United States District Court, E.D. Kentucky, Central Division
SARA C. FORBES, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
OPINION AND ORDER
K. CALDWELL, CHIEF JUDGE
Sara C. Forbes brings 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.
The Court, having reviewed the record, will remand this
matter to the Commissioner for further consideration.
Procedural background and the administrative
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. Admin., 582 F.3d 647, 651 (6th Cir.
2009) (internal quotation marks omitted).
was born in June 1977 and sought disability insurance
benefits for bipolar disorder, attention deficit
hyperactivity disorder, and fibromyalgia. (Administrative
Record (“AR”) at 62). In denying her claim, the
ALJ engaged in the five-step sequential process set forth in
the regulations under the Social Security 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.
one, the ALJ determined that Forbes has not engaged in
substantial gainful activity since February 16, 2012. (AR at
two, the ALJ found that Forbes has the following severe
impairments: disorders of the spine, fibromyalgia, and
affective disorders. (AR at 12).
three, the ALJ found that Forbes 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 13).
proceeding to step four, the ALJ determined that Forbes has
the residual functional capacity (“RFC”) to
perform medium work as defined in 20 C.F.R. 404.1576(c)
the claimant can stand and walk for only six hours total in
an eight-hour workday; claimant can sit for only six hours
total in an eight-hour workday; claimant can only frequently
climb ladders, ropes and scaffolds; claimant can only
frequently stoop, kneel, crouch, and crawl; claimant can only
frequently reach overhead bilaterally; work is limited to
simple, routine and repetitive tasks performed in a work
environment free of fast paced production requirements
involving only simple, work-related decisions and with few,
if any, work place changes; claimant should have only
occasional interaction with the general public, only
occasional interaction with co-workers and only occasional
(AR at 14).
four, the ALJ found that Forbes is capable of performing past
relevant work as a material coordinator, file clerk, store
laborer, waitress, data entry clerk, and court clerk. (AR at
alternative, at step five, the ALJ determined that,
considering the RFC described above and Forbes' age,
education, and work experience, Forbes can perform jobs that
exist in significant numbers in the national economy, and
thus, she is not disabled. (AR at 19).
Appeals Council denied Forbes' request for review. (AR at
1). Forbes then ...