United States District Court, N.D. Alabama, Northeastern Division
MEMORANDUM OPINION [1]
STACI
G. CORNELIUS, U.S. MAGISTRATE JUDGE
The
plaintiff, Jessica Coren Hendrix, appeals from the decision
of the Commissioner of the Social Security Administration
(the “Commissioner”) denying her application for
Supplemental Security Income (“SSI”). Hendrix
timely pursued and exhausted her administrative remedies, and
the Commissioner’s decision is ripe for review pursuant
to 42 U.S.C § 1383(c)(3). For the reasons discussed
below, the Commissioner’s decision is due to be
reversed and remanded.
I.
Procedural History
Hendrix
has a high school education and no past relevant work. (Tr.
at 26, 154). In her application for SSI, Hendrix alleged she
became disabled on September 1, 2012, due to high blood
pressure, depression, seizures, a neurological disorder, and
swollen and enlarged blood vessels fused together on the
right side of her brain. (Id. at 51). Hendrix later
amended the onset date of her disability to March 16, 2015.
(Id. at 139). After her claim was denied, Hendrix
requested a hearing before an administrative law judge
(“ALJ”). (Id. at 69). Following a
hearing, the ALJ denied Hendrix’s claim. (Id.
at 22-27). Hendrix was twenty-one years old when the ALJ
issued her decision. (Id. at 27, 51). After the
Appeals Council denied review of the ALJ’s decision
(id. at 1-3), that decision became the final
decision of the Commissioner, see Frye v. Massanari,
209 F.Supp.2d 1246, 1251 (N.D. Ala. 2001) (citing Falge
v. Apfel, 150 F.3d 1320, 1322 (11th Cir. 1998)).
Thereafter, Hendrix commenced this action. (Doc. 1).
II.
Statutory and Regulatory Framework
To
establish eligibility 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. § 1382c(a)(3)(A); 20 C.F.R. § 416.905(a).
The Social Security Administration (“SSA”)
employs a five-step sequential analysis to determine an
individual’s eligibility for disability benefits. 20
C.F.R. § 416.920(a)(4).
First,
the Commissioner must determine whether the claimant is
engaged in “substantial gainful activity.”
Id. at § 416.920(a)(4)(i). If the claimant is
engaged in substantial gainful activity, the Commissioner
will find the claimant is not disabled. Id. at
§ 416.920(a)(4)(i) and (b). At the first step, the ALJ
determined Hendrix has not engaged in substantial gainful
activity since March 16, 2015, the date corresponding to the
alleged onset of her disability and the submission of her
application for SSI. (Tr. at 24).
If the
claimant is not engaged in substantial gainful activity, the
Commissioner must next determine whether the claimant suffers
from a severe physical or mental impairment or combination of
impairments that has lasted or is expected to last for a
continuous period of at least twelve months. 20 C.F.R. §
416.920(a)(4)(ii). If the claimant does not have a severe
impairment or combination of impairments, the Commissioner
will find the claimant is not disabled. Id. at
§ 416.920(a)(4)(ii) and (c). At the second step, the ALJ
determined Hendrix has the following severe impairments:
hypertension, seizure disorder and migraines without aura due
to a subdural hematoma, and drug-induced rebound headaches.
(Tr. at 24).[2]
If the
claimant has a severe impairment or combination of
impairments, the Commissioner must then determine whether the
impairment meets or equals one of the “Listings”
found in 20 C.F.R. Part 404, Subpart P, Appendix 1. 20 C.F.R.
§ 416.920(a)(4)(iii). If the claimant’s impairment
meets or equals one of the Listings, the Commissioner will
find the claimant is disabled. Id. at §
416.920(a)(4)(iii) and (d). At the third step, the ALJ
determined Hendrix does not have an impairment or combination
of impairments that meets or medically equals the severity of
one of the Listings. (Tr. at 24).
If the
claimant’s impairment does not meet or equal one of the
Listings, the Commissioner must determine the
claimant’s residual functional capacity
(“RFC”) before proceeding to the fourth step. 20
C.F.R § 416.920(e). At the fourth step, the Commissioner
will compare an assessment of the claimant’s RFC with
the physical and mental demands of the claimant’s past
relevant work. Id. at § 416.920(a)(4)(iv) and
(e). If the claimant is capable of performing his or her past
relevant work, the Commissioner will find the claimant is not
disabled. Id. at § 416.920(a)(4)(iv).
Before
proceeding to the fourth step, the ALJ determined Hendrix has
the RFC to perform light work with the following limitations:
she can only occasionally climb ramps and stairs, bend,
stoop, kneel, crouch, balance, and crawl; she can never climb
ladders, ropes, or scaffolds; she can have only occasional
exposure to fumes, odors, dust, poor ventilation, extreme
heat, extreme cold, and vibrations; and she can have no
exposure to hazardous machinery or unprotected heights. (Tr.
at 25). At the fourth step, the ALJ determined Hendrix has no
past relevant work. (Id. at 26).
If the
claimant is unable to perform his or her past relevant work
– or, as in this case, has no past relevant work
– the Commissioner must finally determine whether the
claimant is capable of performing work that exists in
substantial numbers in the national economy in light of the
claimant’s RFC, age, education, and work experience. 20
C.F.R. § 416.920(a)(4)(v) and (g)(1). If the claimant is
capable of performing other work, the Commissioner will find
the claimant is not disabled. Id. at §
416.920(a)(4)(v) and (g)(1). If the claimant is not capable
of performing other work, the Commissioner will find the
claimant is disabled. Id. at § 416.920(a)(4)(v)
and (g)(1).
At the
fifth step, considering Hendrix’s age, education, work
experience, and RFC, the ALJ determined there are jobs that
exist in significant numbers in the national economy that
Hendrix can perform, such as those of counter attendant,
concession attendant, and information clerk. (Tr. at 26-27).
Therefore, the ALJ concluded Hendrix is not disabled.
(Id. at 27).
III.
Stan ...