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Stoker v. Berryhill

United States District Court, W.D. North Carolina, Statesville Division

July 29, 2018

TIMOTHY CURTIS STOKER, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          ORDER

          Dennis L. Howell United States Magistrate Judge

         This matter is before the Court on the parties' cross motions for summary judgment (# 10, 23).[1] Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the final decision by the Commissioner of Social Security (“Commissioner”) denying his claim for disability benefits. The issues have been fully briefed, and the matter is now ripe for ruling. For the reasons set forth below, Plaintiff's motion for summary judgment is DENIED and the Commissioner's motion for summary judgment is GRANTED.

         I. Procedural History

         On March 6, 2013, Plaintiff protectively filed a Title II application for a period of disability and disability insurance benefits, alleging disability beginning August 7, 2012. (Transcript of Administrative Record (“T.”) 36.) The Social Security Administration denied Plaintiff's claim initially on August 23, 2013. (T. 36.) The claim was denied upon reconsideration on January 15, 2014. (T. 36.) On March 13, 2014, Plaintiff filed a written request for a hearing. (T. 36.)

         On January 14, 2016, a disability hearing was held before an Administrative Law Judge (“ALJ”) in Charlotte, North Carolina. (T. 36.) Janette Clifford, a vocational expert (“VE”), appeared at the hearing. (T. 36.) Rebecca Lepkowski, an attorney, represented Plaintiff. (T. 36.)

         The ALJ issued a decision finding that Plaintiff has not been under a disability from April 7, 2012, through the date of his decision, February 29, 2016. (T. 36-44.) Plaintiff requested review of the ALJ's decision. (T. 12-14.) The Appeals Council denied Plaintiff's request for review. (T. 12.) On June 28, 2017, Plaintiff filed the instant action seeking review of the Commissioner's final decision. See Compl. (# 1).

         II. Standard for Determining Disability

         An individual is disabled for purposes of receiving disability payments if he or she is unable 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 12 months.” 42 U.S.C. § 423(d)(1)(A); accord Mastro v. Apfel, 270 F.3d 171, 176 (4th Cir. 2001). The Commissioner undertakes a five-step inquiry to determine whether a claimant is disabled. Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir. 2005) (per curiam). Under the five-step sequential evaluation, the Commissioner must consider each of the following, in order: (1) whether the claimant has engaged in substantial gainful employment; (2) whether the claimant has a severe impairment; (3) whether the claimant's impairment is sufficiently severe to meet or medically equal the severity of one or more of the listing of impairments contained in Appendix 1 of 20 C.F.R. Part 404, Subpart P; (4) whether the claimant can perform his or her past relevant work; and (5) whether the claimant is able to perform any other work considering his or her age, education, and residual functional capacity (“RFC”). 20 C.F.R. § 404.1520; Mastro, 270 F.3d at 177; Johnson, 434 F.3d at 653 n.1.

         At the first two steps of the sequential evaluation, the burden is on the claimant to make the requisite showing. Monroe v. Colvin, 826 F.3d 176, 179 (4th Cir. 2016). If a claimant fails to satisfy his or her burden at either of these first two steps, the ALJ will determine that the claimant is not disabled and the process comes to an end. Mascio v. Colvin, 780 F.3d 632, 634-35 (4th Cir. 2015). The burden remains on the claimant at step three to demonstrate that the claimant's impairments satisfy a listed impairment and, thereby, establish disability. Monroe, 826 F.3d at 179.

         If the claimant fails to satisfy his or her burden at step three, however, then the ALJ must still determine the claimant's RFC. Mascio, 780 F.3d at 635. After determining the claimant's RFC, the ALJ proceeds to step four in order to determine whether the claimant can perform his or her past relevant work. Id. The burden is on the claimant to demonstrate that he or she is unable to perform past work. Monroe, 826 F.3d at 180. If the ALJ determines that a claimant is not capable of performing past work, then the ALJ proceeds to step five. Mascio, 780 F.3d at 635.

         At step five, the ALJ must determine whether the claimant can perform other work. Id. The burden rests with the Commissioner at step five to prove by a preponderance of the evidence that the claimant is capable of performing other work that exists in significant numbers in the national economy, considering the claimant's RFC, age, education, and work experience. Id.; Monroe, 826 F.3d at 180. Typically, the Commissioner satisfies her burden at step five using the testimony of a VE, who offers testimony in response to a hypothetical question from the ALJ that incorporates the claimant's limitations. Mascio, 780 F.3d at 635; Monroe, 826 F.3d at 180. If the Commissioner satisfies her burden at step five, then the ALJ will find that the claimant is not disabled and deny the application for disability benefits. Mascio, 780 F.3d at 635; Monroe, 826 F.3d at 180.

         III. The ALJ's Decision

         In his February 29, 2016 decision, the ALJ ultimately found that Plaintiff was not disabled under sections 216(i) and 233(d) of the Social Security Act. (T. 44.) In support of this conclusion, the ALJ made the following specific findings:

(1) The claimant meets the insured status requirements of the Social Security Act through December 31, 2017.
(2) The claimant has not engaged in substantial gainful activity since August 7, 2012, the alleged onset date (20 C.F.R. § 404.1571 et seq.).
(3) The claimant has the following severe impairments: diabetes mellitus type 2, diabetic peripheral neuropathy, status post right transmetatarsal amputation, history of virteous hemorrhage, and hyperlipidemia (20 C.F.R. § 404.1520(c)).
(4) The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525, and 404.1526).[2]
(5) The claimant has the RFC to perform light work as defined in 20 C.F.R. § 404.1567(b), except he must be permitted to change positions between siting and standing twice per hour; he cannot climb ropes, ladders, or scaffolds; he is limited to occasional climbing of ramps and stairs; frequent, but not constant, handling and fingering; and occasional stooping and kneeling, but no crawling or crouching.[3]
(6) The claimant has no past relevant work (20 C.F.R. § 404.1565).
(7) The claimant was born on May 21, 1964, and he was 48 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date. The claimant subsequently changed age category to closely approaching advanced age (20 C.F.R. § 404.1563).
(8) The claimant has at least a high school education, and he is able to communicate in English (20 C.F.R. § 404.1564).
(9) Transferability of job skills is not an issue because the claimant does not have past relevant work (20 C.F.R. § 404.1568).
(10) Considering the claimant's age, education, work experience, and RFC, there are jobs that exist in significant numbers in the national economy that he can perform (20 C.F.R. §§ 404.1569, 404.1569(a)).[4]
(11) The claimant has not been under a disability, as defined in the Social Security Act, from August 7, 2012, through the date of his decision, February 29, 2016 (20 C.F.R. § 404.1520(g)).

(T. 36-44.)

         IV. ...


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