions leads either to the next question, or, on steps three and five, to a finding of disability. A negative answer to any question, other than step three, leads to a determination of ‘not disabled.’” McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986) (citing 20 C.F.R. §§ 416.920(a)–(f)).

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