United States District Court, M.D. Florida, Tampa Division
ARNOLD SANSONE UNITED STATES MAGISTRATE JUDGE.
Eubanks-Carswell seeks judicial review of a decision by the
Commissioner of Social Security (Commissioner) denying her
claim for supplemental security income (SSI) and disability
insurance benefits (DIB) under the Social Security Act, 42
U.S.C. Section 405(g). After reviewing the record, including
a transcript of the proceedings before the Administrative Law
Judge (ALJ), administrative record, pleadings, and joint
memorandum the parties submitted, the Commissioner's
decision is REMANDED for further
consideration consistent with this order.
Eubanks-Carswell applied for SSI and DIB for a disability she
claims began on November 13, 2013. (Tr.
237-46). Disability examiners denied Ms.
Eubanks-Carswell's applications initially and after
reconsideration. (Tr. 104-63). Ms. Eubanks-Carswell then
requested a hearing before an ALJ, who found Ms.
Eubanks-Carswell not disabled. (Tr. 27-37, 188).
Appeals Council denied Ms. Eubanks-Carswell's request for
review of the ALJ's decision, and the ALJ's decision
became the final decision of the Commissioner. (Tr. 1-3). Ms.
Eubanks-Carswell now seeks review of the Commissioner's
final decision. (Doc. 1).
NATURE OF DISABILITY CLAIM
Eubanks-Carswell was twenty-six years old when she submitted
her SSI and DIB applications, and she was twenty-nine years
old when the ALJ held the hearing. (Tr. 48, 237). Ms.
Eubanks-Carswell has a high school education and some
technical training as a phlebotomy technician. (Tr. 57). She
has no past relevant work. (Tr. 91). Ms. Eubanks-Carswell
claimed disability because of “bipolar, anxiety,
sciatic nerve damage, vertigo, vision, [and] colon
disease.” (Tr. 104).
Summary of the ALJ's Decision
must follow five steps when evaluating a claim for
disability.20 C.F.R. §§ 404.1520(a),
416.920(a). First, if a claimant is engaged in substantial
gainful activity,  she is not disabled. §§
404.1520(b), 416.920(b). Second, if a claimant has no
impairment or combination of impairments that significantly
limit her physical or mental ability to perform basic work
activities, then she has no severe impairment and is not
disabled. §§ 404.1520(c), 416.920(c); see
McDaniel v. Bowen, 800 F.2d 1026, 1031 (11th Cir. 1986)
(stating that step two acts as a filter and “allows
only claims based on the most trivial impairments to be
rejected”). Third, if a claimant's impairments fail
to meet or equal an impairment included in the Listings, she
is not disabled. §§ 404.1520(d), 416.920(d); 20
C.F.R. pt. 404, subpt. P, app. 1. Fourth, if a claimant's
impairments do not prevent her from performing past relevant
work, she is not disabled. 20 C.F.R. §§
404.1520(e), 416.920(e). At this fourth step, the ALJ
determines the claimant's residual functional capacity
(“RFC”). Fifth, if a claimant's impairments
(considering her RFC, age, education, and past work) do not
prevent her from performing other work that exists in the
national economy, then she is not disabled. §§
here determined Ms. Eubanks-Carswell engaged in no
substantial gainful activity since the alleged onset date.
(Tr. 29). The ALJ found Ms. Eubanks-Carswell has the
following severe impairments: “status post (s/p) right
shoulder arthroscopic repair, schizophrenia, bipolar
disorder, anxiety disorder, and post-traumatic stress
disorder (PTSD).” (Tr. 30) (citations omitted).
Nonetheless, the ALJ found Ms. Eubanks-Carswell's
impairments or combination of impairments fail to meet or
medically equal the severity of an impairment included in the
then found Ms. Eubanks-Carswell has the RFC to perform light
work with the following limitations:
[S]he is limited to frequent contact with the general public,
supervisors and co-workers. She is limited to routine,
repetitive tasks, and no semi-skilled or skilled work.
(Tr. 32). Based on these findings, the ALJ determined Ms.
Eubanks-Carswell could perform jobs that exist in significant
numbers in the national economy, specifically a housekeeping
cleaner, fast-food worker, and advertising-material
distributor. (Tr. 37). The ...