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Turner v. Colvin

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

May 18, 2016

BUDDY LAFAYE TURNER, Plaintiff,
v.
CAROLYN W. COLVIN Commissioner, Social Security Administration, Defendant.

          REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

          BARRY A. BRYANT, Magistrate Judge.

         Buddy Lafaye Turner ("Plaintiff") brings this action pursuant to § 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. § 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying his application for Supplemental Security Income ("SSI") and a period of disability under Title XVI of the Act.

         Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) (2009), the Honorable P. K. Holmes, III referred this case to this Court for the purpose of making a report and recommendation. In accordance with that referral, and after reviewing the arguments in this case, this Court recommends Plaintiff's case be REVERSED AND REMANDED.

         1. Background:

         Plaintiff protectively filed his disability application on April 19, 2012. (Tr. 41, 227-233). In this application, Plaintiff alleges being disabled due to arthritis, sclerosis, heart disease, and degenerative disc disease. (Tr. 266). Plaintiff alleged an onset date of September 23, 2008. (Tr. 227). This application was denied initially and again upon reconsideration. (Tr. 41).

         Plaintiff requested an administrative hearing on January 2, 2013. (Tr. 178). This hearing request was granted and Plaintiff's administrative hearing was held on June 19, 2013. (Tr. 111-152). At this hearing, Plaintiff was present and was represented by Jim Carafagno. Id. Plaintiff and Vocational Expert ("VE") Debra Arlene Steele testified at this hearing. Id. At this hearing, Plaintiff testified he was fifty-one (51) years old, which is defined as a "person closely approaching advanced age" under 20 C.F.R. § 404.1563(d) (2008) (DIB) and 20 C.F.R. § 416.963(d) (2008) (SSI). (Tr. 120). As for his education, Plaintiff testified he went through the seventh grade. (Tr. 122).

         On December 4, 2013, the ALJ entered an unfavorable decision denying Plaintiff's application. (Tr. 41-52). In this decision, the ALJ found Plaintiff had not engaged in substantial gainful activity ("SGA") since April 19, 2012. (Tr. 43, Finding 1). The ALJ also found Plaintiff had the following severe impairments: a musculoskeletal disorder-back disorder, cervical and lumbar degenerative disc disease (DDD), and a mental disorder-borderline intellectual functioning. (Tr. 43, Finding 2). Despite being severe, the ALJ determined those impairments did not meet or medically equal the requirements of any of the Listings of Impairments in Appendix 1 to Subpart P of Regulations No. 4 ("Listings"). (Tr. 44, Finding 3).

         In this decision, the ALJ evaluated Plaintiff's subjective complaints and determined his RFC. (Tr. 46-51, Finding 4). First, the ALJ evaluated Plaintiff's subjective complaints and found his claimed limitations were not entirely credible. Id. Second, the ALJ determined Plaintiff retained the RFC to perform medium work, can lift or carry up to 25 pounds frequently, 50 pounds occasionally; can sit for up to 6 hours in an 8-hour workday; and stand or walk for up to 6 hours in an 8-hour workday; can occasionally reach overhead bilaterally; is restricted to simple, routine, and repetitive tasks that involved only simple work-related decisions with few, if any, workplace changes and no more than incidental contact with coworkers, supervisors, and the general public. (Tr. 46, Finding 4).

         The ALJ evaluated Plaintiff's Past Relevant Work ("PRW"). (Tr. 51, Finding 5). The ALJ found Plaintiff was unable to perform his PRW. Id. The ALJ, however, also determined there was other work existing in significant numbers in the national economy Plaintiff could perform. (Tr. 51, Finding 9). The ALJ based his determination upon the testimony of the VE. Id. Specifically, the VE testified that given all Plaintiff's vocational factors, a hypothetical individual would be able to perform the requirements of a representative occupation such as a store laborer with 2, 548 such jobs in Arkansas and 96, 653 such jobs in the nation, and industrial cleaner with 9, 429 such jobs in Arkansas and 1, 160, 237 such jobs in the nation. Id. Based upon this finding, the ALJ determined Plaintiff had not been under a disability as defined by the Act since April 19, 2012. (Tr. 52, Finding 10).

         Thereafter, Plaintiff requested the Appeals Council's review of the ALJ's unfavorable decision. (Tr. 36). On April 20, 2015, the Appeals Council denied this request for review. (Tr. 1-4). On June 15, 2015, Plaintiff filed the present appeal. ECF No. 1. Both Parties have filed appeal briefs. ECF Nos. 9, 10. This case is now ready for decision.

         2. Applicable Law:

         In reviewing this case, this Court is required to determine whether the Commissioner's findings are supported by substantial evidence on the record as a whole. See 42 U.S.C. § 405(g) (2010); Ramirez v. Barnhart, 292 F.3d 576, 583 (8th Cir. 2002). Substantial evidence is less than a preponderance of the evidence, but it is enough that a reasonable mind would find it adequate to support the Commissioner's decision. See Johnson v. Apfel, 240 F.3d 1145, 1147 (8th Cir. 2001). As long as there is substantial evidence in the record that supports the Commissioner's decision, the Court may not reverse it simply because substantial evidence exists in the record that would have supported a contrary outcome or because the Court would have decided the case differently. See Haley v. Massanari, 258 F.3d 742, 747 (8th Cir. 2001). If, after reviewing the record, it is possible to draw two inconsistent positions from the evidence and one of those positions represents the findings of the ALJ, the decision of the ALJ must be affirmed. See Young v. Apfel, 221 F.3d 1065, 1068 (8th Cir. 2000).

         It is well-established that a claimant for Social Security disability benefits has the burden of proving his or her disability by establishing a physical or mental disability that lasted at least one year and that prevents him or her from engaging in any substantial gainful activity. See Cox v. Apfel, 160 F.3d 1203, 1206 (8th Cir. 1998); 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). The Act defines a "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 or her disability, not simply his or her impairment, has lasted for at least twelve consecutive months. See 42 U.S.C. § 423(d)(1)(A).

         To determine whether the adult claimant suffers from a disability, the Commissioner uses the familiar five-step sequential evaluation. He determines: (1) whether the claimant is presently engaged in a "substantial gainful activity"; (2) whether the claimant has a severe impairment that significantly limits the claimant's physical or mental ability to perform basic work activities; (3) whether the claimant has an impairment that meets or equals a presumptively disabling impairment listed in the regulations (if so, the claimant is disabled without regard to age, education, and work experience); (4) whether the claimant has the Residual Functional Capacity (RFC) to perform his or her past relevant work; and (5) if the claimant cannot perform the past work, the burden shifts to the Commissioner to prove that there are other jobs in the national economy that the claimant can perform. SeeCox, 160 F.3d at 1206; 20 C.F.R. ...


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