Thomas v. Saul
Decision Date | 04 December 2020 |
Docket Number | CIVIL ACTION NO. 1:19-00342-N |
Parties | KIMBERLY CHERISSE THOMAS, Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant. |
Court | U.S. District Court — Southern District of Alabama |
Plaintiff Kimberly Cherisse Thomas brought this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking judicial review of a final decision of the Defendant Commissioner of Social Security ("the Commissioner") denying her applications for a period of disability and disability insurance benefits (collectively, "DIB") under Title II of the Social Security Act, 42 U.S.C. § 401, et seq., and for supplemental security income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. § 1381, et seq.1 Upon due consideration of the parties' briefs (Docs. 19, 21) and those portions of the transcript of the administrative record (Docs. 11, 18-1) relevant to the issues raised, and with the benefit of oral argument, the Court finds that theCommissioner's final decision is due to be AFFIRMED.2
Thomas filed the subject DIB and SSI applications with the Social Security Administration ("SSA") on October 10, 2014. After they were initially denied, Thomas requested, and on May 4, 2016, received, a hearing before an Administrative Law Judge ("ALJ") with the SSA's Office of Disability Adjudication and Review. On April 27, 2017, the ALJ issued an unfavorable decision on Thomas's applications, finding her not disabled under the Social Security Act and therefore not entitled to benefits. (See Doc. 11, PageID.185-201). Thomas requested review of the ALJ's 2017 unfavorable decision with the Appeals Council for the Office of Disability Adjudication and Review. On February 1, 2018, the Appeals Council granted Thomas's request, vacated the ALJ's decision, and remanded the case to the ALJ, with instructions, for further proceedings. (Id., PageID.208-211).
On remand, the same ALJ held another hearing on July 2, 2018, and on September 28, 2018, issued a second unfavorable decision on Thomas's applications. (Id., PageID.53-71). The Commissioner's decision on Thomas's applications became final when the Appeals Council denied her request for review of the ALJ's 2018 unfavorable decision on May 29, 2019. (Id., PageID.46-51). Thomas subsequently brought this action under §§ 405(g) and 1383(c)(3) for judicial review of the Commissioner's final decision. See 42 U.S.C. § 1383(c)(3) (); 42 U.S.C. § 405(g) (); Ingram v. Comm'r of Soc. Sec. Admin., 496 F.3d 1253, 1262 (11th Cir. 2007) ().
' ' " Winschel v. Comm'r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011) (quoting Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004) (per curiam) (internal citation omitted) (quoting Lewis v. Callahan, 125 F.3d 1436, 1439 (11th Cir. 1997))). As the United States Supreme Court has observed, "the threshold for such evidentiary sufficiency is not high." Biestek v. Berryhill, 139 S. Ct. 1148, 1154, 203 L. Ed. 2d 504 (2019). In reviewing the Commissioner's factual findings, theCourt " 'may not decide the facts anew, reweigh the evidence, or substitute our judgment for that of the [Commissioner].' " Winschel, 631 F.3d at 1178 (quoting Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004) (alteration in original) (quoting Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983))). " 'Even if the evidence preponderates against the [Commissioner]'s factual findings, [the Court] must affirm if the decision reached is supported by substantial evidence.' " Ingram, 496 F.3d at 1260 (quoting Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990)).
Put another way, Adefemi v. Ashcroft, 386 F.3d 1022, 1029 (11th Cir. 2004) (en banc) (citations and quotation omitted).3
Bloodsworth, 703 F.2d at 1239 (citations and quotation omitted). See also Owens v. Heckler, 748 F.2d 1511, 1516 (11th Cir. 1984) (per curiam) () . "In determining whether substantial evidence exists, [a court] must...tak[e] into account evidence favorable as well as unfavorable to the [Commissioner's] decision." Chester v. Bowen, 792 F.2d 129, 131 (11th Cir. 1986).4
The "substantial evidence" MacGregor v. Bowen, 786 F.2d 1050, 1053 (11th Cir. 1986) (quotation omitted). Accord, e.g., Wiggins v. Schweiker, 679 F.2d 1387, 1389 (11th Cir. 1982) ( . This Court "conduct[s] 'an exacting examination' of these factors." Miles v. Chater, 84 F.3d 1397, 1400 (11th Cir. 1996) (per curiam) (quoting Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990)). " 'The [Commissioner]'s failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted mandates reversal.' " Ingram, 496 F.3d at 1260 (quoting Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir. 1991)). Accord Keeton v. Dep't of Health & Human Servs., 21 F.3d 1064, 1066 (11th Cir. 1994).
In sum, courts "review the Commissioner's factual findings with deference and the Commissioner's legal conclusions with close scrutiny." Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir. 2001). See also Moore v. Barnhart, 405 F.3d 1208, 1211(11th Cir. 2005) (per curiam) () . Moreover, an ALJ's decision must "state with at least some measure of clarity the grounds for [the] decision." Owens, 748 F.2d at 1516; Winschel, 631 F.3d at 1179. A court cannot "affirm simply because some rationale might have supported the [Commissioner]' conclusion[,]" as "[s]uch an approach would not advance the ends of reasoned decision making." Owens, 748 F.2d at 1516. Rather, "an agency's order must be upheld, if at all, on the same basis articulated in the order by the agency itself." Fed. Power Comm'n v. Texaco Inc., 417 U.S. 380, 397, 94 S. Ct. 2315, 41 L. Ed. 2d 141 (1974) (quotation omitted). See also Newton v. Apfel, 209 F.3d 448, 455 (5th Cir. 2000) (); Nance v. Soc. Sec. Admin., Comm'r, 781 F. App'x 912, 921 (11th Cir. 2019) (per curiam) (unpublished)5 .
Eligibility for DIB and SSI requires that a claimant be "disabled," 42 U.S.C. §§ 423(a)(1)(E), 1382(a)(1)-(2), meaning that...
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