United States District Court, N.D. Alabama, Western Division
MEMORANDUM OF OPINION
Scott Coogler United States District Judge
plaintiff, Charles Sturdivant, appeals from the decision of
the Commissioner of the Social Security Administration
(“Commissioner”) denying his application for a
period of disability and Disability Insurance Benefits
(“DIB”). Mr. Sturdivant timely pursued and
exhausted his administrative remedies and the decision of the
Commissioner is ripe for review pursuant to 42 U.S.C.
§§ 405(g), 1383(c)(3).
Sturdivant was fifty-five years old at the time of the
Administrative Law Judge's (“ALJ's”)
decision, and he has an eleventh grade education. (Tr. at
46.) His past work experiences include employment as a
material handler and industrial cleaner. (Tr. at 72.) Mr.
Sturdivant claims that he became disabled on January 15,
2014, due to high blood pressure, high cholesterol, diabetes,
diabetic nerve pain, numbness, and functional illiteracy.
(Tr. at 26, 147-53.)
Social Security Administration has established a five-step
sequential evaluation process for determining whether an
individual is disabled and thus eligible for DIB or SSI.
See 20 C.F.R. §§ 404.1520, 416.920;
see also Doughty v. Apfel, 245 F.3d 1274, 1278 (11th
Cir. 2001). The evaluator will follow the steps in order
until making a finding of either disabled or not disabled; if
no finding is made, the analysis will proceed to the next
step. See 20 C.F.R. §§ 404.1520(a)(4),
416.920(a)(4). The first step requires the evaluator to
determine whether the plaintiff is engaged in substantial
gainful activity (“SGA”). See Id.
§§ 404.1520(a)(4)(i), 416.920(a)(4)(i). If the
plaintiff is not engaged in SGA, the evaluator moves on to
the next step.
second step requires the evaluator to consider the combined
severity of the plaintiff's medically determinable
physical and mental impairments. See Id.
§§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). An
individual impairment or combination of impairments that is
not classified as “severe” and does not satisfy
the durational requirements set forth in 20 C.F.R.
§§ 404.1509 and 416.909 will result in a finding of
not disabled. See 20 C.F.R. §§
404.1520(a)(4)(ii), 416.920(a)(4)(ii). The decision depends
on the medical evidence contained in the record. See Hart
v. Finch, 440 F.2d 1340, 1341 (5th Cir. 1971)
(concluding that “substantial medical evidence in the
record” adequately supported the finding that plaintiff
was not disabled).
the third step requires the evaluator to consider whether the
plaintiff's impairment or combination of impairments
meets, or is medically equal to, the criteria of an
impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix
1. See 20 C.F.R. §§ 404.1520(a)(4)(iii),
416.920(a)(4)(iii). If the criteria of a listed impairment
and the durational requirements set forth in 20 C.F.R.
§§ 404.1509 and 416.909 are satisfied, the
evaluator will make a finding of disabled. 20 C.F.R.
§§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the
plaintiff's impairment, or combination of impairments,
does not meet or medically equal a listed impairment, the
evaluator must determine the plaintiff's residual
functional capacity (“RFC”) before proceeding to
the fourth step. See Id. §§ 404.1520(e),
fourth step requires the evaluator to determine whether the
plaintiff has the RFC to perform the requirements of his past
relevant work. See Id. §§
404.1520(a)(4)(iv), 416.920(a)(4)(iv). If the plaintiff's
impairments, or combination thereof, does not prevent him
from performing his past relevant work, the evaluator will
make a finding of not disabled. See id.
fifth and final step requires the evaluator to consider the
plaintiff's RFC, age, education, and work experience in
order to determine whether the plaintiff can make an
adjustment to other work. See Id. §§
404.1520(a)(4)(v), 416.920(a)(4)(v). If the plaintiff can
perform other work, the evaluator will find him not disabled.
Id.; see also 20 C.F.R. §§
404.1520(g), 416.920(g). If the plaintiff cannot perform
other work, the evaluator will find him disabled. 20 C.F.R.
§§ 404.1520(a)(4)(v), 404.1520(g),
the sequential evaluation process, the ALJ found that Mr.
Sturdivant met the insured status requirements of the Social
Security Act through the date of his decision. (Tr. at 23.)
He further determined that Mr. Sturdivant has not engaged in
SGA since the alleged onset of his disability. (Id.)
The ALJ then determined that while Plaintiff has the
following medically determinable impairments: “obesity,
diabetes, status post laparoscopic cholecystectomy, minimal
plaque and 20% stenosis in the right carotid artery, and
multi-level spondylitic changes in the cervical spine,
” none of these impairments is “severe”
based on the requirements set forth in the regulations
because individually, and in combination, these impairments
cause no more than slight limitations in Plaintiff's
ability to perform work activities for 12 consecutive months.
(Tr. at 24-25.) Accordingly, it was not necessary for the ALJ
to conduct the remaining parts of the sequential evaluation
process, and he found Plaintiff not disabled from January 15,
2014, through the date of his decision. (Tr. at 35.)
Standard of Review
Court's role in reviewing claims brought under the Social
Security Act is a narrow one. The scope of its review is
limited to determining (1) whether there is substantial
evidence in the record as a whole to support the findings of
the Commissioner, and (2) whether the correct legal standards
were applied. See Stone v. Comm'r of Soc. Sec.,
544 F. App'x 839, 841 (11th Cir. 2013) (citing
Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155,
1158 (11th Cir. 2004)). This Court gives deference to the
factual findings of the Commissioner, provided those findings
are supported by substantial evidence, but applies close
scrutiny to the legal conclusions. See Miles v.
Chater, 84 F.3d 1397, 1400 (11th Cir. 1996).
this Court may not decide facts, weigh evidence, or
substitute its judgment for that of the Commissioner.
Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir.
2005) (quoting Phillips v. Barnhart, 357 F.3d 1232,
1240 n.8 (11th Cir. 2004)). “The substantial evidence
standard permits administrative decision makers to act with
considerable latitude, and ‘the possibility of drawing
two inconsistent conclusions from the evidence does not
prevent an administrative agency's finding from being
supported by substantial evidence.'” Parker v.
Bowen, 793 F.2d 1177, 1181 (11th Cir. 1986) (Gibson, J.,
dissenting) (quoting Consolo v. Fed. Mar.
Comm'n, 383 U.S. 607, 620 (1966)). Indeed, even if
this Court finds that the proof preponderates against the
Commissioner's decision, it must affirm if the decision
is supported by substantial evidence. Miles, 84 F.3d
at 1400 (citing Martin v. Sullivan, 894 F.2d 1520,
1529 (11th Cir. 1990)).
no decision is automatic, for “despite th[e]
deferential standard [for review of claims], it is imperative
that th[is] Court scrutinize the record in its entirety to
determine the reasonableness of the decision reached.”
Bridges v. Bowen, 815 F.2d 622, 624 (11th Cir. 1987)
(citing Arnold v. Heckler, 732 F.2d 881, 883 (11th
Cir. 1984)). Moreover, failure to apply the ...