United States District Court, D. Delaware
before the Court is Plaintiffs Motion to Alter or Amend
Judgment Pursuant to Rule 59(e) of the Federal Rules of Civil
Procedure. (D.I. 20). The parties have briefed the issue.
(D.I. 20, 21). For the reasons set out below, Plaintiffs
motion is DENIED.
action arises from the denial of Ms. Edna Jopson's claim
for Disability Insurance Benefits ("DIB") under
Title II of the Social Security Act. 42 U.S.C. §§
401-33. Ms. Jopson filed her application for DIB in October
2001, alleging disability due to fibromyalgia and depression
since April 25, 2001. (D.I. 6 at 170-75). After a denial in
2002 (id. at 160-69), Ms. Jopson refiled her DIB
claim in February 2004. (Id. at 176-78). Ms.
Jopson's DIB claim was again denied. As a result, she
requested and was granted a hearing before an Administrative
Law Judge ("ALJ") on April 12, 2005. (Id.
at 264). The ALJ ruled against Ms. Jopson. (Id. at
77). The Appeals Council denied Ms. Jopson's request for
review in December 2005. (Id. at 120, 308).
Jopson then filed an appeal to this Court. In September 2007,
the Court remanded Ms. Jopson's case to the Commissioner
of the Social Security Administration. Jopson v.
Astrue, 517 F.Supp.2d 689, 699-700 (D. Del. 2007).
Following remand, in August 2008, the ALJ again found that
Ms. Jopson was not disabled. (D.I. 6 at 47). In September
2010, the Appeals Council denied Ms. Jopson's appeal from
that decision. (Id. at 6-8).
Jopson again appealed the decision to this Court seeking
review of the Commissioner's final decision denying her
DIB claim. (D.I. 1). On September 16, 2015, the Court granted
the Commissioner's cross-motion for summary judgment.
(D.I. 19). Presently, Ms. Jopson requests that the Court
alter or amend its order granting summary judgment to
Defendant. (D.I. 20).
purpose of a motion for reconsideration is to "correct
manifest errors of law or fact or to present newly discovered
evidence." Max's Seafood Cafe v. Quinteros,
176 F.3d 669, 677 (3d Cir. 1999). "A proper Rule 59(e)
motion ... must rely on one of three grounds: (1) an
intervening change in controlling law; (2) the availability
of new evidence; or (3) the need to correct a clear error of
law or prevent manifest injustice." Lazaridis v.
Wehmer, 591 F.3d 666, 669 (3d Cir. 2010).
Jopson was born on July 26, 1953. Jopson, 517
F.Supp.2d at 691. She has a high school education and past
work experience as a bus driver and waitress. Id.
She was forty-seven years old at her alleged onset date of
disability of April 25, 2001. (D.I. 6 at 234).
2008 decision, the ALJ found that Ms. Jopson had multiple
severe impairments.Specifically, the ALJ found that Ms. Jopson
suffered from: "fibromyalgia, depression, anxiety, and
cervical and lumbar degenerative disc disease."
(Id. at 30; cf. Id. at 76 (2005 opinion
finding only fibromyalgia, depression and cervical
degenerative disc disease)).
the limitations presented by these impairments, the ALJ made
the following Residual Functional Capacity (RFC) finding:
After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform simple, unskilled, light work
as defined in 20 CFR 404.1567(b) except that she could lift
20 pounds occasionally, 10 pounds frequently, sit for 6 hours
in an 8 hour day, stand or walk for 6 hours in an 8 hour day,
occasionally climbing, balancing, stooping, crouching,
crawling, and kneeling, and avoiding concentrated exposure to
extreme cold and hazards.
(Id. at 37; see also Id. at 76 (2005 RFC
relied on her RFC finding to develop a Vocational Expert (VE)
hypothetical. (See Id. at 46). The hypothetical
posed by the ALJ was:
[I]f we were to consider a hypothetical person who is about
the claimant's stated age at onset, 47 years, 12th grade
education, the work history that you cited. This individual
has certain underlying impairments that cause limitations.
This person, although semiskilled work background, is limited
to simple, unskilled work at a light level of exertion with
all of the posturals occasional and avoiding concentrated
exposure to extremes in cold and to ...