Young v. Apfel

40 F. App'x 157
Court of Appeals for the Sixth Circuit·Decided July 8, 2002·No. No. 01-3041·Published·Cited by 1 cases

Opinion

OPINION

ALGENON L. MARBLEY, District Judge.

Plaintiff-Appellant appeals a district court decision affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits under the Social Security Act, 42 U.S.C. § 423. The district court had original jurisdiction to review the Commissioner’s final administrative decision pursuant to 42 U.S.C. § 405(g). This Court has appellate jurisdiction over the district court’s final judgment, pursuant to 42 U.S.C. § 405(g) and 28 U.S.C. § 1291. For the following reasons, the Court AFFIRMS the denial of benefits.

I. BACKGROUND

Plaintiff-Appellant, Guy B. Young (“Young”),1 filed the first of two applications for disability insurance benefits (“DIB”) on April 16, 1982, based upon his chronic schizophrenia. This claim was granted and Young received DIB through April 1991. Effective August 1, 1991, the Social Security Administration (“the Agency”) terminated his benefits because he had been engaged in substantial gainful activity since May 1991 as a pizza deliverer. Young did not challenge this termination, but filed his second application for DIB on December 22, 1993, alleging disability since September 1991 based upon a “nervous condition.” Young’s second application was denied initially and upon re[159] consideration. On September 5, 1994, he filed a request for a de novo hearing before an administrative law judge (“ALJ”). Represented by his attorney, Kirk Roose (“Roose”), Young appeared before ALJ Patrick J. Lazzaro on March 12, 1996. On April 23, 1996, ALJ Lazzaro again denied the application because he found that Young had been engaged in substantial gainful activity. The ALJ’s decision became the Social Security Commissioner’s (“Commissioner”) final decision when the Agency’s Appeals Council denied review. Young pursued judicial review in the district court, which reversed and remanded the Commissioner’s decision, based upon a finding that there was not substantial evidence to support ALJ Lazzaro’s determination that Young was engaged in substantial gainful activity. On September 29, 1998, the Appeals Council remanded Young’s case to an ALJ for further proceedings consistent with the district court’s decision.

On February 3, 1999, a second hearing was held at which Young, again represented by Roose, appeared and testified before ALJ Robert H. Isbell. At the hearing, psychiatrist Daniel Schweid, M.D. (“Schweid”) testified as a medical expert, and Mark Anderson, M.S. (“Anderson”) testified as a vocational expert. Each also submitted written reports. On April 9, 1999, ALJ Isbell ruled that Young was not disabled and could not collect DIB. Specifically, ALJ Isbell determined that, although Young could not perform his past relevant work, there were a significant number of jobs available in the national economy that he could perform. The ALJ’s decision became the Commissioner’s final decision when the Appeals Council declined to assume jurisdiction of the case.

On September 8, 1999, Young sought judicial review pursuant to 42 U.S.C. § 405(g). On November 30, 2000, the district court adopted the magistrate judge’s report and recommendation, and affirmed the Commissioner’s final decision denying Young benefits. Young’s appeal, which was timely filed on January 8, 2001, raises two issues for our consideration: whether substantial evidence supports the ALJ’s finding that a significant number of jobs in the national economy existed that Young could perform, and whether the ALJ erred by terminating Young’s cross-examination of the vocational expert prematurely.

II. STANDARD OF REVIEW

This Court must affirm the Commissioner’s conclusions absent a determination that the Commissioner failed to apply the correct legal standards or made findings of fact unsupported by substantial evidence in the record. See 42 U.S.C. § 405(g) (“the findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive”); Preslar v. Secretary of Health and Human Servs., 14 F.3d 1107, 1110 (6th Cir. 1994). Substantial evidence is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). Thus, this Court “may not try the case de novo, nor resolve conflicts in evidence, nor decide questions of credibility.” Garner v. Heckler, 745 F.2d 383, 387 (6th Cir.1984). An ALJ’s decision is not subject to reversal simply because there is substantial evidence that would support the opposite conclusion than that reached by the ALJ. See Key v. Callahan, 109 F.3d 270, 273 (6th Cir.1997).

III. ANALYSIS

A. Was The ALJ’s Decision Supported By Substantial Evidence?

Under the Social Security Act (“the Act”), 42 U.S.C. § 423(a), an individual is [160] entitled to disability insurance benefit payments if he (1) is insured for disability insurance benefits; (2) has not attained retirement age; (3) has filed an application for disability insurance benefits; and (4) is under a disability. Since no one disputes Young’s eligibility under the first three criteria, the first issue on appeal is whether the ALJ had substantial evidence to support his determination that Young was not “under a disability.” The Act defines “disability” as:

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 12 months ....

42 U.S.C. § 423(d)(1)(A). Furthermore:

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Young v. Apfel, 40 F. App'x 157 (6th Cir. 2002).

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