Yearling v. Colvin

292 F. Supp. 3d 515
CourtDistrict Court, District of Columbia
DecidedNovember 9, 2017
DocketCivil Action No. 16–11155–NMG
StatusPublished
Cited by13 cases

This text of 292 F. Supp. 3d 515 (Yearling v. Colvin) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yearling v. Colvin, 292 F. Supp. 3d 515 (D.D.C. 2017).

Opinion

GORTON, J.

Lyle Yearling ("Yearling" or "plaintiff") filed this action appealing the denial of his application for disability benefits against Carolyn W. Colvin, Acting Commissioner of the Social Security Administration ("the Commissioner" or "defendant"). He claims he was improperly denied Supplemental Security Income ("SSI") because the presiding Administrative Law Judge ("ALJ") failed to consider valid medical evidence and substituted his own lay knowledge for information on the record. On April 3, 2017, plaintiff's attorney filed a motion for an order reversing the decision of the Commissioner. Also pending before the Court is defendant's motion to affirm. For the reasons that follow, the motion to reverse will be denied and the motion to affirm will be allowed.

*517I.Background

A. Employment History and Alleged Disability

Yearling was born on October 25, 1986. He alleges that he suffers from Osgood-Schlatter disease, severe bipolar disorder, panic disorder, generalized anxiety disorder and attention deficit disorder. He also notes a history of special education in school, physical abuse, violent outbursts, incarceration and treatment for ADHD and the other disorders from which he suffers. Yearling lacks any substantial work experience.

Yearling was incarcerated from June, 2013 through November, 2014. He contends that during his incarceration he met regularly with a psychiatrist who prescribed for him medicine for symptoms relating to his anti-social personality disorder, anxiety and difficulty sleeping. Following his release, Yearling met his primary care physician, Lakshmi Sivasankar, who prescribed pain medication for symptoms relating to Osgood-Schlatter disease. Dr. Sivasankar also referred him to a behavioral health specialist for further treatment of his psychiatric conditions.

Yearling saw several doctors for his various infirmities leading up to his application for SSI benefits. In August, 2015, psychologist Daniel R. Morocco evaluated Yearling and administered an IQ test. Yearling's full scale IQ measured 60, and Dr. Morocco diagnosed Yearling with a mild intellectual disability.

In January, 2016, psychiatrist William J. Meehan evaluated Yearling and concluded he would be unable to complete a normal work day. The same month, Dr. Sivasankar evaluated Yearling and determined that, due to Yearling's physical symptoms, he would be incapable of even low stress jobs and would require many unscheduled breaks.

Yearling asserts that because of his physical and mental health problems he cannot be gainfully employed and that seeking treatment has not helped.

B. Procedural Background

On December 1, 2014, plaintiff filed an application for SSI benefits under Title XVI of the Social Security Act ("the Act") in which he alleges that he is disabled because of the ailments described above. The Social Security Administration ("SSA") denied his claim in April, 2015. In July, 2015, the SSA reconsidered and denied plaintiff's claim again. Plaintiff subsequently filed a request for a hearing which was held before ALJ John Benson in January, 2016. Plaintiff was represented by counsel. In February, 2016, the ALJ denied plaintiff's claim, finding that plaintiff was not disabled as that term is defined by 42 U.S.C. § 404.1505(a) of the Act.

Plaintiff filed a timely request for review with the Appeals Council. That request was denied in April, 2016, rendering the ALJ's determination a final decision subject to judicial review. See Da Rosa v. Sec'y of Health & Human Servs., 803 F.2d 24, 25 (1st Cir. 1986).

Plaintiff filed his complaint with this Court in June, 2016. The Commissioner filed a motion to dismiss for failure to state a claim upon which relief can be granted in September, 2016. That motion was denied in November, 2016. Plaintiff filed a motion to reverse the Commissioner's decision in April, 2017. The Commissioner filed a motion to affirm in June, 2017. Both motions are the subject of this memorandum.

II.Defendant's Motions to Dismiss

A. Legal Standard

To obtain benefits under § 1602 of the Act, 42 U.S.C. § 1381a, an individual must demonstrate that he is unable

*518to 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) & 1382c(a)(3)(A). The impairment must be of such severity that the claimant is not only unable to continue his previous work but also unable to engage in other kinds of substantial work that exist in the national economy fitting his age, education and work experience. 42 U.S.C. § 423(d)(2)(A).

The Act gives United States District Courts ("District Courts") the power to affirm, modify or reverse an ALJ's decision or to remand the case for a rehearing. 42 U.S.C. § 405(g). A District Court's review of an ALJ decision is not, however, de novo. See Lizotte v. Sec'y of Health & Human Servs., 654 F.2d 127, 128 (1st Cir. 1981). The Act provides that the findings of the Commissioner are conclusive if 1) they are "supported by substantial evidence" and 2) the Commissioner has applied the correct legal standard. See 42 U.S.C. § 405(g) ; Seavey v. Barhart, 276 F.3d 1, 9 (1st Cir. 2001).

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292 F. Supp. 3d 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yearling-v-colvin-dcd-2017.