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Baile v. Colvin

United States District Court, D. Arizona, Prescott Division

December 1, 2014

CHRISTOPHER PATRICK BAILE, Plaintiff,
v.
CAROLYN W. COLVIN, acting Commissioner of Social Security Administration, Defendant

For Christopher Patrick Baile, Plaintiff: Mark Ross Caldwell, LEAD ATTORNEY, Caldwell & Ober PLLC, Phoenix, AZ.

For Carolyn W Colvin, Acting Commissioner of Social Security Administration, Defendant: Jessica Milano, LEAD ATTORNEY, Social Security Administration - Denver, CO, Office of the General Counsel Region VIII, Denver, CO; Michael A Johns, LEAD ATTORNEY, U.S. Attorney's Office, Phoenix, AZ.

ORDER

H. Russel Holland, United States District Judge.

This is an action for judicial review of the denial of disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. § § 401-434, 1381-1383f. Plaintiff has timely filed his opening brief, [1] to which defendant has responded.[2] Oral argument was not requested and is not deemed necessary.

Procedural Background

Plaintiff is Christopher Patrick Baile. Defendant is Carolyn W. Colvin, acting Commissioner of Social Security.

On August 30, 2009, plaintiff filed an application for disability benefits under Title II of the Social Security Act and on August 24, 2009, he filed an application for supplemental security income under Title XVI. In both applications, plaintiff alleged that he became disabled on October 17, 2008. Plaintiff alleged that he was disabled because of mental illness. Plaintiff's applications were denied initially and upon reconsideration. After a hearing on April 11, 2012, an administrative law judge (ALJ) denied plaintiff's claims. On July 17, 2013, the Appeals Council denied plaintiff's request for review, thereby making the ALJ's February 1, 2012 decision the final decision of the Commissioner. On September 10, 2013, plaintiff commenced this action in which he asks the court to find that he is entitled to disability benefits.

General Background

Plaintiff was born on October 25, 1974. He was 37 years old at the time of the hearing. Plaintiff has a high school education. Plaintiff lives with his parents. Plaintiff's past relevant work includes general labor and general factory work.

The ALJ's Decision

The ALJ first determined that plaintiff met " the insured status requirements of the Social Security Act through December 31, 2013." [3] The ALJ then applied the five-step sequential analysis used to determine whether an individual is disabled.[4]

At step one, the ALJ found that plaintiff had " not engaged in substantial gainful activity since October 17, 2008, the alleged onset date...." [5] At step two, the ALJ found that plaintiff had " the following severe impairments: schizoaffective disorder not other specified (NOS), generalized anxiety disorder, and obsessive-compulsive disorder...." [6]

At step three, the ALJ found that plaintiff did " not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1...." [7] The ALJ specifically considered Listings 12.03 (schizophrenic, paranoid and other psychotic disorders) 12.04 (affective disorders) and 12.06 (anxiety-related disorders).[8] The ALJ also considered whether plaintiff met the " paragraph B" criteria and concluded that he did not because he had only a mild degree of limitation in activities of daily living; mild to moderate ...


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