United States District Court, E.D. Kentucky, Southern Division, London
OPINION AND ORDER
K. CALDWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
Joanne Farmer Morris brings this action pursuant to 42 U.S.C.
§ 405(g) to obtain judicial review of an administrative
decision denying her claims for a period of disability and
disability insurance benefits, and a consolidated claim for
supplemental security income. The Court, having reviewed the
record, will AFFIRM the decision of the
Commissioner of Social Security.
Procedural background and the administrative
was born on October 8th, 1955, and she filed a
claim for a period of disability and disability insurance
benefits, alleging disability beginning on December 30, 2010.
(AR 433). On July 27, 2012, administrative law judge
(“ALJ”) Don. C. Paris issued a decision finding
the claimant was not disabled under sections 216(i) and
223(d) of the Social Security Act. Upon review of that
decision, this Court reversed and remanded the matter to the
Commissioner of Social Security for further proceedings in
accordance with the fourth sentence of section 205(g) of the
Social Security Act. (Civil Action Number
judicial review of Morris' disability insurance claim was
pending before this Court, Morris filed subsequent electronic
claims for Title II and Title XVI disability benefits on
September 5, 2013. Following remand, the ALJ has now
consolidated the claim files to create a single electronic
record for a new decision on the consolidated claims. The ALJ
has issued a decision finding that Morris was not disabled as
to either claim.
denying Morris' claims, the ALJ engaged in the five-step
sequential process set forth in the regulations under the
Social Security 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 Morris has not engaged in
substantial gainful activity since December 30, 2010, the
alleged onset date of disability. (AR 435).
two, the ALJ found that Morris has the following severe
impairments: generalized osteoarthrosis with multiple-joint
pain; morbid obesity; type 2 diabetes mellitus; and
degenerative disc disease of the lumbar spine. (AR 435).
three, the ALJ found that Morris does not have an impairment
or a combination of impairments that meets or medically
equals the severity of one of the listed impairments of the
federal regulations. (AR 436-437).
proceeding to step four, the ALJ found that Morris has:
[T]he residual functional capacity to perform sedentary work
as defined in 20 CFR 404.1567(a) and 416.967(a), with the
following limitations. The claimant can lift and carry ten
pounds occasionally, and less than ten pounds frequently. She
can stand/walk two hours, and sit six hours, out of an
eight-hour workday. She never should climb ladders, ropes,
and scaffolds. She occasionally can climb stairs and ramps.
She frequently can balance. She occasionally can stoop,
kneel, crouch, or crawl.
four, the ALJ found Morris capable of performing past
relevant work as a billing clerk, a referral clerk, and a
receptionist. (AR 451). A vocational expert testified, and
the ALJ found, that Morris has past relevant work as: a
billing clerk (SVP 4 semi-skilled, sedentary exertion work);
a referral clerk (SVP 3 semi-skilled, sedentary exertion
work); and a receptionist (SVP 4 semi-skilled, sedentary
exertion work). (AR 451). Considering Morris' residual
functional capacity, the ALJ found that Morris was capable of
performing these jobs. (AR 451).
the ALJ found that Morris has not been under a disability for
purposes of her application for disability benefits or her
application for supplemental security income. (AR 451). The
ALJ's decision became the final decision of the
Commissioner of Social Security when the Appeals Council
found no reason to assume jurisdiction (AR 422). Therefore,