United States District Court, M.D. Georgia, Athens Division
STEPHEN HYLES UNITED STATES MAGISTRATE JUDGE
Social Security Commissioner, by adoption of the
Administrative Law Judge's (ALJ's) determination,
denied Plaintiff's application for disability insurance
benefits, finding that he is not disabled within the meaning
of the Social Security Act and Regulations. Plaintiff
contends that the Commissioner's decision was in error
and seeks review under the relevant provisions of 42 U.S.C.
§ 405(g) and 42 U.S.C. § 1383(c). All
administrative remedies have been exhausted. Both parties
filed their written consents for all proceedings to be
conducted by the United States Magistrate Judge, including
the entry of a final judgment directly appealable to the
Eleventh Circuit Court of Appeals pursuant to 28 U.S.C.
court's review of the Commissioner's decision is
limited to a determination of whether it is supported by
substantial evidence and whether the correct legal standards
were applied. Walker v. Bowen, 826 F.2d 996, 1000
(11th Cir. 1987) (per curiam). “Substantial evidence is
something more than a mere scintilla, but less than a
preponderance. If the Commissioner's decision is
supported by substantial evidence, this court must affirm,
even if the proof preponderates against it.” Dyer
v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005)
(internal quotation marks omitted). The court's role in
reviewing claims brought under the Social Security Act is a
narrow one. The court may neither decide facts, re-weigh
evidence, nor substitute its judgment for that of the
Commissioner. Moore v. Barnhart, 405 F.3d 1208,
1211 (11th Cir. 2005). It must, however, decide if the
Commissioner applied the proper standards in reaching a
decision. Harrell v. Harris, 610 F.2d 355, 359 (5th
Cir. 1980) (per curiam). The court must scrutinize the entire
record to determine the reasonableness of the
Commissioner's factual findings. Bloodsworth v.
Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). However,
even if the evidence preponderates against the
Commissioner's decision, it must be affirmed if
substantial evidence supports it. Id.
Plaintiff bears the initial burden of proving that she is
unable to perform her previous work. Jones v. Bowen,
810 F.2d 1001 (11th Cir. 1986). The Plaintiff's burden is
a heavy one and is so stringent that it has been described as
bordering on the unrealistic. Oldham v. Schweiker,
660 F.2d 1078, 1083 (5th Cir. 1981). A Plaintiff seeking Social
Security disability benefits must demonstrate that she
suffers from an impairment that prevents her from engaging in
any substantial gainful activity for a twelve-month period.
42 U.S.C. § 423(d)(1). In addition to meeting the
requirements of these statutes, in order to be eligible for
disability payments, a Plaintiff must meet the requirements
of the Commissioner's regulations promulgated pursuant to
the authority given in the Social Security Act. 20 C.F.R.
§ 404.1 et seq.
the Regulations, the Commissioner uses a five-step procedure
to determine if a Plaintiff is disabled. Phillips v.
Barnhart, 357 F.3d 1232, 1237 (11th Cir. 2004); 20
C.F.R. § 404.1520(a)(4). First, the Commissioner
determines whether the Plaintiff is working. Id. If
not, the Commissioner determines whether the Plaintiff has an
impairment which prevents the performance of basic work
activities. Id. Second, the Commissioner determines
the severity of the Plaintiff's impairment or combination
of impairments. Id. Third, the Commissioner
determines whether the Plaintiff's severe impairment(s)
meets or equals an impairment listed in Appendix 1 of Part
404 of the Regulations (the “Listing”).
Id. Fourth, the Commissioner determines whether the
Plaintiff's residual functional capacity can meet the
physical and mental demands of past work. Id. Fifth
and finally, the Commissioner determines whether the
Plaintiff's residual functional capacity, age, education,
and past work experience prevent the performance of any other
work. In arriving at a decision, the Commissioner must
consider the combined effects of all of the alleged
impairments, without regard to whether each, if considered
separately, would be disabling. Id. The
Commissioner's failure to apply correct legal standards
to the evidence is grounds for reversal. Id.
Whether the ALJ assigned appropriate weight to the treating
Whether a new psychological exam required remand.
Whether the ALJ properly discounted Plaintiff's
Joanna Cochran filed an application for disability insurance
benefits on April 23, 2013 alleging that she has been
disabled to work since January 1, 2011. Her application was
denied initially on November 1, 2013 and on reconsideration
on March 27, 2014. She filed a written request for an
evidentiary hearing before an administrative law judge (ALJ)
on May 20, 2014, and the hearing was conducted on December
11, 2015. Plaintiff appeared at the hearing with her attorney
and gave testimony, as did an impartial vocational expert
(VE). Tr. 19. The ALJ issued an unfavorable decision on
January 19, 2016 denying her claim. Tr. 16-31. She sought
review by the Appeals Council on January 26, 2016, but was
denied on June 27, 2016. Tr. 7-13, 1-6. Having exhausted the
administrative remedies available to her under the Social
Security Act, Plaintiff now seeks judicial review of the
final decision by the Commissioner to deny her application
for disability benefits.
of Facts and Evidence
date the ALJ issued his written decision, Plaintiff was
fifty-nine years old. Tr. 27. In her application for a period
of disability and disability benefits she claimed that she is
unable to work due to fibromyalgia, depression, anxiety,
attention deficit disorder (ADD), and a left shoulder injury.
Tr. 211. She is a high school graduate and has ...