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Richardson v. Berryhill

United States District Court, W.D. Kentucky, Bowling Green Division

March 31, 2017

MICHELLE BUNCH RICHARDSON PLAINTIFF
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security DEFENDANT

          MEMORANDUM, OPINION AND ORDER

          H. Brent Brennenstuhl United States Magistrate Judge

         BACKGROUND

         Before the Court is the complaint (DN 1) of Plaintiff Michelle Bunch Richardson seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. § 405(g). Both the Plaintiff (DN 13) and Defendant (DN 16) have filed a Fact and Law Summary.

         Pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73, the parties have consented to the undersigned United States Magistrate Judge conducting all further proceedings in this case, including issuance of a memorandum opinion and entry of judgment, with direct review by the Sixth Circuit Court of Appeals in the event an appeal is filed (DN 9). By Order entered September 21, 2016 (DN 10), the parties were notified that this Court would not hold oral arguments unless the parties submitted a written request, and the request were granted. No party filed such a request.

         FINDINGS OF FACT

         Plaintiff filed an application for Supplement Security Income and Disability Insurance benefits on January 7, 2013 (Tr. 230, 233). Plaintiff alleged that she became disabled on December 1, 2011 as a result of:

1. Osteoprosis
2. Osteoporosis with severe, chronic pain
3. Osteoarthritis
4. Back disorders
5. Migraine Headaches, hearing problems
6. Acid Reflux
7. Esophageal disorders
8. Sleep problems
9. Auto-immune disorder
10. Depression and anxiety, emotional problems
11. Poor concentration, focus, and memory

(Tr. 230, 233, 279). Administrative Law Judge Christopher Dillon conducted a video hearing on September 8, 2014 from Baltimore, Maryland. Plaintiff was present in Bowling Green, Kentucky and represented by Charles Richard Burchett. Also present and testifying was Joey Kilpatrick, vocational expert (Tr. 46).

         In a decision dated February 27, 2015, the ALJ evaluated this adult disability claim pursuant to the five-step sequential evaluation process promulgated by the Commissioner (Tr. 17-39). At the first step, the ALJ found Plaintiff has not engaged in substantial gainful activity since December 1, 2011, the alleged onset date (Tr. 23). At the second step, the ALJ determined that Plaintiff's low spine disorder, arthritis, osteoporosis, migraine headaches, left knee disorder, complex regional pain syndrome (RSD), affective disorder, and anxiety-related disorder are “severe” impairments within the meaning of the regulations (Tr. 23). Also at the second step, the ALJ determined that Plaintiff's bilateral hearing loss and sleep apnea are “non-severe” impairments within the meaning of ...


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