United States District Court, E.D. Kentucky, Southern Division, London
OPINION AND ORDER
KAREN K. CALDWELL, Chief District Judge.
The plaintiff Jessie McKinney brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision denying his claim for Supplemental Security Income. The Court, having reviewed the record, will affirm the Commissioner's decision.
FACTUAL AND PROCEDURAL BACKGROUND
This is the second time this McKinney's claim has come before a federal district court. An Administrative Law Judge ("ALJ") initially denied McKinney's claim on July 28, 2010 (Administrative Record ("AR") at 10). McKinney appealed that decision to the United States District Court and, by an opinion dated July 5, 2012, Judge Amul Thapar remanded the case to the Commissioner finding that the ALJ had failed to address medical evidence that McKinney has trouble performing work at a normal pace. (AR at 413.). The ALJ held a second hearing and issued a second decision denying benefits on April 15, 2013. (AR at 374.) McKinney 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 McKinney'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 May 7, 2009, the application date. (AR at 379.)
At step two, the ALJ determined that McKinney suffers from the following severe impairments: cervical spine degenerative disc disease, lumbar spine degenerative disc disease, borderline intellectual functioning, depressive disorder, somatoform disorder, substance addiction in remission, and functional illiteracy. (AR at 379.)
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 381.)
The ALJ determined that McKinney has the residual functional capacity (RFC) to perform medium work as defined in 20 CFR 416.967(c) except for:
a limited but satisfactory ability for simple instructions presented orally; maintaining personal appearances; demonstrating reliability; maintaining attention and concentration; interacting with supervisors; relating to coworkers; and following work rules. The claimant would also have a seriously limited ability in dealing with the public; using judgment; dealing with work stress; functioning independently; behaving in an emotionally stable manner; and relating predictably in social situations. Additionally, the claimant should not be subject to high production rate or quota demands and is limited to settings accommodating second or third grade literacy level. He has no useful ability carrying out detailed or complex instructions.
(AR at 383.)
At step four, the ALJ found that McKinney does not have any past relevant work. (AR at 385.)
At step five, the ALJ determined that, given the described RFC, there are jobs that exist in significant numbers in the national economy that McKinney could perform ...