Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gowins v. Saul

United States District Court, M.D. Florida, Tampa Division

September 20, 2019

BENNITA GOWINS, Plaintiff,
v.
ANDREW M. SAUL, [1]Commissioner of the Social Security Administration, Defendant.

          ORDER

          SEAN P. FLYNN UNITED STATES MAGISTRATE JUDGE

         Plaintiff seeks judicial review of the denial of her claim for disability insurance benefits (“DIB”) and Supplemental Security Income (“SSI”). As the Administrative Law Judge’s (“ALJ”) decision was based on substantial evidence and employed proper legal standards, the Commissioner’s decision is affirmed.

         PROCEDURAL BACKGROUND

         Plaintiff applied for DIB and SSI on May 15, 2014 (Tr. 125–26, 244–56). T h e Commissioner denied Plaintiff’s claims both initially and upon reconsideration (Tr. 166– 71, 175–86). The ALJ held a hearing at which Plaintiff appeared and testified (Tr. 58– 93). Following the hearing, the ALJ issued an unfavorable decision finding Plaintiff not disabled and, accordingly, denied Plaintiff’s claim for benefits (Tr. 34–57). Subsequently, Plaintiff requested review from the Appeals Council, which was denied (Tr. 4–10). Plaintiff then timely filed a complaint with this Court (Doc. 1). The case is now ripe for review under 42 U.S.C. §§ 405(g), 1383(c)(3).

         FACTUAL BACKGROUND AND THE ALJ’S DECISION

         Plaintiff, who was born in 1974, claimed disability beginning November 8, 2012 (Tr. 125–26, 244–49, 250–56). Plaintiff obtained a high school education (Tr. 280). Plaintiff’s past relevant work experience included work as a nurse’s assistant (Tr. 79 –80). Plaintiff alleged disability due to cerebral palsy with a leg length discrepancy, osteopenia, migraine headaches, history of esotropia with a status post eye surgery, mental problems, hallucinations, bi-polar disorder, anxiety, depression, allergies, and high cholesterol (Tr. 61, 279).

         In rendering the administrative decision, the ALJ concluded that Plaintiff met the insured status requirements through December 31, 2014, and had not engaged in subst antial gainf ul act iv it y sinc e November 8, 2012, the alleged onset date (Tr. 38). After conducting a hearing and reviewing the evidence of record, the ALJ determined Plaintiff had the following severe impairments: cervical spondylosis, cerebral palsy, leg length discrepancy, osteopenia, bilateral hand arthralgias, migraine headaches, costochondritis, history of esotropia, status post eye surgery, major depressive disorder, and anxiety disorder (Tr. 40). Notwithstanding the noted impairments, the ALJ determined Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (Tr. 42). The ALJ then concluded that Plaintiff retained a residual functional capacity (“RFC”) to perform a range of sedentary work, with some exertional and non-exertional limitations (Tr. 42). In formulating Plaintiff’s RFC, the ALJ considered Plaintiff’s subjective complaints and determined that, although the evidence established the presence of underlying impairments that reasonably could be expected to produce the symptoms alleged, Plaintiff’s statements as to the intensity, persistence, and limiting effects of symptoms were not entirely consistent with the objective medical evidence (Tr. 43–44).

         Considering Plaintiff’s noted impairments and the assessment of a vocational expert (“VE”), the ALJ determined Plaintiff could not perform any past relevant work (Tr. 50). Given Plaintiff’s background and RFC, the VE testified that Plaintiff could perform other jobs existing in significant numbers in the national economy, such as a document preparer, a pari-mutuel ticket checker, and a final assembler (Tr. 50–51). Based on Plaintiff’s age, education, work experience, RFC, and the testimony of the VE, the ALJ found Plaintiff not disabled (Tr. 52).

         LEGAL STANDARD

         To be entitled to benefits, a claimant must be disabled, meaning he or she must be unable to engage in any 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. 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). A “physical or mental impairment” is 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), 1382c(a)(3)(D).

         The Social Security Administration, in order to regularize the adjudicative process, promulgated the detailed regulations currently in effect. These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. If an individual is found disabled at any point in the sequential review, further inquiry is unnecessary. 20 C.F.R. §§ 404.1520(a), 416.920(a). Under this process, the ALJ must determine, in sequence, the following: whether the claimant is currently engaged in substantial gainful activity; whether the claimant has a severe impairment, i.e., one that significantly limits the ability to perform work-related functions; whether the severe impairment meets or equals the medical criteria of 20 C.F.R. Part 404 Subpart P, Appendix 1; and whether the claimant can perform his or her past relevant work. If the claimant cannot perform the tasks required of his or her prior work, step five of the evaluation requires the ALJ to decide if the claimant can do other work in the national economy in view of his or her age, education, and work experience. 20 C.F.R. §§ 404.1520(a), 416.920(a). A claimant is entitled to benefits only if unable to perform other work. Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987); 20 C.F.R. §§ 404.1520(g), 416.920(g).

         A determination by the Commissioner that a claimant is not disabled must be upheld if it is supported by substantial evidence and comports with applicable legal standards. See 42 U.S.C. §§ 405(g), 1383(c)(3). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938) (internal quotation marks omitted)); Miles v. Chater, 84 F.3d 1397, 1400 (11th Cir. 1996). While the court reviews the Commissioner’s decision with deference to the factual findings, no such deference is given to the legal conclusions. Keeton v. Dep’t of Health & Human Servs., 21 F.3d 1064, 1066 (11th Cir. 1994) (citations omitted).

         In reviewing the Commissioner’s decision, the court may not re-weigh the evidence or substitute its own judgment for that of the ALJ even if it finds that the evidence preponderates against the ALJ’s decision. Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). The Commissioner’s failure to apply the correct law, or to give the reviewing court sufficient reasoning for determining that he or she has conducted the proper legal analysis, m andates rev ersal. K eeto n , 21 F.3d at 1066. The scope of review is thus limited to determining whether the findings of the Commissioner are ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.