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Reed v. Commissioner of Social Security

United States District Court, W.D. Michigan, Southern Division

April 28, 2017

ADAM REED, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant,

          OPINION

          PAUL L. MALONEY United States District Judge.

         This is a social security action brought under 42 U.S.C. § 405(g) seeking judicial review of a final decision by the Commissioner of the Social Security Administration (Commissioner) denying Plaintiff's claim for disability insurance benefits (DIB) and supplemental security income (SSI) under Titles II and XVI of the Social Security Act. Section 405(g) limits the Court to a review of the administrative record, and provides that if the Commissioner's decision is supported by substantial evidence, it shall be conclusive. The Commissioner has found that Plaintiff is not disabled within the meaning of the Act.

         STANDARD OF REVIEW

         The scope of judicial review in a social security case is limited to determining whether the Commissioner applied the proper legal standards in making her decision and whether there exists in the record substantial evidence supporting that decision. See Brainard v. Sec'y of Health & Human Servs., 889 F.2d 679, 681 (6th Cir. 1989). The Court may not conduct a de novo review of the case, resolve evidentiary conflicts, or decide questions of credibility. See Garner v. Heckler, 745 F.2d 383, 387 (6th Cir. 1984). It is the Commissioner who is charged with finding the facts relevant to an application for disability benefits, and her findings are conclusive provided they are supported by substantial evidence. See 42 U.S.C. § 405(g).

         Substantial evidence is more than a scintilla, but less than a preponderance. See Cohen v. Sec'y of Health & Human Servs., 964 F.2d 524, 528 (6th Cir. 1992) (citations omitted). It is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. See Richardson v. Perales, 402 U.S. 389, 401 (1971); Bogle v. Sullivan, 998 F.2d 342, 347 (6th Cir. 1993). In determining the substantiality of the evidence, the Court must consider the evidence on the record as a whole and take into account whatever evidence in the record fairly detracts from its weight. See Richardson v. Sec'y of Health & Human Servs., 735 F.2d 962, 963 (6th Cir. 1984). The substantial evidence standard presupposes the existence of a zone within which the decision maker can properly rule either way, without judicial interference. See Mullen v. Bowen, 800 F.2d 535, 545 (6th Cir. 1986) (citation omitted). This standard affords to the administrative decision maker considerable latitude, and indicates that a decision supported by substantial evidence will not be reversed simply because the evidence would have supported a contrary decision. See Bogle, 998 F.2d at 347; Mullen, 800 F.2d at 545.

         PROCEDURAL POSTURE

         Plaintiff was thirty-one years of age on the date of the ALJ's decision. (PageID.37, 118, 131.) He previously obtained a GED and has been employed as a material handler and as an assembler / production. (PageID.64, 68.) Plaintiff applied for benefits on December 19, 2012, alleging that he had been disabled since January 30, 2009, due to depression and severe social anxiety. (PageID.118, 131, 238-250.) This application was denied upon initial review on June 11, 2013, after which time Plaintiff requested a hearing before an ALJ. (PageID.149-174.) On September 18, 2014, Plaintiff appeared with his counsel before ALJ James Prothro for an administrative hearing at which time Plaintiff, Dr. Jeffrey Andert (a psychological expert), and a vocational expert (VE) all testified. (PageID.58-105.) On December 12, 2014, the ALJ issued his written decision, concluding that Plaintiff was not disabled. (PageID.37-57.) On March 22, 2016, the Appeals Council declined to review the ALJ's decision, making it the Commissioner's final decision in the matter. (PageID.27-32.) Plaintiff subsequently initiated this action under 42 U.S.C. § 405(g).

         ALJ'S DECISION

         The social security regulations articulate a five-step sequential process for evaluating disability. See 20 C.F.R. §§ 404.1520(a-f), 416.920(a-f).[1] If the Commissioner can make a dispositive finding at any point in the review, no further finding is required. See 20 C.F.R. §§ 404.1520(a-f), 416.920(a). The regulations also provide that if a claimant suffers from a nonexertional impairment as well as an exertional impairment, both are considered in determining the claimant's residual functional capacity (RFC). See 20 C.F.R. §§ 404.1545, 416.945.

         Plaintiff has the burden of proving the existence and severity of limitations caused by his impairments and that he is precluded from performing past relevant work through step four. Jones v. Comm'r of Soc. Sec., 336 F.3d 469, 474 (6th Cir. 2003). At step five, it is the Commissioner's burden “to identify a significant number of jobs in the economy that accommodate the claimant's residual functional capacity (determined at step four) and vocational profile.” Id.

         ALJ Prothro determined Plaintiff's claim failed at step five. At step one the ALJ found that Plaintiff had not engaged in substantial gainful activity since January 30, 2009, Plaintiff's alleged disability onset date. (PageID.42.) At step two, the ALJ found that Plaintiff suffered from the severe impairments of: (1) anxiety disorder NOS; (2) dysthymic disorder (mild depression); and (3) an adjustment disorder. (PageID.43.) At step three, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or equaled the requirements of the Listing of Impairments found in 20 C.F.R. Pt. 404, Subpt. P, App. 1. (PageID.43-47.) At step four, the ALJ determined Plaintiff retained the RFC based on all the impairments to perform:

a full range of work at all exertional levels but with the following nonexertional limitations: limited to simple work, meaning one to two step tasks; occasional public contact and he may not perform fast paced work.

(PageID.47.) Continuing with the fourth step, the ALJ determined that Plaintiff was unable to perform any of his past relevant work. (PageID.49.) At the fifth step, the ALJ questioned the VE to determine whether a significant number of jobs exist in the economy that Plaintiff could perform given his limitations. See Richardson, 735 F.2d at 964. The VE testified that Plaintiff could perform work in the following representative jobs: garment sorter (1, 150 regional and 50, 000 national positions), folder of garments (1, 200 regional and 51, 000 national positions), and sorter of agricultural products (1, 100 regional and 50, 000 national positions). (PageID.99-104.) Based on this record, the ALJ found that Plaintiff was capable of making a successful adjustment to work that exists in significant numbers in the national economy. (PageID.51.)

         Accordingly, the ALJ concluded that Plaintiff was not disabled from January 30, 2009, through December 12, 2014, the date of decision. (PageID.51.)

         DISCUSSION

         Plaintiff's sole issue for review is the ALJ's treatment of Dr. Andert's opinions from the administrative hearing and ...


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