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PLAINTIFF’S RESPONSE TO DEFENDANT’S BRIEF IN SUPPORT OF THE COMMISSIONER’S DECISION
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Corey Bernell Richardson
34 West Red Bay Road
Sumter, SC 29150-7552
Phone
Email
Plaintiff in pro per
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
COREY BRENELL RICHARDSON,
Plaintiff,
vs.
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
Defendant
Case No.: 4:21-cv-03225-RBH-TER
PLAINTIFF’S RESPONSE TO
DEFENDANT’S BRIEF IN SUPPORT OF
THE COMMISSIONER’S DECISION
NOW COMES Corey Brenell Richardson, Plaintiff, and files this Response to
Defendant’s Brief in Support of the Commissioner’s Decision, and hereby avers as follows:
LEGAL BRIEF
i) Definition of Disability
The SSA Regime has its own definition of disability. To meet the SSA regime definition
of disability, one must not be able to engage in any substantial gainful activity (SGA) because of
a medically determinable physical or mental impairment(s) that is either:
i) Expected to result in death
ii) Has lasted or is expected to last for a continuous period of at least 12 months
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PLAINTIFF’S RESPONSE TO DEFENDANT’S BRIEF IN SUPPORT OF THE COMMISSIONER’S DECISION
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In the current case, the Plaintiff injured his right ankle while playing basketball when he
was stationed in Germany. He also dislocated his ankle and required closed reduction
intervention. Later in 2004, he stopped working owing to his chronic fatigue and depression that
persisted for approximately five or six years, arthritis, body pain and stiffness in his joints.
Further, the Plaintiff admits that he spent the majority of his days just reclining.
From the preceding, it is evident that the Plaintiff had both physical and mental
impairment that prevented him from engaging in gainful employment. The condition also
persisted for more than 12 months hence amounting to disability as defined under the SSA
statutory and regulatory scheme. Social Security should thus not ignore these facts in their
consideration for according the Plaintiff benefits.
Furthermore, in the case of Williams Overstreet v Astrue, 364 F. App’x 271, 271 (7 th
Cir. 2010), the Court held that the standard for disability claims under the Social Security Act is
stringent. The Act defines disability in terms of the effect of the impairment has on a person’s
ability to function in the workplace. Further, in the case of Heckler v Campbell, 461 U.S. 458,
459-60 (1983), the court held that to be eligible for disability benefits, the Plaintiff bears the
burden of showing not only that he has a medically determinable impairment, but that it is so
severe that it prevents him from engaging in his past relevant work or any other substantial
gainful activity that exists in the national economy. 42 U.S.C. 423 (D) (1) (A), (B).
Accordingly, the Plaintiff presented cogent and admissible evidence on his diagnosis of
fatigue and arthritis hence a demonstration of disability. Moreover, he presented evidence on his
inability to work owing to his conditions for a period of more than four years thus he ought to be
accorded the security benefits.
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PLAINTIFF’S RESPONSE TO DEFENDANT’S BRIEF IN SUPPORT OF THE COMMISSIONER’S DECISION
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Furthermore, as held in Gross v Heckler, 785 F. 2d 1163, 166 (4 th Cir. 1986), the mere
presence of medical impairments is insufficient to establish disability under the Act. Rather, to
be disabling, an impairment or combination of impairments must be so functionally limiting as to
preclude or be expected to preclude any substantial gainful activity for twelve consecutive
months. The court in Payne v Sullivan, 946 F. 2d 1081, 1084 (4 th Cir. 1991) (noting with
approval the ALJ’s finding that the record as a whole failed “to demonstrate an inability to
engage in work activity for a continuous period of at least 12 months) expressly stated “An
impairment is not necessarily disabling. There must be a showing of related functional loss.
Additionally, in the case of Green v Astrue, 3:10CV764, 2011 WI. 5593148, at *4 (E.D.
Va. Oct. 11, 2011) (citing Hays v Sullivan, 907 F. 2d 1453, 1457-58 (4 th Circ. 1990)) the court
stated “An individual does not have to be pain-free in order to be found ‘not disabled.’”’
Therefore, the contention by the government that the Plaintiff was not fully disabled does not
stand. Despite the Plaintiff not being rendered entirely disabled by his condition, his mental and
physical impairment comprising of fatigue and arthritis, respectively, amounts to a state that
disabled his functionality. The Plaintiff is thus entitled to social security benefits like an entirely
disabled person would.
ii) Definition of Gainful Activity
Moreover, the SSA statutory and regulatory scheme uses the term “substantial gainful
activity” to describe a level of work activity and earnings. Work is “substantial” if it involves
doing significant physical or mental activities or a combination of both. For work activity to be
substantial, it does not need to be performed on a full-time basis. Work activity performed on a
part-time basis may also be SGA.
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PLAINTIFF’S RESPONSE TO DEFENDANT’S BRIEF IN SUPPORT OF THE COMMISSIONER’S DECISION
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“Gainful” work activity may include:
i) Work performed for pay or profit.
ii) Work of a nature generally performed for pay or profit.
iii) Work intended for profit, whether or not a profit is realized.
SGA is used as one of the factors to decide if one is eligible for disability benefits. If one
receives Social Security Disability Insurance (SSDI) benefits, SGA is used to decide if the
eligibility for benefits continues after one returns to work and completes one’s Trial Work Period
(TWP). If one receives SSI benefits based on disability, different standards are applied to
determine if one’s eligibility for benefits should continue.
Accordingly, the Plaintiff states that having being diagnosed with arthritis and fatigue, he
just lounged around and watched TV all day. The preceding thus does not meet the threshold of
the definition of gainful employment. Further, his activities do not meet the aspect of being
substantial and gainful hence not considered work. The Plaintiff’s activities performed at home
like cleaning could also not be considered to amount to gainful employment since he did not get
any profit from the said activities.
Accordingly, the ALJ did not keenly consider the Plaintiff’s statements concerning his
impairments and evidence of his daily functioning (Tr. 847, 858-59). Precisely, the ALJ
disregarded the Plaintiff’s testimony that this conditions worsened after 2005 (Tr. 847; see Tr.
954 (stating that his pain “was bad back then, but it’s gotten worse now. A few years after that
(the period between 2004 and 2005) it’s gotten worse”)). The ALJ, also failed to acknowledge
the significance of the evidence showing the at the Plaintiff was only able to perform light
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PLAINTIFF’S RESPONSE TO DEFENDANT’S BRIEF IN SUPPORT OF THE COMMISSIONER’S DECISION
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activities such as household chores, preparing meals, shopping in stores, attending church, and
performing other daily living activities (Tr. 61, 65, 858-59, 949-51).
Other light activities performed by the Plaintiff include caring for his mother by helping
out of bed onto the couch or into the bathroom to take a bath. He, however, stopped performing
the preceding activities around 2005 and 2006 after diagnosis of the mental and physical
condition. Given such impairment preventing him from taking part in gainful employment, the
Plaintiff is entitled to social security benefits.
iv) Fitness to get benefits under Social Security
Under the Social Security disability insurance program (title II of the Act), there are three
basic categories of individuals who can qualify for benefits on the basis of disability:
a) A disabled insured worker less than full retirement age.
b) An individual disabled since childhood (before age 22) who is a dependent of a
parent entitled to title II disability or retirement benefits or was a dependent of a deceased
insured parent.
c) A disabled widow or widower, age 50-60 if the deceased spouse was insured
under Social Security.
Under title XVI, or SSI, adults and children under age 18 who have limited income and
resources can receive payments based on disability or blindness.
Since the Plaintiff was initially an insured worker and is yet to attain retirement age, he is
fit to be accorded benefits under social security.
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Further, there is a standard mechanism of determining disability. SSA’s regulations
provide a procedure known as the "sequential evaluation process" for disability evaluation. For
adults, this is a five-step process that requires sequential review of:
a) the claimant’s current work activity (if any),
b) the severity of his or her impairment(s),
c) a determination of whether his or her impairment(s) meets or medically equals a
listing (see Part III of this guide),
d) the claimant’s ability to perform his or her past relevant work, and
e) his or her ability to do other work based on age, education, and work experience.
Accordingly, the Plaintiff lacks a gainful work activity currently, his mental and physical
impairment is severe, and his condition disables him from working. He is thus fit to be accorded
the social security benefits.
v) The right of appeal
If an individual disagrees with the initial determination in the case, he or she may appeal
it. Usually, the first administrative appeal is a reconsideration. At the reconsideration appeal
level, generally the case is reviewed at the State level by an adjudicative team that was not
involved in the original determination. If dissatisfied with the reconsideration determination, the
individual may request a hearing before an administrative law judge. If the individual is
dissatisfied with the hearing decision, he or she may request review by the Appeals Council. In
general, a claimant has 60 days to appeal an unfavorable determination or decision. Appeals
must be filed in writing and may be submitted by mail, in person to any Social Security office, or
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online where available. After an individual has completed the administrative appeals process, he
or she may seek judicial review by filing a civil action in Federal district court.
The Plaintiff, being dissatisfied with the decision of the ALJ, and District Court of South
Carolina is thus entitled to appeal the decision. Plaintiff respectfully requests this Court to
reverse the decision of the ALJ.
Dated this ____ day of July, 2022.
Respectfully Submitted,
______________________________
Corey Brenell Richardson,
Plaintiff in pro per
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