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Carroll v. Colvin

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

March 28, 2017

ORA ANN CARROLL O/B/O Martiki Faye Cron, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

          OPINION AND ORDER

          KAREN K. CALDWELL, CHIEF JUDGE

         The plaintiff Ora Ann Carroll brings this action on behalf of Martiki Faye Cron pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision denying Cron's claim for supplemental security income disability benefits. The Court, having reviewed the record, will remand this matter to the Commissioner for further consideration.

         FACTUAL AND PROCEDURAL BACKGROUND

         This Court's review of the decision by the Administrative Law Judge (“ALJ”) 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 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, e.g., Walters v. Comm'r of Soc. Sec., 127 F.3d 525, 529 (6th Cir. 1997).

         At step one, the ALJ determined that Cron has not engaged in substantial gainful activity since April 26, 2012, the application date. (Administrative Record (“AR”) at 13.)

         At step two, the ALJ determined that Cron suffers from the following severe impairments: lumbralgia, borderline intellectual functioning (BIF), obesity, idiopathic juvenile arthritis, and irritable bowel syndrome. (AR at 13.)

         At step three, the ALJ found that Cron did not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (AR at 15.)

         Before proceeding to step four, the ALJ determined that Cron has the residual functional capacity (RFC) to perform a range of medium work as defined by 20 C.F.R. §§ 416.967(c) as follows:

[S]he can lift, carry, push or pull 25 pounds frequently and 50 pounds occasionally. She can stand and walk for six hours out of an eight hour day and sit six hours out of an eight-hour workday. She should never climb ladders and should avoid all hazards (unprotected heights, uneven surfaces, inherently dangerous machinery). She should not squat or crawl. She can understand, remember, and carryout routine, simple tasks; sustain attention and concentration for two hour[] periods; make simple work decisions; relate adequately to supervisors coworkers, and the public in an object focused setting; and adapt to expected routine task demands.

(AR at 17.)

         At step four, the ALJ found that Cron is unable to perform any past relevant work. (AR at 21-22.)

         At step five, the ALJ determined that, considering the RFC described above and Cron's age, education, and work experience, she can perform jobs that exist in significant numbers in the ...


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