Ferguson v. Secretary of HHS

• Decision Date: 02 February 1996
• Docket Number: No. 9:94-CV-205.,9:94-CV-205.
• Citation: 919 F. Supp. 1012
• Parties: Ester M. FERGUSON v. SECRETARY OF HHS.
• Court: U.S. District Court — Eastern District of Texas

919 F. Supp. 1012

Ester M. FERGUSON v. SECRETARY OF HHS.

No. 9:94-CV-205.

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

February 2, 1996.

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Forrest Gene Braselton, Law Offices of Forrest G. Braselton, Nacogdoches, TX, for Ester M. Ferguson.

Steven MacArthur Mason, Asst. U.S. Attorney, U.S. Attorney's Office, Tyler, TX, for Donna E. Shalala, Secretary H.H.S.

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

HEARTFIELD, District Judge.

Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Secretary of Health and Human Services denying plaintiff's application for disability insurance benefits.

The court heretofore ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The court has received and considered the Report of the United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. No objections to the Report of the United States Magistrate Judge were filed by the parties.

Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

HINES, United States Magistrate Judge.

I. Introduction

Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff's application for disability insurance benefits ("DIB"). Plaintiff claims disability due to arthritis of the hands, feet, and various joints. She contests the Commissioner's decision by asserting that the Administrative Law Judge (ALJ) erred in finding her not disabled.

This case has been referred to the undersigned United States Magistrate Judge for review, hearing if deemed necessary, and submission of a report with recommended findings and conclusions. See 28 U.S.C. § 636(b)(1)(B) and the Local Rules for the Assignment of Duties to United States Magistrate Judges. For reasons discussed below, the court should affirm the Commissioner's decision.

A. Proceedings in this Case¹

Plaintiff filed her application for disability benefits on November 18, 1992, alleging the inability to work beginning July 10, 1992. The application was denied initially and on reconsideration. Plaintiff then timely filed a request for a hearing for de novo consideration by an Administrative Law Judge. Plaintiff's request was granted, and on February 9, 1994 a hearing was held before an ALJ in Nacogdoches, Texas. Plaintiff appeared in person and testified after being informed of and voluntarily waiving her right to counsel. On May 15, 1994, the ALJ issued his decision denying benefits, and plaintiff timely filed within 60 days for review by the Appeals Council. The Appeals Council denied review of the ALJ's disposition on August 24, 1994. The decision of the ALJ therefore became the final decision of the Commissioner, and this action in the district court seeking judicial review was thereafter timely commenced.

II. Judicial Review

The limited role of the court is to determine whether the Commissioner applied the proper legal standards, and whether the Commissioner's decision is supported by substantial evidence. Anthony v. Sullivan, 954 F.2d 289, 292 (5th Cir.1992); Villa v. Sullivan, 895 F.2d 1019, 1021 (5th Cir.1990); Tamez v. Sullivan, 888 F.2d 334, 335 (5th Cir. 1989); Lovelace v. Bowen, 813 F.2d 55, 57 (5th Cir.1987). Substantial evidence is evidence which amounts to more than a scintilla but which can be less than a preponderance; it is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Marcello v. Bowen, 803 F.2d 851, 853 (5th Cir.1986) (citing Jones v. Heckler, 702 F.2d 616, 620 (5th Cir.1983)); Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).

A determination as to whether there is substantial evidence in the entire record to support the fact findings or decision of the Commissioner, as the trier of fact, does not involve reweighing the evidence or trying the issues de novo. The court is precluded from substituting its own judgment for that of the Commissioner. Neal v. Bowen, 829 F.2d 528, 530 (5th Cir.1987); Chaparro v. Bowen, 815 F.2d 1008, 1010 (5th Cir.1987); Milam v. Bowen, 782 F.2d 1284, 1286 (5th Cir.1986). The Commissioner, not the courts, has the duty to weigh the evidence, resolve material conflicts in the evidence, and make credibility choices. Carry v. Heckler, 750 F.2d 479, 482 (5th Cir.1985); Allen v. Schweiker, 642 F.2d 799, 801 (5th Cir.1981). The court's role is to "scrutinize the record in its entirety to determine whether substantial evidence supports" the Commissioner's findings. Ransom v. Heckler, 715 F.2d 989, 992 (5th Cir.1983). If supported by substantial evidence, the Commissioners findings are deemed conclusive, and the court must accept them. See Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 1422, 28 L.Ed.2d 842 (1971); (quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938)). In sum, "the role of the courts in this quintessentially administrative process is extremely narrow." Lewis v. Weinberger, 515 F.2d 584, 586 (5th Cir.1975).

Elements of proof to be weighed in determining whether substantial evidence exists include: (1) objective medical facts; (2) diagnoses and opinions of treating and examining physicians; (3) claimant's subjective evidence of pain; (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)). The central debate in this appeal involves the second and third of these elements.

III. Eligibility for Disability Insurance Benefits

To qualify for disability insurance benefits, the plaintiff must meet certain insured status requirements, be under age 65, file an application for such benefits, and be under a disability as defined by the Social Security Act. 42 U.S.C.A. §§ 416(i), 423. Those claiming disability insurance benefits under the Social Security Act have the burden of proving their disability. Demandre v. Califano, 591 F.2d 1088 (5th Cir.), cert. denied, 444 U.S. 952, 100 S.Ct. 428, 62 L.Ed.2d 323 (1979); Rhynes v. Califano, 586 F.2d 388 (5th Cir.1978); Kirkland v. Weinberger, 480 F.2d 46 (5th Cir.1973), cert. denied, 414 U.S. 913, 94 S.Ct. 255, 38 L.Ed.2d 155 (1973).

Establishment of a disability is a two-step process. First, plaintiff must prove that she suffers from a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C.A. § 423(d)(1)(A). Physical or mental impairment means "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). Second, plaintiff must prove that that impairment renders her unable to engage either in the work she previously performed or other substantial gainful employment that exists in the national economy. 42 U.S.C. § 423(d)(2).

Consequently, proof of the existence of a disease or an impairment, by itself, does not establish a disability. Plaintiff must also show preclusion from engaging in any substantial gainful employment. Herridge v. Richardson, 464 F.2d 198 (5th Cir.1972); Ratliff v. Richardson, 445 F.2d 440 (5th Cir. 1971). Title 42 U.S.C. § 423(d)(2) provides that one's physical or mental impairment must be of such severity that she is not only unable to do her previous work but cannot, considering her age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which she lives, whether a specified job vacancy exists for her, or whether she would be hired if she applied for work. Thus the social security claimant faces an extremely tough hurdle; "the burden is a heavy one, so stringent that it has been described as bordering on the unrealistic." Oldham v. Schweiker, 660 F.2d 1078, 1083 (5th Cir. 1981); Williams v. Finch, 440 F.2d 613, 615 (5th Cir.1971).

A. The Commissioner's Five-Step Sequential Evaluation Process

The regulations require a five-step sequential evaluation process for disability determinations. 20 C.F.R. § 404.1520 (1986). Plaintiff bears the burden of proof on the first four steps. Chaparro v. Bowen, 815 F.2d 1008, 1010 (5th Cir.1987); Taylor v. Bowen, 782 F.2d 1294, 1298 (5th Cir.1986); Johnson v. Heckler, 769 F.2d 1202, 1210 (7th Cir.1985), vacated on other grounds sub nom. Bowen v. Johnson, 482 U.S. 922, 107 S.Ct. 3202, 96 L.Ed.2d 690 (1987). First: Is the plaintiff currently engaging in substantial gainful activity? (If so, a finding of nondisability is required to be made and the inquiry ends.) Second: Does the plaintiff have a severe impairment or combination of impairments? (If not, a finding of nondisability is required and the inquiry ends.) Third: Does the severe impairment meet or equal those in the Listing of Impairments, 20 C.F.R. § 404 Subpart P, Appendix 1 (1986)? (If so, disability is presumed and benefits are awarded.) Fourth: Does the impairment prevent the performance of the plaintiff's regular previous employment? (If it does, then a prima facie case of disability is established and the burden of going forward with the evidence...