Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Turner v. Berryhill

United States District Court, S.D. Indiana, Indianapolis Division

March 22, 2017

HAROLD W. TURNER, Plaintiff,
v.
NANCY A. BERRYHILL Acting Commissioner of the Social Security Administration, Defendant.

          ENTRY ON JUDICIAL REVIEW

          LARRY J. McKINNEY, JUDGE

         Plaintiff Harold W. Turner requests judicial review of the final decision of Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (the “Commissioner”), who denied Turner's applications for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) benefits under titles II and XVI of the Social Security Act, 42 U.S.C. §§ 416, 423, & 1382c.

         I. BACKGROUND[1]

         A. PROCEDURAL HISTORY

         In June 2013, Turner filed claims for DIB and SSI, alleging disability beginning in January 2013. R. at 11, 285-94. The Commissioner initially denied Turner's claims and upon reconsideration. R. at 157-60, 169-83. Turner sought appeal and requested a hearing before an Administrative Law Judge (“ALJ”). R. at 184-88. In May 2015, Turner, represented by counsel, testified at a hearing in front of an ALJ, as did a vocational expert (“VE”). R. at 31-88. On July 2015, the ALJ concluded that Turner was not disabled because he retained the residual functional capacity (“RFC”) to perform a reduced range of light work, including a significant amount of other jobs that existed in the national economy. R. at 11-25.

         In August 2015, Turner sought review of the ALJ's decision, which was denied by the Appeals Council in June 2016 and rendered the ALJ's decision the final decision of the Commissioner. R. at 1-7, 394. See 20 C.F.R. §§ 404.981, 416.1481. Turner filed the instant appeal pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).

         II. STANDARD

         To be eligible for DIB or SSI, [2] a claimant must have a disability under 42 U.S.C. § 423. “Disability” means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that has lasted or can be expected to last for a continuous period of not less than twelve months. 42 U.S.C. § 423 (d)(1)(A). To determine whether or not a claimant is disabled, the ALJ applies a five-step process set forth in 20 C.F.R. § 404.1520(a)(4):

I. If the claimant is employed in substantial gainful activity, the claimant is not disabled.
II. If the claimant does not have a severe medically determinable physical or mental impairment or combination of impairments that meets the duration requirement, the claimant is not disabled.
III. If the claimant has an impairment that meets or is equal to an impairment listed in the appendix to this section and satisfies the duration requirement, the claimant is disabled.
IV. If the claimant can still perform the claimant's past relevant work given the claimant's residual functional capacity, the claimant is not disabled.
V. If the claimant can perform other work given the claimant's residual functional capacity, age, education, and experience, the claimant is not disabled.

         The burden of proof is on the claimant for the first four steps, but then it shifts to the Commissioner at the fifth step. See Young v. Sec'y of Health & Human Servs., 957 F.2d 386, 389 (7th Cir. 1992).

         The Social Security Act, specifically 42 U.S.C. § 405(g), provides for judicial review of the Commissioner's denial of benefits. When the Appeals Council denies review of the ALJ's findings, the ALJ's findings become findings of the Commissioner. See Craft v. Astrue, 539 F.3d 668, 673 (7th Cir. 2008); Hendersen v. Apfel, 179 F.3d 507, 512 (7th Cir. 1999). This Court will sustain the ALJ's findings if they are supported by substantial evidence. 42 U.S.C. § 405(g); Craft, 539 F.3d at 673; Nelson v. Apfel, 131 F.3d 1228, 1234 (7th Cir. 1999). “Substantial evidence is ‘such evidence as a reasonable mind might accept as adequate to support a conclusion.'” Craft, 539 F.3d at 673 (quoting Barnett v. Barnhart, 381 F.3d ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.