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Mivelaz v. Commissioner of Social Security

United States District Court, W.D. Kentucky, Louisville Division

March 31, 2017

VEETA MIVELAZ, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant,

          MEMORANDUM OPINION AND ORDER

          COLIN LINDSAY, MAGISTRATE JUDGE

         Veeta Mivelaz filed this lawsuit challenging the Commissioner's denial of her applications for disability insurance and widow's insurance benefits. (DN 1.)

         The parties have consented to magistrate judge jurisdiction over all proceedings in this case, including the entry of judgment. (DN 15.)

         For the reasons below, the Court will affirm the Commissioner's decision to deny Mivelaz's claims. The Court will dismiss this action with prejudice.

         BACKGROUND

         In October 2011, Mivelaz filed claims for disability insurance benefits and widow's insurance benefits. (Cert. Admin. Rec. (“CAR”) 138, 141.) She alleged disability beginning on February 1, 2009, due to diabetes, high blood pressure and cholesterol, acid reflux, and depression. (Id. at 86.) The Commissioner denied Mivelaz's initial claims and upon reconsideration. (Id. at 92, 107, 116, & 119.)

         On August 21, 2013, an administrative law judge (“ALJ”) held a hearing on Mivelaz's claims. (Id. at 32.) Mivelaz, who was represented by counsel, testified. (Id. at 36 - 55.) William Irvin, a vocational expert, also testified. (Id. at 55 - 57.)

         The ALJ issued a written decision denying Mivelaz's disability insurance claim.[1] (Id. at 28.) The ALJ made the following findings.

1. The claimant meets the insured status requirements of the Social Security Act through September 30, 2014.
2. There is no evidence the claimant has engaged in substantial gainful activity since February 1, 2009, the alleged onset date (20 CFR 404.1571 et seq.).
3. The claimant has the following medically determinable impairments: diabetes mellitus, hyperlipidemia, gastroesophageal reflux disease (GERD), and depression (20 CFR 404.1521 et seq.).
4. The claimant does not have an impairment or combination of impairments that has significantly limited (or is expected to significantly limit) the ability to perform basic work-related activities for 12 consecutive months; therefore, the claimant does not have a severe impairment or combination of impairments (20 CFR 404.1521 et seq.).
5. The claimant has not been under a disability, as defined in the Social Security Act, from February 1, 2009, through the date of this decision (20 CFR 404.1520(c)).

(Id. at 21- 28.) The Appeals Council denied Mivelaz's request for ...


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