Stadler v. Colvin
Filing
16
MEMORANDUM OPINION re 11 Plaintiff's Motion for Summary Judgment, 13 Defendant's Motion for Summary Judgment. Signed by Judge Gregory M. Sleet on 3/28/2016. (asw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANIEL L. STADLER
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.
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Civ. No. 13-1768-GMS
MEMORANDUM
Plaintiff Daniel L. Stadler ("Stadler") appeals from a decision of defendant Carolyn W.
Colvin, Acting Commissioner of Social Security ("Commissioner"), denying his application for
disability insurance benefits ("DIB") under Title XVI of the Social Security Act, 42 U.S.C. § 401434. The court has jurisdiction over the matter pursuant to 42 U.S.C. § 405(g).
Presently before the court are the parties' cross-motions for summary judgment. (D.1. 11,
13). For the reasons set forth below, Stadler's motion for summary judgment will be GRANTED
and the Commissioner's motion for summary judgment will be DENIED.
I.
BACKGROUND
A.
Procedural History
Stadler filed an application for DIB on October 7, 2009, alleging disability beginning July
1, 2009. (Tr. 68-71, 82). The state agency denied Stadler's claim. (Tr. 57-67). Stadler requested
a hearing before an Administrative Law Judge ("ALJ';) which was held on April 15, 2011. (Tr.
496-541). At the hearing, Stadler was represented by his social worker, Helen Toomer. On May
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26, 2011, the ALJ Jued an unfavorable decision, finding that Stadler was not disabled. (Tr. 16-
29). The Appeals Council denied Stadler' s request for review, making the ALJ' s decision the final
decision of the Commissioner. (Tr. 6-8). Over two years later, Stadler obtained counsel and filed
a complaint in this court. 1 (D .I. 1).
B.
The ALJ's Findings and Conclusions
The ALJ's findings of fact and conclusions of law in her decision may be summarized as
follows. At step one, the ALJ found that Stadler ,has not engaged in substantial gainful activity
since July 1, 2009. (Tr. 18). At step two, the ALJ concluded that Stadler has the following severe
impairments: depression and a right knee injury. (Id.). The ALJ found record evidence of asthma,
but concluded that it was a non-severe impairment.
(Tr. 19). No other impairments were
considered or discussed.
At step three, the ALJ concluded that Stadler does not have an impairment or combination
of impairments that meets or medically equals one of the listed impairments in 20 CPR Part 404,
Subpart P, Appendix I. (Tr. 19). The ALJ concluded that Stadler's knee pain did not satisfy
Listing l .02A, because there was no evidence that Stadler would be unable to ambulate more than
twelve months after his anticipated knee operation. (Id.). The ALJ also concluded that Stadler's
Under 42 U.S.C. § 405(g), a claimant who wishes to obtain judicial review of an adverse
decision must file a civil complaint within sixty days after the Appeals Council denies review. The
60-
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