United States District Court, E.D. Oklahoma
SHELLY A. WOODS, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant.
OPINION AND ORDER
KIMBERLY E. WEST, UNITED STATES MAGISTRATE JUDGE.
Shelly A. Woods (the “Claimant”) requests
judicial review of the decision of the Commissioner of the
Social Security Administration (the
“Commissioner”) denying Claimant's
application for disability benefits under the Social Security
Act. Claimant appeals the decision of the Administrative Law
Judge (“ALJ”) and asserts that the Commissioner
erred because the ALJ incorrectly determined that Claimant
was not disabled. For the reasons discussed below, it is the
finding of this Court that the Commissioner's decision
should be and is REVERSED and the case is REMANDED to
Defendant for further proceedings.
Security Law and Standard of Review
under the Social Security Act is defined as the
“inability to engage in any substantial gainful
activity by reason of any medically determinable physical or
mental impairment. . .” 42 U.S.C. § 423(d)(1)(A).
A claimant is disabled under the Social Security Act
“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. . .” 42 U.S.C. §423(d)(2)(A). Social
Security regulations implement a five-step sequential process
to evaluate a disability claim. See, 20 C.F.R.
§§ 404.1520, 416.920.
review of the Commissioner's determination is limited in
scope by 42 U.S.C. § 405(g). This Court's review is
limited to two inquiries: first, whether the decision was
supported by substantial evidence; and, second, whether the
correct legal standards were applied. Hawkins v.
Chater, 113 F.3d 1162, 1164 (10th Cir. 1997)(citation
omitted). The term “substantial evidence” has
been interpreted by the United States Supreme Court to
require “more than a mere scintilla. It means such
relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.” Richardson v.
Perales, 402 U.S. 389, 401 (1971) (quoting
Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229
(1938)). The court may not re-weigh the evidence nor
substitute its discretion for that of the agency. Casias
v. Secretary of Health & Human Servs., 933 F.2d 799,
800 (10th Cir. 1991). Nevertheless, the court must review the
record as a whole, and the “substantiality of the
evidence must take into account whatever in the record fairly
detracts from its weight.” Universal Camera Corp.
v. NLRB, 340 U.S. 474, 488 (1951); see also,
Casias, 933 F.2d at 800-01.
was 41 years old at the time of the ALJ's decision.
Claimant obtained her GED and some college. Claimant has
worked in the past as a certified nurse's aide. Claimant
alleges an inability to work beginning January 1, 2011 due to
limitations resulting from back problems, foot pain after a
broken heel injury, and anxiety/panic attacks.
November 15, 2012, Claimant protectively filed for disability
insurance benefits under Title II (42 U.S.C. § 401,
et seq.) and for supplemental security income
benefits under Title XVI (42 U.S.C. § 1381, et
seq.) of the Social Security Act. Claimant's
applications were denied initially and upon reconsideration.
On March 18, 2014 and August 25, 2014, an administrative
hearing was held before Administrative Law Judge
(“ALJ”) J. Frederick Gatzke by video with
Claimant appearing in McAlester, Oklahoma and the ALJ
presiding from Paris, Texas. By decision dated December 2,
2014, the ALJ denied Claimant's requests for benefits.
The Appeals Council denied review of the ALJ's decision
on March 28, 2016. As a result, the decision of the ALJ
represents the Commissioner's final decision for purposes
of further appeal. 20 C.F.R. §§ 404.981, 416.1481.
of the Administrative Law Judge
made his decision at step five of the sequential evaluation.
He determined that while Claimant suffered from severe
impairments, she did not meet a listing and retained the
residual functional capacity (“RFC”) to perform
sedentary work with limitations.
Alleged for Review
asserts the ALJ committed error in (1) reaching an RFC which
was not supported by substantial evidence; and (2) finding
jobs existed that Claimant could perform at step five.