Peterson v. Berryhill, C/A No. 2:17-cv-02107-MBS-MGB
| Decision Date | 01 February 2019 |
| Docket Number | C/A No. 2:17-cv-02107-MBS-MGB |
| Citation | 363 F.Supp.3d 651 |
| Court | U.S. District Court — District of South Carolina |
| Parties | Ronald PETERSON, Plaintiff, v. Nancy A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. |
W. Daniel Mayes, Smith Massey Brodie Thumond Guynn and Mayes, Aiken, SC, for Plaintiff.
Marshall Prince, US Attorneys Office, Columbia, SC, for Defendant.
On August 9, 2017, Plaintiff Ronald Peterson ("Plaintiff") filed the within action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of a final decision of Defendant Acting Commissioner of Social Security (the "Commissioner") denying his claim for Disability Insurance Benefits ("DIB") and for Supplemental Security Income Benefits ("SSI").
Plaintiff first filed his DIB and SSI applications on February 15, 2011, alleging disability beginning July 15, 2007. Plaintiff's application was denied initially and he did not appeal. Plaintiff filed the underlying DIB and SSI applications on July 30, 2013, again alleging disability beginning July 15, 2007. Tr. 260-263, 266-271. Plaintiff's application was denied initially, as well as on reconsideration. A hearing was held before an Administrative Law Judge ("ALJ") on March 2, 2016. Tr. 52. The ALJ issued his decision on April 8, 2016. Tr. 32. He determined that Plaintiff had medically determinable impairments of "proctalgia with irritable bowel
syndrome, rectal pain with history of congenital rectal reconstruction, constipation and diarrhea," and that these impairments could reasonably be expected to cause Plaintiff's alleged symptoms. Tr 35. However, he further determined that Plaintiff's "statements concerning the intensity, persistence and limiting effects of [Plaintiff's] symptoms [were] not entirely credible." Tr. 40. Thus, the ALJ concluded that Plaintiff was not under a disability within the meaning of the Social Security Act. Tr. 46. Plaintiff filed a request for review of the ALJ's decision, which was denied by the Appeals Council on June 13, 2017, making the ALJ's decision the "final decision" of the Commissioner. Tr. 1.
On March 14, 2018, Plaintiff filed his brief challenging the ALJ's decision on four grounds: (1) the ALJ failed to adequately explain his findings regarding Plaintiff's residual functional capacity, as required under Social Security Ruling ("SSR") 96-8p; (2) the ALJ erred in finding that Plaintiff's "decreased concentration and memory impairment
were not medically determinable impairments and subsequently fail[ed] to consider those impairments in the [residual functional capacity ("RFC") ] assessment"; (3) the "ALJ failed to properly assess the medical source opinion evidence"; and (4) the ALJ failed to properly consider Plaintiff's subjective complaints as required under SSR 16-3p. ECF No. 18 at 17, 18, 22, 27. The Commissioner filed her response to Plaintiff's brief on April 19, 2018. ECF No. 19.
In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02 (D.S.C.), this matter was referred to United States Magistrate Judge Mary Gordon Baker for a Report and Recommendation ("Report"). On October 17, 2018, the Magistrate Judge filed her Report recommending that the Commissioner's decision to deny benefits be affirmed. ECF No. 21. The Magistrate Judge addressed Plaintiff's first and fourth arguments together, on the basis that "Plaintiff's allegations of error largely center on the ALJ's treatment of Plaintiff's alleged limitations as a result of his rectal issues including constipation and diarrhea." Id. at 6. As to Plaintiff's first issue, the Magistrate Judge concluded that the "ALJ thoroughly addressed the evidence in the medical record and articulated his reasoning for why the evidence supported his finding that Plaintiff's RFC need not accommodate frequent bathroom breaks." Id. at 9. As to Plaintiff's fourth issue, the Magistrate Judge concluded that "after a thorough discussion of the record, the ALJ ultimately found Plaintiff's testimony as to the severity of his fecal urgency [ ] inconsistent with the available evidence," and that "[w]hile Plaintiff argues that there is evidence in the record to support his subjective statements regarding his fecal urgency, such reweighing of the evidence is not within the province of this Court." Id.at 12. As to Plaintiff's third argument regarding the ALJ's assessment of his treating physician's medical opinions, the Magistrate Judge concluded that the ALJ properly explained his reasons for affording the treating physician's opinion little weight and for affording the opinions of the state medical consultants great weight, and further concluded that Plaintiff has "failed to demonstrate that the ALJ's conclusions regarding the medical opinions are unsupported by substantial evidence."Id. at 15. Lastly, as to Plaintiff's contention that the ALJ failed to consider Plaintiff's decreased concentration and memory loss as medically determinable impairments, the Magistrate Judge disagreed and found that the ALJ's opinion includes an examination of the evidence relevant to those limitations. Id. at 16. Plaintiff filed objections to the Report on October 31, 2018, ECF No. 23, to which the Commissioner responded, ECF No. 24.
This matter is now before the court for review of the Magistrate Judge's Report. The court is charged with making a de novo determination of any portions of the Report to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or may recommit the matter to the Magistrate Judge with instructions. 28. U.S.C. § 636(b).
The role of the federal judiciary in the administrative scheme established by the Social Security Act is a limited one. Section 205(g) of the Act provides that "[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive...." 42 U.S.C. § 4059(g). "Substantial evidence has been defined innumerable times as more than a scintilla, but less than a preponderance." Thomas v. Celebrezze , 331 F.2d 541, 543 (4th Cir. 1964). This standard precludes a de novo review of the factual circumstances that substitutes the court's findings for those of the Commissioner. Vitek v. Finch , 438 F.2d 1157 (4th Cir. 1971). The court must uphold the Commissioner's decision as long as it is supported by substantial evidence. Blalock v. Richardson , 483 F.2d 773, 775 (4th Cir. 1972). Flack v. Cohen , 413 F.2d 278, 279 (4th Cir. 1969). "[T]he courts must not abdicate their responsibility to give careful scrutiny to the whole record to assure that there is a sound foundation for the [Commissioner's] findings, and that [her] conclusion is rational." Vitek , 438 F.2d at 1157-58.
The Commissioner's findings of fact are not binding if they were based upon the application of an improper legal standard. Coffman v. Bowen , 829 F.2d 514, 517 (4th Cir. 1987). However, the Commissioner's denial of benefits shall be reversed only if no reasonable mind could accept the record as adequate to support that determination. Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).
An individual is eligible for DIB benefits under Title II of the Social Security Act ("Act"), 42 U.S.C. §§ 401 - 33, if he is insured, has not attained retirement age, has filed an application for DIB, and is under a disability as defined in the Act. 42 U.S.C. § 423(a)(1). Under Title XVI of the Act, 42 U.S.C. §§ 1381 - 83(c), SSI benefits are available to an individual who is financially eligible, files an application for SSI, and is disabled as defined in the Act. 42 U.S.C. § 1382. An individual is determined to be under a disability only if his "physical or mental impairment
or impairmentsare of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy...." 42 U.S.C. § 423(d)(2)(A). The disabling impairment must last, or be expected to last, for at least twelve consecutive months. See Barnhart v. Walton , 535 U.S. 212, 214-15, 122 S.Ct. 1265, 152 L.Ed.2d 330 (2002). Additionally, for DIB benefits, the claimant must prove he was disabled prior to his date last insured. Bird v. Commissioner of Social Security Administration , 699 F.3d 337, 340 (4th Cir. 2012) (citing 42 U.S.C. § 423(a)(1)(A), (c)(1) ; 20 C.F.R. §§ 404.101(a), 404.131(a) ).
The Commissioner has developed the following five-step evaluation process for determining whether a claimant is disabled under the Act: (1) whether the claimant engaged in substantial gainful activity; (2) whether the claimant has a severe medically determinable impairment; (3) whether the impairment meets or equals the severity of an impairment included in the Administration's Official Listings of Impairments found at 20 C.F.R. Pt. 404, Subpt. P, App. 1 ; (4) whether the impairment prevents the claimant from performing past relevant work; and (5) whether the impairment prevents the claimant from having substantial gainful employment. 20 C.F.R. § 404.1520(a)(4)(v). Through the fourth step, the burden of production and proof is on the claimant. Grant v. Schweiker , 699 F.2d 189, 191 (4th Cir. 1983). At step five, the burden shifts to the Commissioner to produce evidence that other jobs exist in the national economy that the claimant can perform, considering the claimant's age, education, and work experience. Id. If at any step of the evaluation the ALJ can find an individual is disabled or...
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