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Shepherd v. Colvin

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

March 29, 2017

JERRY RAY SHEPHERD Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

          OPINION AND ORDER

          KAREN K. CALDWELL, CHIEF JUDGE

         The plaintiff Jerry Ray Shepherd brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision denying his claim for disability insurance benefits. The Court, having reviewed the record, will affirm the Commissioner's decision.

         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 Shepherd'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, e.g., Walters v. Comm'r of Soc. Sec., 127 F.3d 525, 529 (6th Cir. 1997).

         At step one, the ALJ determined that Shepherd has not engaged in substantial gainful activity since June 1, 2012, the alleged onset date. (Administrative Record (“AR”) at 23.)

         At step two, the ALJ determined that Ridge suffers from the following severe impairments: lumbago and right shoulder articular cartilage disorder. (AR at 23.)

         At step three, the ALJ found that Shepherd 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 24.)

         Before proceeding to step four, the ALJ determined that Shepherd has the residual functional capacity (RFC) to perform “a limited range of medium work” as defined by 20 C.F.R. § 404.1567(c) as follows:

[H]e can lift, carry, push and pull twenty five pounds frequently and fifty pounds occasionally; he can stand and walk for six hours in an eight hour day; he can sit for six hours in an eight hour day; he can frequently climb ramps and stairs, stoop, crouch and crawl; he can occasionally climb ladders, ropes, scaffolds; he should avoid concentrated exposure to extreme cold, humidity and vibrations; and he cannot use his upper right extremity to reach overhead.

(AR at 24.)

         At step four, the ALJ found that Shepherd is unable to perform any past relevant work. (AR at 27.)

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


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