Brady v. Apfel

• Decision Date: 16 March 1999
• Docket Number: No. 1:95-CV-1075.,1:95-CV-1075.
• Citation: 41 F.Supp.2d 659
• Parties: Barry D. BRADY v. Kenneth S. APFEL, in his capacity as Commissioner of the Social Security Administration<SMALL><SUP>1</SUP></SMALL>
• Court: U.S. District Court — Eastern District of Texas

41 F.Supp.2d 659

Barry D. BRADY v. Kenneth S. APFEL, in his capacity as Commissioner of the Social Security Administration¹

No. 1:95-CV-1075.

United States District Court, E.D. Texas, Beaumont Division.

March 16, 1999.

COPYRIGHT MATERIAL OMITTED

John Dudley Rutland, Beaumont, TX, for Barry Brady, plaintiff.

Steven MacArthur Mason, Asst. U.S., Attorney, Tyler, TX, for Shirley S. Chater, In her official capacity as Commissioner of Social Security, defendant.

MEMORANDUM OPINION ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND OVERRULING PLAINTIFF'S OBJECTIONS

HEARTFIELD, District Judge.

Pending is plaintiff's "Objections to Report and Recommendation of United States Magistrate Judge." The Court reviews de novo the portions of the magistrate judge's report to which objections are filed. See Koetting v. Thompson, 995 F.2d 37, 40 (5th Cir.1993).

I. Proceedings

The magistrate judge's report sets forth a detailed chronology of the pertinent facts of this case. (Dockt.# 20.) Plaintiff filed his application for disability benefits on June 22, 1992, alleging disability since May 11, 1992 due to broken ribs, broken bones in his arm and shoulder, and chronic back pain. (Tr. at 28-31.) The Commissioner denied plaintiff's application initially and on reconsideration. Plaintiff then requested and received a hearing before the Administrative Law Judge ("ALJ"). (Tr. at 40, 41.) On November 18, 1993, plaintiff appeared, represented by counsel. (Tr. at 143.) The plaintiff was the only witness to testify at the hearing. (Id.) The ALJ denied plaintiff's application, finding that although plaintiff's impairments were severe, he retained the residual functional capacity of that greater than required to engage in a full range of light work activity but less than that required to engage in the full range of medium work activity. (Tr. at 20.)

Plaintiff then requested Appeals Council review of the ALJ's decision. The Appeals Council denied Brady's request. (Tr. at 45.) Having exhausted all administrative remedies, plaintiff filed this appeal in federal district court.

II. The Magistrate Judge's Report and Recommendation

The magistrate judge concluded that there was no valid basis for remanding this action on due process grounds due to missing items in the record because the missing items are immaterial and of de minimis value. The magistrate judge reasoned that the 168 page administrative record is sufficiently complete to enable informed and meaningful judicial review.

Further, the magistrate judge concluded that substantial evidence supported the ALJ's finding that plaintiff could perform light work. Therefore, the magistrate judge recommended that the ALJ's decision be affirmed and the case dismissed.

III. Plaintiff's Objections

Plaintiff makes two objections to the magistrate judge's Report and Recommendation. First, the plaintiff contends that the magistrate judge's conclusion that the missing documents were immaterial was a denial of due process. Next, plaintiff states that the ALJ failed to consider his subjective assertions of pain in deciding his disability claim. Both issues were fully addressed in the magistrate judge's Report and Recommendation.

As to plaintiff's first objection, plaintiff does not contend that the magistrate judge misapplied the law. Instead, plaintiff raises the same arguments considered by the magistrate judge in his Report and Recommendation. Independent review of the evidentiary record indicates that it was sufficiently complete for this court to exercise informed judicial review. As such, plaintiff's first objection is without merit.

As to plaintiff's second objection, a review of the record indicates that the ALJ considered the evidentiary record in concluding plaintiff possesses the residual functional capacity to perform light work. Specifically, the ALJ considered plaintiff's testimony and the opinion of his medical doctors. In addition, the ALJ evaluated plaintiff's contentions of subjective pain, and articulated sound reasons for his credibility determination. As such, plaintiff's contentions have received appropriate consideration as contemplated by the Social Security Act and regulations thereunder. See 42 U.S.C. §§ 405(b), (g); 20 C.F.R. § 404.914.

Having considered this matter de novo, it is

ORDERED that the magistrate judge's report and recommendation is ADOPTED and plaintiff's objections are OVER- RULED. A separate order will be entered in accordance with the magistrate judge's recommendations.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

HINES, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff Barry D. Brady brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the Commissioner of Social Security Administration's ("Commissioner") decision denying benefits. The Commissioner found that plaintiff was not disabled and denied his application for benefits.

This case is referred to the undersigned United States Magistrate Judge for review, hearing if necessary, and submission of a report with recommended findings of fact and conclusions of law. See 28 U.S.C. § 636(b)(1)(B) and Local Rules for the Assignment of Duties to United States Magistrate Judges. Jurisdiction is invoked pursuant to 42 U.S.C. § 405(g).

II. PROCEDURAL BACKGROUND

Plaintiff filed his application for disability benefits on June 22, 1992, alleging disability since May 11, 1992 due to broken ribs, broken bones in his arm and shoulder, and chronic back pain. (Tr. at 28-31.) The Commissioner denied plaintiff's application initially and on reconsideration. Plaintiff then requested and received a hearing before the Administrative Law Judge ("ALJ"). (Tr. at 40, 41.) On November 18, 1993, plaintiff appeared, represented by counsel. (Tr. at 143.) The plaintiff was the only witness to testify at the hearing. (Id.) The ALJ denied plaintiff's application, finding that although plaintiff's impairments were severe, he retained the residual functional capacity of that greater than required to engage in a full range of light work activity but less than that required to engage in the full range of medium work activity. (Tr. at 20.)

Plaintiff then requested Appeals Council review of the ALJ's decision. The Appeals Council denied Brady's request. (Tr. at 45.) Having exhausted all administrative remedies, plaintiff filed this appeal in federal district court.

III. JUDICIAL REVIEW

The court's role is to determine whether the Commissioner applied the proper legal standards and whether the decision is supported by substantial evidence. See Leggett v. Chater, 67 F.3d 558, 564 (5th Cir.1995); Anthony v. Sullivan, 954 F.2d 289, 292 (5th Cir.1992).

Substantial evidence is more than a scintilla, but less than a preponderance, Anthony v. Sullivan, 954 F.2d 289, 292 (5th Cir.1992), it requires evidence relevant and sufficient for a reasonable mind to accept as adequate to support a conclusion. See Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); Marcello v. Bowen, 803 F.2d 851, 853 (5th Cir.1986) (citing Jones v. Heckler, 702 F.2d 616, 620 (5th Cir.1983).) The evidence must be "enough to justify, if the trial were submitted to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury." National Labor Relations Bd. v. Columbian Enameling & Stamping Co., 306 U.S. 292, 299-300, 59 S.Ct. 501, 505, 83 L.Ed. 660 (1939), cited in Harvey L. McCormick, SOCIAL SECURITY CLAIMS AND PROCEDURES § 672, at 193 & n. 1 (4th ed.1991).

To determine whether substantial evidence exists to support the ALJ's findings, the entire record must be scrutinized carefully. Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir.1994), cert. denied 514 U.S. 1120, 115 S.Ct. 1984, 131 L.Ed.2d 871 (1995); Ransom v. Heckler, 715 F.2d 989, 992 (5th Cir.1983). The court in reviewing the record should not, however, proceed to reweigh the evidence or review the ALJ's decision de novo. Haywood v. Sullivan, 888 F.2d 1463, 1466 (5th Cir.1989); Neal v. Bowen, 829 F.2d 528, 530 (5th Cir.1987). Rather, it is for the Commissioner to weigh the evidence and to resolve any conflicts. See Anthony v. Sullivan, 954 F.2d at 295; Selders v. Sullivan, 914 F.2d 614, 617 (5th Cir.1990). If supported by substantial evidence, the Commissioner's findings are conclusive and must be affirmed. Richardson, 402 U.S. at 401, 91 S.Ct. at 1427 (quoting Consolidated Edison Co., 305 U.S. at 230, 59 S.Ct. at 217); see also, 42 U.S.C. § 405(g).

In determining whether substantial evidence supports the Commissioner's decision, four elements of proof are examined: (1) objective medical facts; (2) diagnoses and opinions of treating and examining physicians; (3) claimant's subjective evidence of pain; and (4) claimant's educational background, age, and work history. Owens v. Heckler, 770 F.2d 1276, 1279 (5th Cir.1985) (citing DePaepe v. Richardson, 464 F.2d 92, 94 (5th Cir. 1972)).

IV. ELIGIBILITY FOR DISABILITY INSURANCE BENEFITS

Social security claimants bear a formidable burden of proof, "so stringent that it has been described as bordering on the unrealistic." Oldham v. Schweiker, 660 F.2d 1078, 1083 (5th Cir.1981). Proof of the existence of a serious disease or impairment alone does not establish a disability within the meaning of the Social Security Act. Thus, a showing of general disability is insufficient; a claimant must prove in addition inability to engage in any substantial gainful employment. See Herridge v. Richardson, 464 F.2d 198 (5th Cir.1972); Ratliff v. Richardson, 445 F.2d 440 (5th Cir.1971).

To qualify for disability insurance benefits, the plaintiff must meet the requirements set forth in the Social Security Act ("Act"). See 42 U.S.C. § 423(a). That is, the plaintiff must be under age 65, file an application for such benefits, and be under a disability as defined by the Act. See 42 U.S.C. §§ 416(I), 423(a). Those claiming disability...