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Moore v. Colvin

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

January 30, 2015

ALERIE LYNN MOORE, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

OPINION AND ORDER

KAREN K. CALDWELL, Chief District Judge.

The plaintiff Valerie Lynn Moore brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision denying her claim for Disability Insurance Benefits and Supplemental Security Income. The Court, having reviewed the record, will affirm the Commissioner's decision.

FACTUAL AND PROCEDURAL BACKGROUND

An Administrative Law Judge ("ALJ") denied Moore's claim (Administrative Record ("AR") at 10) and Moore now asks this Court to review that decision. This Court's review of the Commissioner's decision is limited to determining whether it "is supported by substantial evidence and was made pursuant to proper legal standards." Rabbers v. Comm'r Soc. Sec., 582 F.3d 647, 651 (6th Cir.2009).

In denying Moore's claim, the ALJ engaged in the five-step sequential process set forth in the regulations under the Social Security Act (the "Act"). 20 C.F.R. § 404.1520(a)-(e); see Walters v. Comm'r of Soc. Sec., 127 F.3d 525, 529 (6th Cir. 1997).

At step one, the ALJ determined that the claimant has not engaged in substantial gainful activity since July 8, 2008, the alleged onset date. (AR at 12).

At step two, the ALJ determined that Moore suffers from the following severe impairments: degenerative disc disease of the cervical spine, left carpal tunnel syndrome, left shoulder impairment, obesity, borderline intellectual functioning, and panic disorder with agoraphobia. (AR at 12.)

At step three, the ALJ found the claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments. (AR at 13.)

The ALJ determined that Moore has the residual functional capacity (RFC) to perform "light" work as defined by 20 C.F.R. § 404.1567(b) and 416.967(b) with the following limitations:

The claimant can lift/carry 20 pounds occasionally and 10 pounds frequently. She can stand and/or walk a total of 6 hours in an 8-hour workday, and she can sit a total of 6 hours in an 8-hour workday. She can stoop, kneel, crouch, or climb stairs/ramps no more than frequently. She should never climb ladders, ropes or scaffolds. She may only occasionally crawl. She may use her non-dominant left upper extremity no more than frequently for handling or fingering. The claimant should avoid concentrated exposure to full body vibration. Because of body habitus, she should avoid all hazards such as unprotected heights and dangerous machinery. The claimant also suffers with mental impairments, but she is able to: understand and remember simply work instructions and procedures requiring brief initial learning periods; sustain concentration, effort and pace for simple tasks requiring little independent judgment and involving minimal variations, and doing so at requisite schedules of work and breaks; interact as frequently as needed with coworkers and supervisors sufficiently for task completion, while having no more than occasional interaction with the public; and adapt adequately to situational conditions and changes with reasonable support and structure.

(AR at 16-17.)

At step four, the ALJ found that Moore is able to perform her past relevant work as a sedentary press operator and as a motel cleaner/housekeeper. (AR at 24.)

At step five, the ALJ determined that, given the described RFC, Moore could also perform jobs other than her past relevant work that exist in significant numbers in the national ...


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