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Terry v. Berryhill

United States District Court, N.D. Alabama, Northeastern Division

September 8, 2017

DAPHNE DENIESE TERRY, Plaintiff,
v.
NANCY A. BERRYHILL, Commissioner of the Social Security Administration, Defendant.

          MEMORANDUM OPINION

          MADELINE HUGHES HAIKALA UNITED STATES DISTRICT JUDGE

         Pursuant to 42 U.S.C. § 405(g), plaintiff Daphne Deniese Terry seeks judicial review of a final adverse decision of the Commissioner of Social Security. The Commissioner denied Ms. Terry's claim for a period of disability and disability insurance benefits. After careful review, the Court remands the Commissioner's decision.[1]

         I. PROCEDURAL HISTORY

         On June 26, 2012, Ms. Terry applied for a period of disability and disability insurance benefits. (Doc. 7-6, p. 2). Ms. Terry alleges that her disability began October 4, 2011. (Doc. 7-6, p. 2). The Commissioner initially denied Ms. Terry's claim on December 3, 2012. (Doc. 7-5, p. 3). Ms. Terry requested a hearing before an Administrative Law Judge (ALJ). (Doc. 7-5, p. 10). The ALJ issued an unfavorable decision on January 23, 2014. (Doc. 7-3, pp. 22-38). On April 27, 2015, the Appeals Council declined Ms. Terry's request for review (Doc. 7-3, p. 6), making the Commissioner's decision final and a proper candidate for this Court's judicial review. See 42 U.S.C. § 405(g).

         II. STANDARD OF REVIEW

         The scope of review in this matter is limited. “When, as in this case, the ALJ denies benefits and the Appeals Council denies review, ” the Court “review[s] the ALJ's ‘factual findings with deference' and [his] ‘legal conclusions with close scrutiny.'” Riggs v. Comm'r of Soc. Sec., 522 Fed.Appx. 509, 510-11 (11th Cir. 2013) (quoting Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir. 2001)).

         The Court must determine whether there is substantial evidence in the record to support the ALJ's factual findings. “Substantial evidence is more than a scintilla and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004). In evaluating the administrative record, the Court may not “decide the facts anew, reweigh the evidence, ” or substitute its judgment for that of the ALJ. Winschel v. Comm'r of Soc. Sec. Admin., 631 F.3d 1176, 1178 (11th Cir. 2011) (internal quotations and citation omitted). If substantial evidence supports the ALJ's factual findings, then the Court “must affirm even if the evidence preponderates against the Commissioner's findings.” Costigan v. Comm'r, Soc. Sec. Admin., 603 Fed.Appx. 783, 786 (11th Cir. 2015) (citing Crawford, 363 F.3d at 1158).

         With respect to the ALJ's legal conclusions, the Court must determine whether the ALJ applied the correct legal standards. If the Court finds an error in the ALJ's application of the law, or if the Court finds that the ALJ failed to provide sufficient reasoning to demonstrate that the ALJ conducted a proper legal analysis, then the Court must reverse the ALJ's decision. Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir. 1991).

         III. SUMMARY OF THE ALJ'S DECISION

         To determine whether a claimant has proven that she is disabled, an ALJ follows a five-step sequential evaluation process. The ALJ considers:

(1) whether the claimant is currently engaged in substantial gainful activity;
(2) whether the claimant has a severe impairment or combination of impairments;
(3) whether the impairment meets or equals the severity of the specified impairments in the Listing of Impairments;
(4) based on a residual functional capacity (“RFC”) assessment, whether the claimant can perform any of his or her past relevant work despite the impairment; and
(5) whether there are significant numbers of jobs in the national economy that the claimant can perform given the claimant's RFC, age, education, and work experience.

Winschel, 631 F.3d at 1178.

         In this case, the ALJ found that Ms. Terry has not engaged in substantial gainful activity since October 4, 2011, the alleged onset date. (Doc. 7-3, p. 27). The ALJ determined that Ms. Terry suffers from the following severe impairments: reconstructive surgery of a weight bearing joint; disorders of muscle, ligaments and fascia; fibromyalgia; degenerative disc disease; carpal tunnel syndrome; peripheral neuropathy; anxiety disorder; post-traumatic stress disorder; and affective disorders. (Doc. 7-3, p. 27). Based on a review of the medical evidence, the ALJ concluded that Ms. Terry does not have an impairment or ...


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