United States District Court, E.D. Oklahoma
GINA M. ARTERBERRY, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant.
OPINION AND ORDER
KIMBERLY E. WEST UNITED STATES MAGISTRATE JUDGE
Gina M. Arterberry (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 AFFIRMED.
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 37 years old at the time of the ALJ's decision.
Claimant completed her education through the eighth grade.
Claimant has worked in the past as a truck driver, crane
operator, brick loader and unloader, machine cleaner, floater
on an assembly line, cashier, and welder. Claimant alleges an
inability to work beginning June 30, 2012 due to limitations
resulting from fibromyalgia, shoulder injury, dyslexia,
difficulty reading and spelling, and bilateral carpal tunnel
November 13, 2012, Claimant protectively filed for disability
insurance benefits under Title II (42 U.S.C. § 401,
et seq.) and for supplemental security income
pursuant to Title XVI (42 U.S.C. § 1381, et
seq.) of the Social Security Act. Claimant's
applications were denied initially and upon reconsideration.
On June 26, 2014, an administrative hearing was held before
Administrative Law Judge (“ALJ”) Bernard Porter
by video with Claimant appearing in Ada, Oklahoma and the ALJ
presiding in McAlester, Oklahoma. By decision dated September
9, 2014, the ALJ denied Claimant's request for benefits.
The Appeals Council denied review on March 30, 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 her 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 a
range of sedentary work.
Alleged for Review
asserts the ALJ committed error in (1) failing to properly
evaluate the medical source evidence; and (2) failing to make
a proper credibility determination.
of the ...