Jackson v. Social Security Administration, Commissioner

Filing 9

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/5/2019. (JLC)

FILED
2019 Sep-05 PM 04:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARBARA JACKSON,
Plaintiff,
vs.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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2:16-cv-01142-LSC

MEMORANDUM OF OPINION
I.

Introduction
The plaintiff, Barbara Jackson, proceeding pro se, appeals from the decision of

the Commissioner of the Social Security Administration (“Commissioner”)
denying her applications for Supplemental Security Income (“SSI”), a period of
disability, and Disability Insurance Benefits (“DIB”). Ms. Smith timely pursued and
exhausted her administrative remedies and the decision of the Commissioner is ripe
for review pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3).
Ms. Smith was 60 years old at the time of the Administrative Law Judge’s
(“ALJ’s”) decision. (Tr. at 27.) She completed two years of college and her past
work experiences include employment as an accountant/bookkeeper. (Id. at 28-30.)
According to the administrative record, Ms. Jackson claimed that she became
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disabled on April 27, 2013, due to congestive heart failure, hypertension, shortness
of breath, asphyxiation, and palpitations. (Id. at 26.)
The 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.
The 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

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F.2d 1340, 1341 (5th Cir. 1971) (concluding that “substantial medical evidence in the
record” adequately supported the finding that plaintiff was not disabled).
Similarly, 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), 416.920(e). The 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 impairment
or combination of impairments does not prevent him from performing his past
relevant work, the evaluator will make a finding of not disabled. See id.
The 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

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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), 416.920(a)(4)(v), 416.920(g).
Applying the sequential evaluation process, the ALJ found that Ms. Jackson
has not engaged in SGA since the alleged onset of her disability. (Tr. at 13.)
According to the ALJ, Plaintiff’s congestive heart failure and hypertension are
considered “severe” based on the requirements set forth in the regulations. (Id.)
However, he found that these impairments neither meet nor medically equal any of
the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. at 14.) The
ALJ determined that Ms. Jackson has the following RFC: sedentary work with no
climbing of ladders, ropes or scaffolds; occasional climbing of ramps and stairs;
occasional balancing, kneeling, crouching, crawling and stooping; avoiding
concentrated exposure to extreme heat and cold, fumes, odors, chemicals, gases,
dust, and poorly ventilated areas; and avoiding all hazardous machinery and
unprotected heights. (Id.)
According to the ALJ, Ms. Jackson is able to perform her past relevant work
as a bookkeeper/accountant, as it is generally and was actually performed. (Tr. at

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17.) The ALJ concluded his findings by stating that Plaintiff “has not been under a
disability, as defined in the Social Security Act, from April 27, 2013, through the date
of this decision.” (Id.)
II.

Standard of Review
This 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).
Nonetheless, 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

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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)).
However, 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 correct legal standards is grounds for reversal.
See Bowen v. Heckler, 748 F.2d 629, 635 (11th Cir. 1984).
III.

Discussion
Ms. Jackson filed the instant action for judicial review in this Court on July 12,

2016, by filling out a form complaint alleging that she was denied her social security
benefits, with no supporting facts.

(Doc. 1.)

See 42 U.S.C. § 405(g). The

Commissioner answered, and this Court directed Ms. Jackson to file a brief in
support of her claim. Ms. Jackson did not do so. Deadlines for submissions have
passed, and the issues in this case are now ripe for decision. Ms. Jackson has failed

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to point to any errors in the ALJ’s opinion despite the fact that she has had two
opportunities to do so: (1) her complaint and (2) an initial brief in support of her
claim.
Nonetheless, this Court has thoroughly reviewed both the ALJ’s opinion and
the entire evidentiary record. Based upon that evaluation, the Court concludes that
the ALJ’s decision applies the proper legal standards and is supported by substantial
evidence. The ALJ did not err when he concluded that Ms. Jackson is not disabled.
IV.

Conclusion
Upon review of the administrative record, the Court finds the

Commissioner’s decision is supported by substantial evidence and in accord with the
applicable law. A separate order will be entered.
DONE and ORDERED on September 5, 2019.

_____________________________
L. Scott Coogler
United States District Judge
160704

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