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.

Perry v. Colvin

United States District Court, W.D. Arkansas, Hot Springs Division

August 25, 2016

RYAN A. PERRY PLAINTIFF
v.
CAROLYN COLVIN Commissioner, Social Security Administration DEFENDANT

          MEMORANDUM OPINION

          HON. BARRY A. BRYANT, U.S. MAGISTRATE JUDGE.

         Ryan Perry (“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 applications for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under Titles II and XVI of the Act. The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 8.[1] Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this matter.

         1. Background:

         Plaintiff protectively filed his applications for DIB and SSI benefits on February 3, 2012. (Tr. 13). Plaintiff alleged being disabled due to acute respiratory disease and diabetes. (Tr. 171). Plaintiff alleged an onset date of January 20, 2012. (Tr. 13). These applications were denied initially and again upon reconsideration. (Tr. 57-61). Thereafter, Plaintiff requested an administrative hearing on his applications, and this hearing request was granted. (Tr. 75).

         An administrative hearing was held on March 10, 2014. (Tr. 30-56). At the administrative hearing, Plaintiff was present and was represented by counsel, William Kirby Mouser. Id. Plaintiff and Vocational Expert (“VE”) Charles Turner testified at this hearing. Id. On the date of this hearing, Plaintiff was twenty-six (26) years old and had a high school education. (Tr. 35-36). At the administrative hearing, Plaintiff testified he returned to work full-time on March 20, 2013, and he amended his alleged period of disability to a closed period of disability of January 20, 2012 through March 20, 2013. (Tr. 34, 38).

         On March 27, 2014, subsequent to the hearing, the ALJ entered an unfavorable decision on Plaintiff's application. (Tr. 13-24). In this decision, the ALJ determined the Plaintiff met the insured status of the Act through December 31, 2017. (Tr. 15, Finding 1). The ALJ also determined Plaintiff had not engaged in Substantial Gainful Activity (“SGA”) from January 20, 2012 through March 20, 2013. (Tr. 15, Finding 2).

         The ALJ determined Plaintiff had severe impairments of diabetes mellitus and unspecified skin lesions. (Tr. 16, Finding 3). The ALJ also determined Plaintiff's 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. 16, Finding 4)

         In this decision, the ALJ evaluated Plaintiff's subjective complaints and determined his Residual Functional Capacity (“RFC”). (Tr. 16-22, Finding 5). First, the ALJ indicated he evaluated Plaintiff's subjective complaints and found his claimed limitations were not entirely credible. Id. Second, the ALJ determined Plaintiff retained the RFC from January 20, 2012 through March 20, 2013 for sedentary work, except he cannot perform work that would expose him to hazards; require him to climb ladders, ropes or scaffolds; and expose him to extreme heat, cold, or concentrated fumes. Id.

         The ALJ evaluated Plaintiff's Past Relevant Work (“PRW”). (Tr. 22, Finding 6). The ALJ found Plaintiff was capable of performing his PRW as a data entry clerk from January 20, 2012 through March 20, 2013. Id. The ALJ, however, also determined there was other work existing in significant numbers in the national economy Plaintiff could perform. (Tr. 23-24). 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 an appointment clerk with approximately 900 such jobs in Arkansas and 95, 000 such jobs in the nation and information clerk with approximately 2, 800 such jobs in Arkansas and 600, 000 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 from January 20, 2012 through March 20, 2013. (Tr. 24, Finding 7).

         Thereafter, Plaintiff requested the Appeals Council review the ALJ's decision. (Tr. 8). See 20 C.F.R. § 404.968. The Appeals Council declined to review this unfavorable decision. (Tr. 1-4). On September 11, 2015, Plaintiff filed the present appeal. ECF No. 1. The Parties consented to the jurisdiction of this Court on October 1, 2015. ECF No. 8. Both Parties have filed appeal briefs. ECF Nos. 13, 14. 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) (2006); 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. See Cox, 160 F.3d at 1206; 20 C.F.R. ...


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.