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Blalock v. Berryhill

United States District Court, N.D. Oklahoma

September 6, 2017

DARRYL BLALOCK, Plaintiff,
v.
NANCY A. BERRYHILL,[1] Acting Commissioner of Social Security, Defendant.

          OPINION AND ORDER TO DENY PLAINTIFF'S APPEAL

          GERALD B. COHN UNITED STATES MAGISTRATE JUDGE

         This matter is before the undersigned United States Magistrate Judge for decision. Plaintiff Darryl Blalock (“Plaintiff”) seeks judicial review of the Commissioner of the Social Security Administration's decision finding of not disabled. As set forth below, the Court DENIES Plaintiff's appeal and AFFIRMS the Commissioner's decision in this case.

         I. STANDARD OF REVIEW

         To receive disability or supplemental security benefits under the Social Security Act (“Act”), a claimant bears the burden to demonstrate an “inability 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 42 U.S.C. § 1382c(a)(3)(A).

shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.

42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). Plaintiff must demonstrate the physical or mental impairment “by medically acceptable clinical and laboratory diagnostic techniques.” 42 U.S.C. §§ 423(d)(3), 1382c(a)(3)(D).

         Social Security regulations implement a five-step sequential process to evaluate a disability claim. 20 C.F.R. §§ 404.1520, 416.920; Williams v. Bowen, 844 F.2d 748, 750 (10th Cir. 1988) (setting forth the five steps in detail). “If a determination can be made at any of the steps that a plaintiff is or is not disabled, evaluation under a subsequent step is not necessary.” Williams, 844 F.2d at 750. The claimant bears the burden of proof at steps one through four. See Wells v. Colvin, 727 F.3d 1061, 1064 at n.1. (10th Cir. 2013). If the claimant satisfies this burden, then the Commissioner must show at step five that jobs exist in the national economy that a person with the claimant's abilities, age, education, and work experience can perform. Id.

         In reviewing a decision of the Commissioner, the Court is limited to determining whether the Commissioner has applied the correct legal standards and whether the decision is supported by substantial evidence. See e.g., 42 U.S.C. § 405(g) (“court shall review only the question of conformity with such regulations and the validity of such regulations”); Grogan v. Barnhart, 399 F.3d 1257, 1261 (10th Cir. 2005). Substantial evidence is more than a scintilla but less than a preponderance and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. See id. Substantial evidence “does not mean a large or considerable amount of evidence, but rather ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'” Pierce v. Underwood, 487 U.S. 552, 565 (1988) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)). The Court's review is based on the record, and the Court will “meticulously examine the record as a whole, including anything that may undercut or detract from the [Administrative Law Judge's] findings in order to determine if the substantiality test has been met.” Id. The Court may neither re-weigh the evidence nor substitute its judgment for that of the Commissioner. See Hackett v. Barnhart, 395 F.3d 1168, 1172 (10th Cir. 2005). Even if the Court might have reached a different conclusion, if supported by substantial evidence, the Commissioner's decision stands. See White v. Barnhart, 287 F.3d 903, 908 (10th Cir. 2002).

         II. BACKGROUND

         A. Procedural History

         On April 22, 2013, Plaintiff protectively filed an application for supplemental security income, and on May 5, 2013, Plaintiff filed an application for disability insurance benefits. (Tr. 22, 196-204). Plaintiff alleged disability as of April 1, 2009, due to bipolar disorder and problems with his spine and back. (Tr. 22, 78, 216). On September 15, 2014, a hearing was held before an Administrative Law Judge (“ALJ”). (Tr. 22, 34-77). On December 24, 2014, The ALJ issued a decision finding Plaintiff not disabled within the meaning of the Act. (Tr. 19-33). On March 25, 2016, the Appeals Council denied Plaintiff's request for review, and thus, the ALJ decision became the final decision of the Commissioner. (Tr. 1-6). This appeal followed.

         III. ISSUES AND ANALYSIS

         On appeal, Plaintiff alleges the following two errors: (1) The ALJ erred in failing to give greater weight to the expert medical opinion of the treating psychiatrist, Dr. John Mallgren; and (2) the ALJ failed to incorporate the findings of Dr. Mallgren into the residual functional capacity (“RFC”). (Pl. Br. at 4-5, Doc. 16).

         A. ALJ Evaluation of Opinion of Dr. John Mallgren, D.O.

         Plaintiff states the ALJ erred by failing to give greater weight to the expert medical opinion of the treating psychiatrist, Dr. Mallgren. (Pl. Br. at 7). In the decision, the ALJ reviewed ...


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