Yarberough v. Colvin
| Decision Date | 21 May 2015 |
| Docket Number | No. CV-14-00870-PHX-ESW,CV-14-00870-PHX-ESW |
| Parties | Mary Louise Yarberough, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security Defendant. |
| Court | U.S. District Court — District of Arizona |
Pending before the Court is Plaintiff Mary Louise Yarberough's ("Plaintiff") appeal of the Social Security Administration's ("Social Security") denial of her claim for disability insurance benefits. Plaintiff filed her Title II Social Security Disability Insurance ("SSDI") application on March 15, 2008. Plaintiff alleges disability beginning February 24, 2004.
This Court has jurisdiction to decide Plaintiff's appeal pursuant to 42 U.S.C. § 405(g). Under 42 U.S.C. § 405(g), the Court has the power to enter, based upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the case for a rehearing. Both parties have consented to the exercise of U.S. Magistrate Judge jurisdiction.1 (Doc. 9). After reviewing the Administrative Record ("A.R."), Plaintiff'sOpening Brief (Doc. 13), Defendant's Response Brief (Doc. 14), and Plaintiff's Reply (Doc. 15), the Court finds that the Administrative Law Judge's ("ALJ") decision is supported by substantial evidence and is free of harmful legal error. The decision is therefore affirmed.
The Social Security Act provides for disability insurance benefits to those who have contributed to the Social Security program and who suffer from a physical or mental disability. 42 U.S.C. § 423(a)(1). To be eligible for benefits, the claimant must show that he or she suffers from a medically determinable physical or mental impairment that prohibits him or her from engaging in any substantial gainful activity. The claimant must also show that the impairment is expected to cause death or last for a continuous period of at least 12 months. 42 U.S.C. § 423(d)(1)(A).
To decide if a claimant is entitled to Social Security benefits, an ALJ conducts an analysis consisting of five questions, which are considered in sequential steps. 20 C.F.R. § 404.1520(a). The claimant has the burden of proof regarding the first four steps:2
If the analysis proceeds to the final question, the burden of proof shifts to the Commissioner:3
Step Five: Can the claimant perform other work in the national economy in light of his or her age, education, and work experience? The claimant is entitled to disability benefits only if he or she is unable to perform other work. 20 C.F.R. § 404.1520(g). Social Security is responsible for providing evidence that demonstrates that other work exists in significant numbers in the national economy that the claimant can do, given the claimant's residual functional capacity, age, education, and work experience. Id.
The Court must affirm an ALJ's decision if it is supported by substantial evidence and is based on correct legal standards. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir. 2012); Marcia v. Sullivan, 900 F.2d 172, 174 (9th Cir. 1990). Although "substantial evidence" is less than a preponderance, it is more than a "mere scintilla." Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consolidated Edison v. NLRB, 305 U.S. 197, 229 (1938)). It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id.
In determining whether substantial evidence supports the ALJ's decision, the Court considers the record as a whole, weighing both the evidence that supports anddetracts from the ALJ's conclusions. Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 1998); Tylitzki v. Shalala, 999 F.2d 1411, 1413 (9th Cir. 1993). If there is sufficient evidence to support the ALJ's determination, the Court cannot substitute its own determination. See Morgan v. Comm'r of the Social Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999) (); Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989). This is because the ALJ, not the Court, is responsible for resolving conflicts, ambiguity, and determining credibility. Magallanes, 881 F.2d at 750; see also Andrews, 53 F.3d at 1039.
The Court must also consider the harmless error doctrine when reviewing an ALJ's decision. This doctrine provides that an ALJ's decision need not be remanded or reversed if it is clear from the record that the error is "inconsequential to the ultimate nondisability determination." Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008) (citations omitted); Molina, 674 F.3d at 1115 () (citations omitted).
Plaintiff, who was born in 1953, is high school educated and has experience working as a truck driver. (A.R. 279, 283, 288). Plaintiff alleges that on February 24, 2004, she became unable to work due to the following six impairments: (i) bulging disc; (ii) degenerative disc disease; (iii) lumbar spine impairment; (iv) bladder impairment; (v) depression; and (vi) torn cartilage in her left shoulder. (A.R. 282).
Plaintiff filed her initial SSDI benefit application on March 15, 2008. (A.R. 262-63). Social Security denied the application on May 28, 2008. (A.R. 156). On January 15, 2009, upon Plaintiff's request for reconsideration, Social Security affirmed the denial of Plaintiff's application. (A.R. 160). Thereafter, Plaintiff requested a hearing before an ALJ. (A.R. 163). The ALJ held a hearing on February 17, 2010. (A.R. 65). Avocational expert ("VE") did not testify at the hearing. Instead, the ALJ submitted interrogatories to the VE. In her May 26, 2010 decision, the ALJ determined that Plaintiff is not disabled. (A.R. 131-49). Upon Plaintiff's request for review, the Appeals Council found that the ALJ improperly failed to allow Plaintiff the opportunity to cross-examine the VE. The Appeals Council vacated the ALJ's decision and remanded the case for further proceedings. (A.R. 151).
The ALJ held another hearing on March 12, 2012. (A.R. 94). The VE was present at the hearing, and was cross-examined by Plaintiff's attorney. (A.R. 124). In her December 17, 2013 decision, the ALJ again found that Plaintiff was not disabled. (A.R. 32). The Appeals Council denied Plaintiff's request for review, making the ALJ's decision the final decision of the Social Security Commissioner. (A.R. 1-6). On April 24, 2014, Plaintiff filed a Complaint (Doc. 1) pursuant to 42 U.S.C. § 405(g) requesting judicial review and reversal of the ALJ's decision.
The ALJ completed all five steps of the disability analysis before finding that Plaintiff is not disabled and entitled to disability benefits.
The ALJ determined that Plaintiff has not engaged in substantial gainful activity since the alleged onset date of February 24, 2004 through the date last insured of December 31, 2009. (A.R. 22). Neither party disputes this determination.
The ALJ found that Plaintiff has the following three impairments: (i) "status post left shoulder surgeries"; (ii) back disorder; and (iii) shoulder pain. (A.R. 22). The ALJ's determination at this step is undisputed.
The ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled an impairment listed in 20 C.F.R. Part 404,Subpart P, Appendix 1 of the Social Security regulations. (A.R. 27). This finding is undisputed.
The ALJ assessed Plaintiff's residual functional capacity ("RFC") as follows:
[Plaintiff can] occasionally lift and/or carry 20 pounds; frequently lift and/or carry 10 pounds; stand and/or walk for about six hours in an eight-hour workday; sit (with normal breaks) for a total of about six hours in an eight-hour workday; she is precluded from prolonged sitting; push and/or pull is limited in upper and lower extremities, the claimant should avoid forceful pushing and pulling; she can occasionally climb ramps and stairs; should never climb ladders, ropes or scaffolds; she cannot climb off and on trucks; she can frequently balance, stoop and kneel; she is precluded from repeated bending...
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