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Lipps v. Berryhill

United States District Court, W.D. Arkansas, Texarkana Division

June 6, 2019

PATRICIA LIPPS PLAINTIFF
v.
NANCY A. BERRYHILL Acting Commissioner, Social Security Administration DEFENDANT

          MEMORANDUM OPINION

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

         Patricia Lipps, (“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 her application for Disability Insurance Benefits (“DIB”) under Title II 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. 5. 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 her application for DIB on April 28, 2015. (Tr. 10). In this application, Plaintiff alleges being disabled due to knee and hip replacement. (Tr. 153). Plaintiff alleges an onset date of March 24, 2011. Id. Her application was denied initially and again upon reconsideration. (Tr. 10).

         Plaintiff requested an administrative hearing on her denied application. (Tr. 83-84). This hearing request was granted and Plaintiff's administrative hearing was held on October 13, 2017. (Tr. 22-51). At this hearing, Plaintiff was present and was represented by counsel, Greg Giles. Id. Plaintiff and Vocational Expert (“VE”) Wilfred Roux testified at the hearing. Id. At the time of the hearing, Plaintiff was sixty (60) years old and had a GED. (Tr. 31).

         Following the hearing, on December 6, 2017, the ALJ entered an unfavorable decision denying Plaintiff's application for DIB. (Tr. 10-17). In this decision, the ALJ determined Plaintiff met the insured status requirements of the Act through March 31, 2012. (Tr. 12, Finding 1). The ALJ also determined Plaintiff had not engaged in Substantial Gainful Activity (“SGA”) from March 24, 2011, through her date last insured of March 31, 2012. (Tr. 12, Finding 2).

         The ALJ found Plaintiff had the following severe impairments: degenerative joint disease of the left knee. (Tr. 12, Finding 3). 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. 14, Finding 4).

         In this decision, the ALJ evaluated Plaintiff's subjective complaints and determined her RFC. (Tr. 14-16, Finding 5). First, the ALJ evaluated Plaintiff's subjective complaints and found her claimed limitations were not entirely credible. Id. Second, the ALJ determined Plaintiff retained the RFC to perform sedentary work except cannot crouch, crawl, kneel, climb ladders, ropes, or scaffolds; can occasionally stoop, use foot controls, and climb ramps and stairs; cannot balance on narrow or moving surfaces, but can balance occasionally on level surfaces; and cannot work in proximity to unprotected heights or dangerous moving machinery. Id.

         The ALJ then evaluated Plaintiff's Past Relevant Work (“PRW”). (Tr. 16, Finding 6). The ALJ determined Plaintiff was capable of performing her PRW as a court clerk. Id. Based upon this finding, the ALJ determined Plaintiff had not been under a disability, as defined in the Act, from March 24, 2011 through March 31, 2012. (Tr. 16, Finding 7).

         Thereafter, Plaintiff requested the Appeals Council's review of the ALJ's decision. (132-135). The Appeals Council denied this request for review. (Tr. 1-6). On June 28, 2018, Plaintiff filed the present appeal. ECF No. 1. Both Parties have filed appeal briefs. ECF Nos. 14, 15. This case is now ready for decision.

         2. Applicable Law:

         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. ...


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