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.

Dill v. Berryhill

United States District Court, D. South Carolina

August 17, 2018

DAVID DILL, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          REPORT AND RECOMMENDATION

          BRISTOW MARCHANT, UNITED STATES MAGISTRATE JUDGE

         The Plaintiff filed the complaint in this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner wherein he was denied disability benefits. This case was referred to the undersigned for a report and recommendation pursuant to Local Civil Rule 73.02(B)(2)(a)(D.S.C.).

         Plaintiff applied for Disability Insurance Benefits (DIB) on March 10, 2014, alleging disability beginning September 10, 2013 due to post-traumatic stress disorder (PTSD), depression, anxiety, fatigue, diabetes, high cholesterol, nerve damage from being shot, and severe diarrhea. (R.pp. 149-150, 173, 212, 214). Plaintiff's claim was denied both initially and upon reconsideration. Plaintiff then requested a hearing before an Administrative Law Judge (ALJ), which was held on April 6, 2016. (R.pp. 34-60). In a prehearing brief, Plaintiff amended his alleged onset date from September 10, 2013 to January 26, 2014. (R.pp. 347-350). The ALJ thereafter denied Plaintiff's claim in a decision dated June 10, 2016. (R.pp. 8-33). The Appeals Council denied Plaintiff's request for a review of the ALJ's decision, thereby making the determination of the ALJ the final decision of the Commissioner. (R.pp. 1-5). Plaintiff then filed this action in United States District Court. Plaintiff asserts that there is not substantial evidence to support the ALJ's decision, and that the decision should be reversed and remanded to the Commissioner for further consideration of his claim. The Commissioner contends that the decision to deny benefits is supported by substantial evidence, and that Plaintiff was properly found not to be disabled.

         Scope of review

         Under 42 U.S.C. § 405(g), the Court's scope of review is limited to (1) whether the Commissioner's decision is supported by substantial evidence, and (2) whether the ultimate conclusions reached by the Commissioner are legally correct under controlling law. Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990); Richardson v. Califano, 574 F.2d 802, 803 (4th Cir. 1978); Myers v. Califano, 611 F.2d 980, 98 2-983 (4th Cir. 1980). If the record contains substantial evidence to support the Commissioner's decision, it is the court's duty to affirm the decision. Substantial evidence has been defined as:

evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance. If there is evidence to justify refusal to direct a verdict were the case before a jury, then there is “substantial evidence.” [emphasis added].

Hays, 907 F.2d at 1456 (citing Laws v. Celebrezze, 368 F.2d 640 (4th Cir. 1966)); see also Hepp v. Astrue, 511 F.3d 798, 806 (8th Cir. 2008)[Nothing that the substantial evidence standard is even “less demanding than the preponderance of the evidence standard”].

         The Court lacks the authority to substitute its own judgment for that of the Commissioner. Laws, 368 F.2d at 642. “[T]he language of [405(g)] precludes a de novo judicial proceeding and requires that the court uphold the [Commissioner's] decision even should the court disagree with such decision as long as it is supported by substantial evidence.” Blalock v. Richardson, 483 F.2d 773, 775 (4th Cir. 1972).

         Medical Records[1]

         Plaintiff's medical records include the following diagnoses: On October 29, 2013, Dr. Adam D. Scher diagnosed Plaintiff with diabetes I uncomplicated, GERD, chronic diarrhea, and PTSD. (R.pp. 367-370). On November 19, 2013, Dr. Scher diagnosed Plaintiff with diabetes type I, PTSD, chronic diarrhea and hyperlipidemia. (R.pp. 364-366). On December 13, 2013, Ellen A. Norman, PA-C, of GA Gastroenterology diagnosed Plaintiff with chronic diarrhea, history of colon polyps, uncontrolled insulin dependent diabetes mellitus, dysphagia, and Barrett's esophagus. (R.pp. 383-389). On December 23, 2013 and on February 17, 2014, Dr. Scher diagnosed Plaintiff with diabetes type I, hyperlipidemia, anxiety, chronic diarrhea, and PTSD.[2] (R.pp. 355-357, 361-363). On April 16, 2014, Dr. Scher diagnosed Plaintiff with diabetes type I, chronic diarrhea, PTSD, dyspnea on exertion, chest pain, and fatigue. (R.pp. 397-400). On June 17, 2014, Dr. Tony Goodbar diagnosed Plaintiff with PTSD, major depression, single episode, moderate, and assigned Plaintiff a GAF score of 60.[3] (R.pp. 409-410). On July 14, 2014, Dr. Goodbar diagnosed Plaintiff with PTSD and major depression. (R.pp. 453-454).

         On July 16, 2014, Bruce A. Kofoed, Ph.D. performed a consultative examination of the Plaintiff at the Commissioner's request and diagnosed him with probable PTSD v. anxiety not otherwise specified, depressive disorder not otherwise specified, a gunshot wound to the hand and the throat during a bank robbery in 2008 in which he was a bystander, [4] diabetes, frequent gastrointestinal distress, and diarrhea. (R.pp. 411-415).

         On October 13, 2014, November 3, 2014, December 9, 2014, February 5, 2015, and March 10, 2015, Dr. Goodbar diagnosed Plaintiff with PTSD and major depression. (R.pp. 455-456, 459-460, 464-465, 468-469). On February 5, 2015, and June 9, 2015, Dr. Goodbar diagnosed Plaintiff with PTSD and depression, moderate. (R.pp. 466-467, 470-471).

         On June 10, 2015, Ali L. Whitten, a physician's assistant at Travelers Rest Family Medicine, diagnosed Plaintiff with uncontrolled diabetes type I, PTSD, hyperlipidemia, hypertension, gastroesophageal reflux disease, vitamin D deficiency, diabetic neuropathy, and insomnia. (R.pp. 515-519). On July 9, 2015, Ms. Whitten diagnosed Plaintiff with uncontrolled diabetes type I and diabetic neuropathy. (R.pp. 512-514).

         On August 5, 2015, January 21, 2016, and February 18, 2016, Dr. Goodbar diagnosed Plaintiff with PTSD and major ...


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.