United States District Court, E.D. Kentucky, Southern Division, Pikeville
MEMORANDUM OPINION AND ORDER
R. WILHOIT JR. UNITED STATES DISTRICT JUDGE
has brought this action pursuant to 42 U.S.C. §405(g) to
challenge a final decision of the Defendant denying
Plaintiffs application for disability insurance benefits and
supplemental security income benefits. The Court having
reviewed the record in this case and the dispositive motions
filed by the parties, and being otherwise sufficiently
advised, for the reasons set forth herein, finds that the
decision of the Administrative Law Judge is supported by
substantial evidence and should be affirmed.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
filed his current application for disability insurance
benefits and supplemental security income benefits in October
2012, alleging disability beginning in June of 2012, due to
spurs in his spine, asthma, burning in legs, stomach problems
and trouble sleeping (Tr. 193). This application was denied
initially and on reconsideration. Thereafter, upon request by
Plaintiff, an administrative hearing was conducted by
Administrative Law Judge Michele Kelley (hereinafter
"ALJ"), wherein Plaintiff, accompanied by counsel,
testified. At the hearing, Gina Baldwin, a vocational expert
(hereinafter "VE"), also testified.
hearing, pursuant to 20 C.F.R. § 416.920, the ALJ
performed the following five-step sequential analysis in
order to determine whether the Plaintiff was disabled:
Step 1: If the claimant is performing substantial gainful
work, he is not disabled.
Step 2: If the claimant is not performing substantial gainful
work, his lmpairment(s) must be severe before he can be found
to be disabled based upon the requirements in 20 C.F.R.
Step 3: If the claimant is not performing substantial gainful
work and has a severe impairment (or impairments) that has
lasted or is expected to last for a continuous period of at
least twelve months, and his impairments (or impairments)
meets or medically equals a listed impairment contained in
Appendix 1, Subpart P, Regulation No. 4, the claimant is
disabled without further inquiry.
Step 4: If the claimant's impairment (or impairments)
does not prevent him from doing his past relevant work, he is
Step 5: Even if the claimant's impairment or impairments
prevent him from performing his past relevant work, if other
work exists in significant numbers in the national economy
that accommodates his residual functional capacity and
vocational factors, he is not disabled.
issued a decision finding that Plaintiff was not disabled.
Plaintiff was 52 years old at the time he alleges he became
disabled. He has a high school education and has worked as a
1 of the sequential analysis, the ALJ found that Plaintiff
had not engaged in substantial gainful activity since the
alleged onset date of disability.
then determined, at Step 2, that Plaintiff suffers from low
back pain, which he found to be "severe" within the
meaning of the Regulations.
3, the ALJ found that Plaintiffs impairments did not meet or