United States District Court, S.D. Mississippi, Northern Division
WILLIAM H. POPE, Plaintiff,
MICHAEL J. ASTRUE Commissioner of Social Security Administration, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
DAVID BRAMLETTE, District Judge.
This cause is before the Court pursuant to the plaintiff's brief in support of judicial review (docket entry 11); the Commissioner's motion to affirm (docket entry 14); the plaintiff's response in opposition to defendant's motion to affirm (docket entry 16); the Report and Recommendation (docket entry 17) of United States Magistrate Judge Michael T. Parker, which recommends that the Commissioner's motion to affirm be granted in part, and that this matter be remanded in part to the Commissioner for further findings; the Commissioner's objection thereto (docket entry 18); and the plaintiff's response to the Commissioner's objection (docket entry 19). Having carefully considered the pleadings and the applicable law, and being fully advised in the premises, the Court finds that the Report and Recommendation of the Magistrate Judge should be adopted for the reasons herein set forth.
On February 9, 2010, the plaintiff filed a Title II application for a Period of Disability and Disability Benefits beginning May 16, 2007. The claim was initially denied and again denied on reconsideration, which led the plaintiff to request a hearing before an Administrative Law Judge("ALJ"). The plaintiff received his hearing on February 3, 2011, and ALJ Willie Rose rendered his decision to deny the Plaintiff's claim on March 1, 2011. The plaintiff proceeded to file his application to the Appeals Council on April 14, 2011, and on April 18, 2012, the Appeals Council informed the plaintiff that his appeal had been denied. The plaintiff filed his claim before this Court on June 15, 2012.
The ALJ's decision of March 1, 2011, found that the plaintiff was not disabled. At Step One of the five-step evaluation process, the ALJ found that the plaintiff had not engaged in any substantial gainful activity since May 16, 2007, the alleged onset date. At Step Two, he found that Plaintiff suffers from the following severe impairments: degenerative disc disease of the lumbar spine, bipolar disorder, and a history of opioid dependency.
At Step Three, the ALJ determined that the plaintiff does not have an impairment, or combination of impairments, that meets or medically equals Listing 1.04, 12.04, or 12.09. Next, the ALJ examined the plaintiff's Residual Functional Capacity ("RFC") and found that he retained the capacity to lift and/or carry twenty pounds occasionally and ten pounds frequently, sit for six hours in an eight-hour work day, stand and/or walk for six hours in an eight-hour work day, and perform occasional climbing, balancing, stooping, kneeling, crouching, and crawling. Additionally, the ALJ noted that the plaintiff can perform simple, repetitive tasks, and can carry out detailed instructions and tasks with moderate limitations. Finally, the ALJ found that the Plaintiff can occasionally, but not frequently, work with the general public, have occasional contact with co-workers and supervisors, and become accustomed to occasional and gradual changes in the work place, rather than frequent or dramatic changes. In making this determination, the ALJ considered Plaintiff's symptoms and the extent to which they can be reasonably accepted as consistent with the objective medical evidence and other evidence, and also considered opinion evidence.
At Step Four, the ALJ found that the plaintiff was unable to perform any past relevant work, including that of a sales representative, a waiter, and a psychiatric technician. Finally, at Step Five, the ALJ concluded that the plaintiff could perform a significant number of jobs in the national economy. The ALJ based this conclusion on Plaintiff's age, educational background, work experience, RFC Assessment, and testimony from the vocational expert. These jobs included a silverware wrapper, a mail sorter, and a textile sorter. Accordingly, the ALJ found that the plaintiff was not disabled.
This Court's review of the Commissioner's decision is limited to inquiry into whether there is substantial evidence to support the Commissioner's findings and whether the correct legal standards were applied in evaluating the evidence. Hollis v. Bowen, 837 F.2d 1378, 1382 (5th Cir. 1988). The Court may not re-weigh the evidence, try the issues de novo, or substitute its judgment for the Commissioner's.
The issue in this case is whether the ALJ's Step Three determination was erroneous and contrary to law. The plaintiff argues that the record supports a finding that the plaintiff's mental impairments meet or medically equal Listing 12.04, which provides:
12.04 Affective Disorders: Characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.
The ALJ concluded that the plaintiff did not meet the requirements of Listing 12.04. In his Report and Recommendation, Magistrate Judge Parker finds there is sufficient evidence to support the ALJ's findings, and the Court adopts this finding for the reasons set forth therein.
The plaintiff also argues that he meets the criteria for Listing 1.04(A)(disorders of the spine):
1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With:
A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the ...