GAY v. ASTRUE
United States District Court, M.D. Alabama, Northern Division.
STEP (1) Is the person presently unemployed?
The burden of proof rests on a claimant through Step 4. Claimants establish a prima facie case of qualifying disability once they meet the burden of proof from Step 1 through Step 4. At Step 5, the burden shifts to the Commissioner, who must then show there are a significant number of jobs in the national economy the claimant can perform.
Gay’s medical records are spotty. The first submitted records show Gay was injured in a motor vehicle accident on February 6, 2007, was hospitalized and discharged on February 10, 2007. The accident occurred when Gay ran a red light while intoxicated and struck another car. Gay was admitted to the hospital on a ventilator and placed in the intensive care unit. Gay sustained a pulmonary contusion and subarachnoid hemorrhage from the wreck, but was neurologically intact, awake, alert and able to move all extremities. He made good progress over the next few days and was discharged on February 10, 2007. The next records show Gay received medication management for hypertension while incarcerated in the Coffee County Jail in March and April of 2010.