United States District Court, E.D. Kentucky, Central Division
OPINION AND ORDER
K. CALDWELL, CHIEF JUDGE.
plaintiff Ernest David Bailey brought this action pursuant to
42 U.S.C. § 405(g) to obtain judicial review of an
administrative decision denying his claim for disability
insurance benefits. The Court, having reviewed the record,
will reverse the Commissioner's decision and remand this
matter for further proceedings consistent with this opinion.
AND PROCEDURAL BACKGROUND
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).
denying Bailey'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).
one, the ALJ determined that Bailey has not engaged in
substantial gainful activity since December 15, 2011, the
alleged onset date. (Administrative Record (“AR”)
two, the ALJ determined that Bailey suffers from the
following severe impairments: multilevel spondylosis,
cervical spine; mild multilevel spondylosis, thoracic spine;
mild multilevel spondylosis, lumbar spine; and right shoulder
osteoarthritis, status-post arthroscopy. (AR at 15.)
three, the ALJ found that Bailey did not have an impairment
or combination of impairments that meets or medically equals
the severity of one of the listed impairments. (AR at 17.)
proceeding to step four, the ALJ determined that Bailey had
the residual functional capacity (RFC) to perform the
The claimant can lift/carry 50 pounds occasionally and 25
pounds frequently. The claimant can stand for approximately
six hours in an eight hour day and claimant can sit for
approximately six hours in an eight-hour day; he can
occasionally push or pull with the dominant right upper
extremity; never climb ladders, ropes or scaffolds;
occasionally overhead reaching bilateral upper extremities.
Claimant should avoid all exposure to vibration and hazards
such as unprotected heights or dangerous machinery. He can
frequently balance, stoop, kneel, crouch or crawl.
(AR at 17.)
four, the ALJ determined that, given the RFC described above,
Bailey can still perform his past relevant work as a
custodian and factory worker and, therefore was not disabled.
(AR at 21.)
having determined at step four that Bailey was not disabled,
the ALJ proceeded to step five for an alternative finding.
Here, the ALJ found that, given the RFC described above, even
if Bailey cannot perform his past relevant work, he can
perform jobs that exist in significant ...