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Hall v. Colvin

United States District Court, E.D. Kentucky, Southern Division, Pikeville

May 18, 2015

DESIREE HALL, for GEORGE HALL, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

OPINION AND ORDER

KAREN K. CALDWELL, Chief District Judge.

The plaintiff Desiree Hall brings this action on behalf of George Hall pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision denying George Hall's claim for Disability Insurance Benefits. George Hall committed suicide sometime after the ALJ issued his decision. The Court, having reviewed the record, will affirm the ALJ's decision.

FACTUAL AND PROCEDURAL BACKGROUND

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 Mr. Hall'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 Mr. Hall had not engaged in substantial gainful activity since January 15, 2010. (AR at 11.)

At step two, the ALJ determined that Mr. Hall suffered from the following severe impairments: chronic obstructive pulmonary disorder, degenerative disc disease of the cervical and lumbar spine, depression and anxiety. (AR at 11.)

At step three, the ALJ found Mr. Hall did not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments. (AR at 12.)

The ALJ determined that Mr. Hall had the residual functional capacity (RFC) to perform "medium" work and that he could lift and carry 20 pounds frequently and 50 pounds occasionally. The ALJ also determined:

The claimant can stand and walk continuously more than five hours or more than a total of seven hours in an eight-hour day. He can sit more than four hours continuously or more than five hours in an eight-hour day. The claimant can frequently do overhead work. The claimant must avoid hazards such as heights and dangerous machinery. The claimant must avoid exposure to poor ventilation or extremes of dust, humidity or temperatures. The claimant can understand, remember, and carry out simple instructions. The claimant can only work in a low stress job with occasional decision making required and only occasional changes in the work setting. He can have occasional interaction with the public.

(AR at 15.)

At step four, the ALJ found that Mr. Hall was unable to perform any of his past relevant. (AR at 22.)

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


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