United States District Court, W.D. North Carolina, Asheville Division
CARLY J. LANCE, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
Cogburn Jr. United States District Judge.
MATTER is before the court on plaintiff's (#11)
and defendant's (#15) cross Motions for Summary Judgment.
The matter is ripe for review. Having carefully considered
each motion and reviewed the pleadings, the court enters the
following findings and Order.
filed an application on February 18, 2013, for disability and
disability insurance benefits under title II and supplemental
security income (“SSI”) payments under title XVI,
alleging disability since September 10, 2010. (Tr. 104).
After her application was denied initially on June 17, 2013
and on reconsideration on January 9, 2014, plaintiff appeared
and testified at an administrative hearing on November 30,
2015, and amended the alleged onset date to December 1, 2011.
(Tr. 104, 146-64). On January 13, 2016, Administrative Law
Judge (“ALJ”) Ann G. Paschall issued a decision
denying benefits. (Tr. 8-26). On July 29, 2017, the Appeals
Council denied plaintiff's request for review, rendering
the ALJ's decision the final decision of the
Commissioner. (Tr. 1-4). Plaintiff proceeded to file the
instant action, seeking judicial review of the
Commissioner's decision pursuant to 42 U.S.C. §
court adopts and incorporates the ALJ's factual findings
herein as if fully set forth. Such findings are referenced in
the substantive discussion which follows.
Standard of Review
only issues on review are whether the Commissioner applied
the correct legal standards and whether the
Commissioner's decision is supported by substantial
evidence. Richardson v. Perales, 402 U.S. 389, 390
(1971); Hays v. Sullivan, 907 F.2d 1453, 1456 (4th
Cir. 1990). Review by a federal court is not de
novo, Smith v. Schwieker, 795 F.2d 343, 345
(4th Cir. 1986); rather, inquiry is limited to whether there
was “such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.”
Richardson v. Perales, supra.
the undersigned were to find that a preponderance of the
evidence weighed against the Commissioner's decision, the
Commissioner's decision would have to be affirmed if
supported by substantial evidence. Hays v. Sullivan,
supra. The Fourth Circuit has explained substantial
evidence review as follows:
the district court reviews the record to ensure that the
ALJ's factual findings are supported by substantial
evidence and that its legal findings are free of error. If
the reviewing court decides that the ALJ's decision is
not supported by substantial evidence, it may affirm, modify,
or reverse the ALJ's ruling with or without remanding the
cause for a rehearing. A necessary predicate to engaging in
substantial evidence review is a record of the basis for the
ALJ's ruling. The record should include a discussion of
which evidence the ALJ found credible and why, and specific
application of the pertinent legal requirements to the record
evidence. If the reviewing court has no way of evaluating the
basis for the ALJ's decision, then the proper course,
except in rare circumstances, is to remand to the agency for
additional investigation or explanation.
Radford v. Colvin, 734 F.3d 288, 295 (4th Cir. 2013)
(internal citations and quotations omitted).