United States District Court, M.D. Alabama, Southern Division
MEMORANDUM OPINION AND ORDER
M. BORDEN UNITED STATES MAGISTRATE JUDGE
December 19, 2012, Plaintiff Dannie Lee Wilson applied for
disability insurance benefits and supplemental security
income under Titles II and XVI of the Social Security Act,
alleging a disability onset date of June 21,
2012. Wilson's applications were denied at
the initial administrative level. Wilson then requested a
hearing before an Administrative Law Judge
(“ALJ”). On May 20, 2014, the ALJ held an
administrative hearing at which Wilson appeared by closed
circuit television. On August 22, 2014, the ALJ partially
approved Wilson's applications, finding that he was
disabled as of August 16, 2014. Wilson requested a review of
the ALJ's decision concerning the disability onset date
by the Appeals Council, which denied his request on March 28,
2016. As a result, the ALJ's decision became the final
decision of the Commissioner of the Social Security
Administration (the “Commissioner”) as of March
case is now before the court for review pursuant to 42 U.S.C.
§§ 405(g) and 1383(c)(3). Under 28 U.S.C. §
636(c)(1) and Rule 73 of the Federal Rules of Civil
Procedure, the parties have consented to the full
jurisdiction of the undersigned United States Magistrate
Judge. Based on a careful review of the parties'
submissions, the relevant law, and the record as a whole, the
court concludes that the decision of the Commissioner is due
to be REVERSED and this matter REMANDED to the ALJ for
further proceedings consistent with this opinion.
STANDARD OF REVIEW
court reviews a Social Security appeal to determine whether
the Commissioner's decision “is supported by
substantial evidence and based upon proper legal
standards.” Lewis v. Callahan, 125 F.3d 1436,
1439 (11th Cir. 1997). The court will reverse the
Commissioner's decision if it is convinced that the
decision was not supported by substantial evidence or that
the proper legal standards were not applied. Carnes v.
Sullivan, 936 F.2d 1215, 1218 (11th Cir. 1991). The
court “may not decide the facts anew, reweigh the
evidence, or substitute its judgment for that of the
Commissioner, ” but rather “must defer to the
Commissioner's decision if it is supported by substantial
evidence.” Miles v. Chater, 84 F.3d 1397, 1400
(11th Cir. 1997) (citation and internal quotation marks
omitted). “Even if the evidence preponderates against
the Secretary's factual findings, [the court] must affirm
if the decision reached is supported by substantial
evidence.” Martin v. Sullivan, 894 F.2d 1520,
1529 (11th Cir. 1990). Moreover, reversal is not warranted
even if the court itself would have reached a result contrary
to that of the factfinder. See Edwards v. Sullivan,
937 F.2d 580, 584 n.3 (11th Cir. 1991).
substantial evidence standard is met “if a reasonable
person would accept the evidence in the record as adequate to
support the challenged conclusion.” Holladay v.
Bowen, 848 F.2d 1206, 1208 (11th Cir. 1988) (citing
Boyd v. Heckler, 704 F.2d 1207, 1209 (11th Cir.
1983)). The requisite evidentiary showing has been described
as “more than a scintilla, but less than a
preponderance.” Bloodsworth v. Heckler, 703
F.2d 1233, 1239 (11th Cir. 1983). The court must scrutinize
the entire record to determine the reasonableness of the
decision reached and cannot “act as [an] automaton in
reviewing the [Commissioner's] decision.” Hale
v. Bowen, 831 F.2d 1007, 1010 (11th Cir. 1987). Thus,
the court must consider evidence both favorable and
unfavorable to the Commissioner's decision. Swindle
v. Sullivan, 914 F.2d 222, 225 (11th Cir. 1990).
court will reverse the Commissioner's decision on plenary
review if the decision applies incorrect law or fails to
provide the court with sufficient reasoning to determine that
the Commissioner properly applied the law. Keeton v.
Dep't of Health & Human Servs., 21 F.3d 1064,
1066 (11th Cir. 1994). There is no presumption that the
Commissioner's conclusions of law are valid. Id.
STATUTORY AND REGULATORY FRAMEWORK
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 12 months.” 42 U.S.C. §
423(d)(1)(A); 42 U.S.C. § 416(i). 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). Wilson bears the burden of proving that he is
disabled, and he is responsible for producing evidence to
support his claim. See Ellison v. Barnhart, 355 F.3d
1272, 1276 (11th Cir. 2003).
determination of disability under the Social Security Act
requires a five-step analysis. 20 C.F.R. § 404.1520(a).
The Commissioner must determine in sequence:
(1) Is the claimant presently unable to engage in substantial
(2) Is the claimant's impairment(s) severe?
(3) Does the claimant's impairment(s) satisfy or
medically equal one of the specific impairments set forth in
20 C.F.R. Pt. 404, Subpt. P, App. 1?
(4) Is the claimant unable to perform his former occupation?
(5) Is the claimant unable to perform other work given his
residual functional capacity, age, education, ...