United States District Court, W.D. Kentucky, Louisville Division
MEMORANDUM OPINION AND ORDER
LINDSAY, MAGISTRATE JUDGE
Mivelaz filed this lawsuit challenging the Commissioner's
denial of her applications for disability insurance and
widow's insurance benefits. (DN 1.)
parties have consented to magistrate judge jurisdiction over
all proceedings in this case, including the entry of
judgment. (DN 15.)
reasons below, the Court will affirm the Commissioner's
decision to deny Mivelaz's claims. The Court will dismiss
this action with prejudice.
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.)
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 -
issued a written decision denying Mivelaz's disability
insurance claim. (Id. at 28.) The ALJ made the
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 ...