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Quintana v. Colvin

United States District Court, D. Colorado

March 31, 2014

WILLIAM D. QUINTANA, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

PHILIP A. BRIMMER, District Judge.

This matter is before the Court on plaintiff William D. Quintana's complaint [Docket No. 1], filed on May 12, 2011. Plaintiff seeks review of the final decision of defendant Carolyn W. Colvin (the "Commissioner") denying plaintiff's claim for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act (the "Act"), 42 U.S.C. §§ 401-33 and 1381-83c.[1] The Court has jurisdiction to review the Commissioner's final decision under 42 U.S.C. § 405(g).

I. BACKGROUND

On December 13, 2007, plaintiff filed for disability benefits under Title II and Title XVI. R. at 9. Plaintiff alleged that he had been disabled since April 30, 2005. Id. After an initial administrative denial of his claim, plaintiff received a hearing before an Administrative Law Judge ("ALJ") on April 6, 2010. Id. On May 26, 2010, the ALJ issued a decision denying plaintiff's claim. Id. at 16.

The ALJ found that plaintiff had the following severe impairments: "degenerative disc disease of the lumbar spine and arthritis." R. at 12. The ALJ found that these impairments, alone or in combination, did not meet one of the regulations' listed impairments, id. at 12, and ruled that plaintiff had the residual functional capacity ("RFC") to:

[P]erform light work as defined in 20 C.F.R. § 404.1567(b) and 416.967(b) with the following limitations: claimant could lift or carry ten pounds frequently and 20 pounds occasionally; could stand and/or walk, with normal breaks, for a total of four hours in an eight hour workday; could sit, with normal breaks, for a total of four hours in an eight hour workday; could perform activities requiring bilateral manual dexterity for gross and find manipulation with handling and reaching but should avoid overhead reaching bilaterally; should avoid unprotected heights and moving machinery and could perform the postural activities of climbing, balancing, stooping, crouching, kneeling and crawling occasionally.

R. at 12. Based upon this RFC and in reliance on the testimony of the vocational expert ("VE"), the ALJ concluded that "there are jobs that exist in significant numbers in the national economy that the claimant can perform." R. at 15.

The Appeals Council denied plaintiff's request for a review of this denial. R. at 1. Consequently, the ALJ's decision is the final decision of the commissioner.

II. ANALYSIS

A. Standard of Review

Review of the Commissioner's finding that a claimant is not disabled is limited to determining whether the Commissioner applied the correct legal standards and whether the decision is supported by substantial evidence in the record as a whole. See Angel v. Barnhart, 329 F.3d 1208, 1209 (10th Cir. 2003). The district court may not reverse an ALJ simply because the court may have reached a different result based on the record; the question instead is whether there is substantial evidence showing that the ALJ was justified in her decision. See Ellison v. Sullivan, 929 F.2d 534, 536 (10th Cir. 1990). "Substantial evidence is more than a mere scintilla and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Flaherty v. Astrue, 515 F.3d 1067, 1070 (10th Cir. 2007). Moreover, "[e]vidence is not substantial if it is overwhelmed by other evidence in the record or constitutes mere conclusion." Musgrave v. Sullivan, 966 F.2d 1371, 1374 (10th Cir. 1992). The district court will not "reweigh the evidence or retry the case, " but must "meticulously examine the record as a whole, including anything that may undercut or detract from the ALJ's findings in order to determine if the substantiality test has been met." Flaherty, 515 F.3d at 1070. Nevertheless, "if the ALJ failed to apply the correct legal test, there is a ground for reversal apart from a lack of substantial evidence." Thompson v. Sullivan, 987 F.2d 1482, 1487 (10th Cir. 1993).

B. The Five-Step Evaluation Process

To qualify for disability benefits, a claimant must have a medically determinable physical or mental impairment expected to result in death or last for a continuous period of twelve months that prevents the claimant from performing any substantial gainful work that exists in the national economy. 42 U.S.C. § 423(d)(1)-(2). Furthermore,

[a]n individual 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 ...

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