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King v. Colvin

United States District Court, E.D. Kentucky, Central Division, Lexington

September 25, 2014

PAULINE L. KING, Plaintiff
v.
CAROLYN COLVIN, COMMISSIONER OF SOCIAL SECURITY, Defendant.

MEMORANDUM OPINION AND ORDER

HENRY R. WILHOIT, Jr., District Judge.

Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant denying Plaintiff's application for supplemental security income benefits. The Court having reviewed the record in this case and the dispositive motions filed by the parties, and being otherwise sufficiently advised, for the reasons set forth herein, finds that the decision of the Administrative Law Judge is supported by substantial evidence and should be affirmed.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Plaintiff filed her current application for supplemental security income benefits on August 30, 2010, initially alleging disability beginning on August 21, 2006, subsequently amended the date of onset to August 30, 2010. She alleges disability due to lumbago, lumbar spondylosis, lumbar degenerative joint disease, lumbar radiculitis, lumbar arthropathy, migraines and depression (Tr. 175).

This application was denied initially and on reconsideration (Tr. 65 and 97). An administrative hearing was conducted by Administrative Law Judge Gregory Varo (hereinafter "ALJ"), wherein Plaintiff, accompanied by counsel, testified. At the hearing, Laura Whitten, a vocational expert (hereinafter "VE"), also testified.

At the hearing, pursuant to 20 C.F.R. § 416.920, the ALJ performed the following five-step sequential analysis in order to determine whether the Plaintiff was disabled:

Step 1: If the claimant is performing substantial gainful work, he is not disabled.
Step 2: If the claimant is not performing substantial gainful work, his impairment(s) must be severe before he can be found to be disabled based upon the requirements in 20 C.F.R. § 416.920(b).
Step 3: If the claimant is not performing substantial gainful work and has a severe impairment (or impairments) that has lasted or is expected to last for a continuous period of at least twelve months, and his impairments (or impairments) meets or medically equals a listed impairment contained in Appendix 1, Subpart P, Regulation No. 4, the claimant is disabled without further inquiry.
Step 4: If the claimant's impairment (or impairments) does not prevent him from doing his past relevant work, he is not disabled.
Step 5: Even if the claimant's impairment or impairments prevent him from performing his past relevant work, if other work exists in significant numbers in the national economy that accommodates his residual functional capacity and vocational factors, he is not disabled.

On March 19, 2012, the ALJ issued his decision finding that Plaintiff was not disabled (Tr. 14-23).

Plaintiff was 44 years old at the time of the hearing decision. She has a GED. Her past relevant work experience consists of work as a parts assemble factory worker, video rental clerk, waitress / hostess, cashier and factory laborer.

At Step 1 of the sequential analysis, the ALJ found that Plaintiff had not engaged in substantial gainful activity since the ...


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