United States District Court, W.D. Michigan, Southern Division
S. CARMODY United States Magistrate Judge.
an action pursuant to Section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g), to review a final decision of
the Commissioner of Social Security denying Plaintiff's
claim for Disability Insurance Benefits (DIB) under Title II
of the Social Security Act. The parties have agreed to
proceed in this Court for all further proceedings, including
an order of final judgment. (ECF No. 10). 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. For the reasons stated below, the
Court concludes that the Commissioner's decision is
supported by substantial evidence. Accordingly, the
Commissioner's decision is affirmed.
Court's jurisdiction is confined to a review of the
Commissioner's decision and of the record made in the
administrative hearing process. See Willbanks v.
Sec'y of Health and Human Services, 847 F.2d 301,
303 (6th Cir. 1988). 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 and Human Services, 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).
evidence is more than a scintilla, but less than a
preponderance. See Cohen v. Sec'y of Dep't of
Health and Human Services, 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 in the record
fairly detracts from its weight. See Richardson v.
Sec'y of Health and Human Services, 735 F.2d 962,
963 (6th Cir. 1984). As has been widely recognized, 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.
was 45 years of age on his alleged disability onset date.
(PageID.140). He successfully completed high school and
previously worked as an industrial truck operator and an egg
sorter. (PageID.47, 58). Plaintiff applied for benefits on
July 23, 2013, alleging that he had been disabled since
September 15, 2009, due to heart ailments, diabetes,
hypertension, and high cholesterol. (PageID.140-41, 154).
Plaintiff's application was denied, after which time he
requested a hearing before an Administrative Law Judge (ALJ).
(PageID.76-136). On November 10, 2014, Plaintiff appeared
before ALJ James Kent with testimony being offered by
Plaintiff and a vocational expert. (PageID.55-74). In a
written decision dated January 2, 2015, the ALJ issued a
decision finding that Plaintiff was not disabled.
(PageID.40-49). The Appeals Council declined to review the
ALJ's determination, rendering it the Commissioner's
final decision in the matter. (PageID.22-26). Plaintiff
subsequently initiated this appeal pursuant to 42 U.S.C.
§ 405(g), seeking judicial review of the ALJ's
OF THE ALJ'S DECISION
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). 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), 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 his residual functional capacity.
See 20 C.F.R. §§ 404.1545, 416.945.
burden of establishing the right to benefits rests squarely
on Plaintiff's shoulders, and he can satisfy his burden
by demonstrating that his impairments are so severe that he
is unable to perform his previous work, and cannot,
considering his age, education, and work experience, perform
any other substantial gainful employment existing in
significant numbers in the national economy. See 42
U.S.C. § 423(d)(2)(A); Cohen, 964 F.2d at 528.
While the burden of proof shifts to the Commissioner at step
five, Plaintiff bears the burden of proof through step four
of the procedure, the point at which his residual functioning
capacity (RFC) is determined. See Bowen v. Yuckert,
482 U.S. 137, 146 n.5 (1987); Walters v. Comm'r of
Soc. Sec., 127 F.3d 525, 528 (6th Cir. 1997) (ALJ
determines RFC at step four, at which point claimant bears
the burden of proof).
determined that Plaintiff suffers from: (1) diabetes; (2)
obesity; (3) high blood pressure; (4) history of nonischemic
cardiomyopathy and ventricular tachycardia; (5) status post
pacemaker implantation; (6) calcaneal spurs; and (7) minor
degenerative changes, lumbar spine, severe impairments that
whether considered alone or in combination with other
impairments, failed to satisfy the requirements of any
impairment identified in the Listing of Impairments detailed
in 20 C.F.R., Part 404, Subpart P, Appendix 1.
respect to Plaintiff's residual functional capacity, the
ALJ determined that Plaintiff retained the capacity to
perform light work subject to the following limitations: (1)
he can lift 10 pounds frequently and 20 pounds occasionally;
(2) during an 8-hour workday, he can sit and stand/walk for 6
hours each; (3) he can occasionally stoop, crawl, crouch,
kneel, balance, and climb ladders, ropes, scaffolds, ramps,
and stairs; (4) he must avoid concentrated exposure to cold,
heat, humidity, and environmental irritants. (PageID.45).
administrative hearing, a vocational expert testified that
Plaintiff, even if limited to this extent, could still
perform his past relevant work as an egg sorter.
(PageID.71-72). The vocational expert also testified that
there existed approximately 400, 000 jobs nationwide which
Plaintiff could perform consistent with his RFC.
(PageID.72-73). Accordingly, the ALJ concluded that Plaintiff
was not disabled.
The ALJ Properly Evaluated ...