United States District Court, W.D. Michigan, Southern Division
KENT, UNITED STATES MAGISTRATE JUDGE
brings this action pursuant to 42 U.S.C. § 405(g),
seeking judicial review of a final decision of the
Commissioner of the Social Security Administration
(Commissioner) which denied her claim for disability
insurance benefits (DIB) and supplemental security income
alleged a disability onset date of September 14, 2010.
PageID.347. She identified her disabling conditions as
degenerative joint disease, depression, anxiety, agoraphobia,
migraine headaches, diabetes, and comprehension problems.
PageID.352. Prior to applying for DIB and SSI, plaintiff
completed the 12th grade and had past employment as a
mechanic, telemarketer, and classified sales agent.
PageID.352-353. An administrative law judge (ALJ) reviewed
plaintiff's claim de novo and entered a written
decision denying benefits on June 30, 2015. PageID.33-47.
This decision, which was later approved by the Appeals
Council, has become the final decision of the Commissioner
and is now before the Court for review.
Court's review of the Commissioner's decision is
typically focused on determining whether the
Commissioner's findings are supported by substantial
evidence. 42 U.S.C. §405(g); McKnight v.
Sullivan, 927 F.2d 241 (6th Cir. 1990).
“Substantial evidence is more than a scintilla of
evidence but less than a preponderance; it is such relevant
evidence as a reasonable mind might accept as adequate to
support a conclusion.” Cutlip v. Secretary of
Health & Human Services, 25 F.3d 284, 286 (6th Cir.
1994). A determination of substantiality of the evidence must
be based upon the record taken as a whole. Young v.
Secretary of Health & Human Services, 925 F.2d 146
(6th Cir. 1990).
scope of this review is limited to an examination of the
record only. This Court does not review the evidence de
novo, make credibility determinations or weigh the
evidence. Brainard v. Secretary of Health & Human
Services, 889 F.2d 679, 681 (6th Cir. 1989). The fact
that the record also contains evidence which would have
supported a different conclusion does not undermine the
Commissioner's decision so long as there is substantial
support for that decision in the record. Willbanks v.
Secretary of Health & Human Services, 847 F.2d 301,
303 (6th Cir. 1988). Even if the reviewing court would
resolve the dispute differently, the Commissioner's
decision must stand if it is supported by substantial
evidence. Young, 925 F.2d at 147.
claimant must prove that he suffers from a disability in
order to be entitled to benefits. A disability is established
by showing that the claimant cannot engage in substantial
gainful activity by reason of any medically determinable
physical or mental impairment which can be expected to result
in death or which has lasted or can be expected to last for a
continuous period of not less than twelve months.
See 20 C.F.R. §§ 404.1505 and 416.905;
Abbott v. Sullivan, 905 F.2d 918, 923 (6th Cir.
1990). In applying the above standard, the Commissioner has
developed a five-step analysis:
The Social Security Act requires the Secretary to follow a
“five-step sequential process” for claims of
disability. First, plaintiff must demonstrate that she is not
currently engaged in “substantial gainful
activity” at the time she seeks disability benefits.
Second, plaintiff must show that she suffers from a
“severe impairment” in order to warrant a finding
of disability. A “severe impairment” is one which
“significantly limits . . . physical or mental ability
to do basic work activities.” Third, if plaintiff is
not performing substantial gainful activity, has a severe
impairment that is expected to last for at least twelve
months, and the impairment meets a listed impairment,
plaintiff is presumed to be disabled regardless of age,
education or work experience. Fourth, if the plaintiff's
impairment does not prevent her from doing her past relevant
work, plaintiff is not disabled. For the fifth and final
step, even if the plaintiff's impairment does prevent her
from doing her past relevant work, if other work exists in
the national economy that plaintiff can perform, plaintiff is
Heston v. Commissioner of Social Security, 245 F.3d
528, 534 (6th Cir. 2001) (citations omitted).
claimant bears the burden of proving the existence and
severity of limitations caused by her impairments and the
fact that she is precluded from performing her past relevant
work through step four. Jones v. Commissioner of Social
Security, 336 F.3d 469, 474 (6th Cir. 2003). However, at
step five of the inquiry, “the burden shifts to the
Commissioner 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. If it is determined that a
claimant is or is not disabled at any point in the evaluation
process, further review is not necessary. Mullis v.
Bowen, 861 F.2d 991, 993 (6th Cir. 1988).
federal court's standard of review for SSI cases mirrors
the standard applied in social security disability
cases.” D'Angelo v. Commissioner of Social
Security, 475 F.Supp.2d 716, 719 (W.D. Mich. 2007).
“The proper inquiry in an application for SSI benefits
is whether the plaintiff was disabled on or after her
application date.” Casey v. Secretary of Health and
Human Services, 987 F.2d 1230, 1233 (6th Cir. 1993).
claim failed at the fifth step of the evaluation. At the
first step, the ALJ found that plaintiff had not engaged in
substantial gainful activity since the alleged onset date of
September 14, 2010, and met the insured status requirements
of the Social Security Act through September 30, 2013.
PageID.36. At the second step, the ALJ found that plaintiff
had severe impairments of fibromyalgia, migraines,
degenerative joint disease with history of knee pain,
shortness of breath, obesity, anxiety/panic disorder with
agoraphobia, depression/affective disorder, gender identity
disorder secondary to congenital XXY, and personality
disorder. PageID.36. At the third step, the ALJ found that