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.

Grimes v. Berryhill

United States District Court, D. Maryland

September 4, 2018

ANDREW GRIMES, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.[1]

          MEMORANDUM OPINION GRANTING PLAINTIFF'S ALTERNATIVE MOTION FOR REMAND

          Thomas M. DiGirolamo United States Magistrate Judge.

         Plaintiff Andrew Grimes seeks judicial review under 42 U.S.C. §§ 405(g) and 1383(c)(3) of a final decision of the Commissioner of Social Security (“Defendant” or the “Commissioner”) denying his applications for disability insurance benefits (“DIB”) and for Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act. Before the Court are Plaintiff's Motion for Summary Judgment and alternative motion for remand (ECF No. 19) and Defendant's Motion for Summary Judgment (ECF No. 20).[2] Plaintiff contends that the administrative record does not contain substantial evidence to support the Commissioner's decision that he is not disabled. No. hearing is necessary. L.R. 105.6. For the reasons that follow, Plaintiff's alternative motion for remand (ECF No. 19) is GRANTED.

         I

         Background

         Born in 1962, Plaintiff has a high-school education and previously worked as a dental equipment repair technician. R. at 236, 241. Plaintiff protectively filed applications for DIB and for SSI on October 19, 2012, alleging disability beginning on August 5, 2010. R. at 19, 208-23. The Commissioner denied Plaintiff's applications initially and again on reconsideration, so Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). R. at 69-145. On April 14, 2016, ALJ Donna M. Edwards held a hearing in Baltimore, Maryland, where Plaintiff and a vocational expert (“VE”) testified. R. at 37-64. On June 21, 2016, the ALJ issued a decision finding Plaintiff not disabled from the alleged onset date of disability of August 5, 2010, through the date of the decision. R. at 16-36. Plaintiff sought review of this decision by the Appeals Council, which denied Plaintiff's request for review on May 3, 2017. R. at 1-8, 205-07. The ALJ's decision thus became the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481; see also Sims v. Apfel, 530 U.S. 103, 106-07, 120 S.Ct. 2080, 2083 (2000).

         On June 29, 2017, Plaintiff filed a complaint in this Court seeking review of the Commissioner's decision. Upon the parties' consent, this case was transferred to a United States Magistrate Judge for final disposition and entry of judgment. The case then was reassigned to the undersigned. The parties have briefed the issues, and the matter is now fully submitted.

         II

         Summary of Evidence

         A. Plaintiff's Testimony

         The ALJ reviewed Plaintiff's testimony in her decision:

[Plaintiff] testified that he drives but not more than an hour. He stated that his legs get numb after an hour. He stated that his old job required a lot of driving. He is able to read, write and perform simple math. He was in the army for two years. He worked in the past as a dental repair technician. He stopped work in 2010. He stopped working after his surgery. He sometimes had to lift 110 pounds. He stated that he had a surgery that did not go well in an attempt to open his femoral artery. He stated that he has to walk a mile every day to keep the left leg moving. He stated that he takes a blood thinner and has pain in his feet. He takes 2-3 naps a day. He stated that he has daily panic attacks and does not deal well with people. He used to take an antidepressant.

R. at 25; see R. at 41-53.

         B. VE Testimony

         The VE testified that, if Plaintiff had the residual functional capacity (“RFC”) outlined below in Part III, he could not perform his past work but could perform the light, unskilled jobs of housekeeper, hand packer, or machine feeder.[3] R. ...


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.