Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Townley v. Colvin

United States District Court, W.D. Arkansas, Fort Smith Division

December 4, 2014

RAY C. TOWNLEY, Plaintiff,
v.
CAROLYN W. COLVIN[1], Commissioner Social Security Administration, Defendant.

MEMORANDUM OPINION

JAMES R. MARSCHEWSKI, Chief Magistrate Judge.

Plaintiff, Ray Townley, brings this action under 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration (Commissioner) denying his claim for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act (hereinafter "the Act"), 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). In this judicial review, the court must determine whether there is substantial evidence in the administrative record to support the Commissioner's decision. See 42 U.S.C. § 405(g).

I. Procedural Background:

The Plaintiff filed his applications for DIB on March 29, 2010, alleging an onset date of September 12, 2009, due to post-traumatic stress disorder ("PTSD"), sleep apnea, coronary artery disease ("CAD"), and high blood pressure. Tr. 70, 122, 137. His claims were denied both initially and upon reconsideration. Tr. 67, 81. An administrative hearing was then held on December 13, 2011. Plaintiff was both present and represented at that hearing.

A the time of the administrative hearing, Plaintiff was 47 years old and possessed a general equivalency degree. Tr. 31, 32, 39, 122, 136, 138. He had past relevant work ("PRW") as an oilfield equipment mechanic and welder. Tr. 55, 149-164.

On January 31, 2012, the Administrative Law Judge ("ALJ") concluded that, although severe, Plaintiff's status-post myocardial infarction, angioplasty with stent placement, and affective mood disorder did not meet or equal any Appendix 1 listing. Tr. 26-28. The ALJ determined that Plaintiff maintained the residual functional capacity ("RFC") to perform light work, except "due to psychologically based factors claimant has some limitations but it able [sic] to perform simple and some, but not all, complex tasks in a familiar setting with occasional supervision. He can relate to others on a superficial work basis and he is able to adapt to a work situation." Tr. 28. With the assistance of a vocational expert, the ALJ concluded Plaintiff could perform work as a cafeteria attendant. Tr. 32.

Plaintiff exhausted his administrative remedies when the Appeals Council denied his request for review on August 22, 2013. Tr. 1-7. Subsequently, Plaintiff filed this action. ECF No. 1. This case is before the undersigned by consent of the parties. Both parties have filed appeal briefs, and the case is now ready for decision. ECF No. 14, 15.

The Court has reviewed the entire transcript. The complete set of facts and arguments are presented in the parties' briefs and the ALJ's opinion, and are repeated here only to the extent necessary

II. Applicable Law:

This court's role is to determine whether the Commissioner's findings are supported by substantial evidence on the record as a whole. Cox v. Astrue, 495 F.3d 614, 617 (8th Cir. 2007). Substantial evidence is less than a preponderance, but enough that a reasonable mind would find it adequate to support the Commissioner's decision. Id. "Our review extends beyond examining the record to find substantial evidence in support of the ALJ's decision; we also consider evidence in the record that fairly detracts from that decision." Id. As long as there is substantial evidence in the record to support the Commissioner's decision, the court may not reverse the decision simply because substantial evidence exists in the record to support a contrary outcome, or because the court would have decided the case differently. Haley v. Massanari, 258 F.3d 742, 747 (8th Cir. 2001). If we find it possible "to draw two inconsistent positions from the evidence, and one of those positions represents the Secretary's findings, we must affirm the decision of the Secretary." Cox, 495 F.3d at 617 (internal quotation and alteration omitted).

It is well-established that a claimant for Social Security disability benefits has the burden of proving his disability by establishing a physical or mental disability that has lasted at least one year and that prevents him from engaging in any substantial gainful activity. Pearsall v. Massanari, 274 F.3d 1211, 1217 (8th Cir. 2001); see also 42 U.S.C. § § 423(d)(1)(A), 1382c(a)(3)(A). The Act defines "physical or mental impairment" as "an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques." 42 U.S.C. § § 423(d)(3), 1382(3)(c). A plaintiff must show that his disability, not simply his impairment, has lasted for at least twelve consecutive months.

A. The Evaluation Process:

The Commissioner's regulations require him to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant has engaged in substantial gainful activity since filing his or her claim; (2) whether the claimant has a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) meet or equal an impairment in the listings; (4) whether the impairment(s) prevent the claimant from doing past relevant work; and, (5) whether the claimant is able to perform other work in the national economy given his or her age, education, and experience. See 20 C.F.R. § § 404.1520(a)-(f)(2003). Only if the final stage is reached does the fact finder consider the plaintiff's age, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.