Streeter v. Social Security Administration

Filing 28

OPINION AND ORDER by Magistrate Judge Frank H McCarthy (Re: 26 Letter ) (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
NICOLE STREETER,
Plaintiff,
vs.

Case No. 15-CV-438-FHM

NANCY A. BERRYHILL,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
On February 16, 2017, the court issued an Opinion and Order affirming the
Commissioner’s decision, [Dkt. 24], and entering judgment for the Commissioner against
Plaintiff. [Dkt. 25]. On March 17, 2017, the court received a letter in reference to the
captioned case from pro se Plaintiff, Nicole Streeter, in which she outlined her health
problems and expressed her hope that she could obtain assistance in getting medical care.
[Dkt. 26]. The court construes Plaintiff’s letter as a motion for new trial or to alter or amend
judgment under Fed.R.Civ.P. 59. The court finds that Plaintiff has not demonstrated any
grounds for relief under Rule 59. Therefore Plaintiff’s motion is DENIED.
In this case Ms. Streeter appealed the Commissioner’s denial of her application for
Social Security disability benefits. In such a case the court’s role is strictly defined by
statute. The court can only look at the record presented to the Commissioner to determine
whether the record as a whole contains substantial evidence to support the denial decision
and to determine whether the Commissioner applied the correct legal standards in making
the decision. See Briggs ex rel. Briggs v. Massanari, 248 F.3d 1235, 1237 (10th Cir. 2001);
Winfrey v. Chater, 92 F.3d 1017 (10th Cir. 1996); Castellano v. Secretary of Health &

Human Servs., 26 F.3d 1027, 1028 (10th Cir. 1994). The court can do nothing more than
this. The court may not reweigh the evidence nor may it substitute its judgment for that of
the Commissioner. Casias v. Secretary of Health & Human Servs., 933 F.2d 799, 800
(10th Cir. 1991). All of which means that the court has no power to help Ms. Streeter
obtain assistance in getting medical care, as she requests.
Ms. Streeter’s case before this court was decided in accordance with the power
granted the court by statute, 42 U.S.C. § 405(g), to review final decisions made by the
Commissioner of the Social Security Administration. Ms Streeter’s request for further relief,
[Dkt. 26], is DENIED.
SO ORDERED this 30th day of March, 2017.

2