Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stamper v. Berryhill

United States District Court, E.D. Kentucky, Central Division, Lexington

September 27, 2017

DEBBIE STAMPER, Plaintiff,
v.
NANCY A. BERRYHILL, ACTING COMMISSIONER OF SSA, Defendant.

          OPINION AND ORDER

          KAREN K. CALDWELL, CHIEF JUDGE.

         The plaintiff Debbie Stamper brought 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 affirm the Commissioner's decision.

         FACTUAL AND PROCEDURAL BACKGROUND

         This 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., 582 F.3d 647, 651 (6th Cir.2009).

         In denying Stamper's claim, the ALJ engaged in the five-step sequential process set forth in the regulations under the Social Security Act (the “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. 1997).

         At step one, the ALJ determined that Stamper has not engaged in substantial gainful activity since January 2, 2012, the alleged onset date. (Administrative Record (“AR”) at 12.)

         At step two, the ALJ determined that Stamper suffers from the following severe impairments: coronary artery disease with status post double coronary artery bypass grafting; fibromyalgia; back and shoulder pain; and Sjögren's syndrome, which is an autoimmune disease that causes dryness of the eyes and mouth. http://www.mayoclinic.org/diseases-conditions/sjogrens-syndrome/home/ovc-20345863. (AR at 12.)

         At step three, the ALJ found that Stamper did not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments. (AR at 16.)

         Before proceeding to step four, the ALJ determined that Stamper had the residual functional capacity (RFC) to perform a reduced range of “light” work as defined by 20 C.F.R. §§ 404.1567(b) with the following limitations:

She is unable to climb ropes, ladders and scaffolds. She is limited to no more than frequent climbing ramps/stairs, balancing, stooping and kneeling. She is restricted to tasks with limited exposure to temper extremes, full body vibration, concentrated wetness, hazardous machinery and dangerous lights.

(AR at 16.)

         At step four, the ALJ determined that, given the RFC described above, Stamper can still perform her past relevant work as a real estate salesperson and officer manager and, thus, she is not disabled. (AR at 17.) Accordingly, the ALJ did not proceed to step five - determining whether there are jobs the claimant could perform other than past relevant work.

         ANALYSIS

         Stamper raises two objections to the ALJ's decision. First, she argues that the ALJ erred in finding that Stamper's impairment or combination of impairments does not meet or medically equal the severity of one of the listed impairments. This is significant because, if a claimant's impairment meets or medically equals one of the listed impairments at 20 C.F.R. § 440, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.