United States District Court, N.D. Alabama, Middle Division
ABDUL K. KALLON, District Judge.
Plaintiff Cody Fain brings this action pursuant to Section 205(g) of the Social Security Act ("the Act"), 42 U.S.C. § 405(g), seeking review of the adverse decision of the Administrative Law Judge ("ALJ"), which has become the final decision of the Commissioner of the Social Security Administration ("SSA"). For the reasons stated below, by failing to consider the opinion of Fain's treating physician, Dr. E. V. Colvin, the ALJ failed to apply proper legal standards when considering Fain's claim. Therefore, the Commissioner's decision is remanded for further proceedings consistent with this opinion.
I. Procedural History
Fain filed his application for Title XVI Supplemental Security Income,  (R. 125-131), on January 26, 2011, alleging a disability onset date of January 5, 2004, (R. 125), due to a heart condition, back problems, three open heart surgeries, and "both ears cut off, " (R. 155). After the SSA denied his application on May 26, 2011, (R. 56-60), Fain requested a hearing, (R. 65-67). At the time of the hearing on September 10, 2012, Fain was twenty years old and had an eleventh-grade education. (R. 35). Although the record indicates Fain performed some work for his family's logging business, id., the ALJ determined that Fain had no past relevant work, (R. 24, 46). Fain has not engaged in substantial gainful activity since January 26, 2011, his application date. (R. 14).
The ALJ denied Fain's claim on November 19, 2012, (R. 15-29), which became the final decision of the Commissioner when the Appeals Council refused to grant review on March 11, 2014, (R. 1-6). Fain then filed this action pursuant to section 1631 of the Act, 42 U.S.C. § 1383(c)(3). Doc. 1.
II. Standard of Review
The only issues before this court are whether the record contains substantial evidence to sustain the ALJ's decision, see 42 U.S.C. § 405(g); Walden v. Schweiker, 672 F.2d 835, 838 (11th Cir. 1982), and whether the ALJ applied the correct legal standards, see Lamb v. Bowen, 847 F.2d 698, 701 (11th Cir. 1988); Chester v. Bowen, 792 F.2d 129, 131 (11th Cir. 1986). Title 42 U.S.C. §§ 405(g) and 1383(c) mandate that the Commissioner's "factual findings are conclusive if supported by substantial evidence.'" Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990). The district court may not reconsider the facts, reevaluate the evidence, or substitute its judgment for that of the Commissioner; instead, it must review the final decision as a whole and determine if the decision is "reasonable and supported by substantial evidence." See id. (citing Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983)).
Substantial evidence falls somewhere between a scintilla and a preponderance of evidence; "[i]t is such relevant evidence as a reasonable person would accept as adequate to support a conclusion." Martin, 849 F.2d at 1529 (quoting Bloodsworth, 703 F.2d at 1239) (other citations omitted). If supported by substantial evidence, the court must affirm the Commissioner's factual findings even if the preponderance of the evidence is against the Commissioner's findings. See Martin, 894 F.2d at 1529. While the court acknowledges that judicial review of the ALJ's findings is limited in scope, it notes that the review "does not yield automatic affirmance." Lamb, 847 F.2d at 701.
III. Statutory and Regulatory Framework
To qualify for disability benefits, a claimant must show "the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months." 42 U.S.C. § 423(d)(1)(A); 42 U.S.C. § 416(i)(I)(A). A physical or mental impairment is "an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrated by medically acceptable clinical and laboratory diagnostic techniques." 42 U.S.C. § 423(d)(3).
Determination of disability under the Act requires a five step analysis. 20 C.F.R. § 404.1520(a)-(f). Specifically, the Commissioner must determine in sequence:
(1) whether the claimant is currently unemployed;
(2) whether the claimant has a severe impairment;
(3) whether the impairment meets or equals one listed by ...