United States District Court, E.D. Kentucky, Southern Division, Pikeville
OPINION AND ORDER
K. CALDWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
Larry Reed Newcomb brings this action pursuant to 42 U.S.C.
§ 405(g) to obtain judicial review of an administrative
decision denying his claim for a period of disability and
disability insurance benefits. The Court, having reviewed the
record, will AFFIRM the decision of the
Commissioner of Social Security.
Procedural background and the administrative
was born on July 23, 1961, and he filed a claim for a period
of disability and disability insurance benefits, alleging
disability beginning on May 15, 2012. (AR. 166).
denying Newcomb's claim, the administrative law judge
(“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 Newcomb has not engaged in
substantial gainful activity since May 15, 2012, the alleged
onset date of disability. (AR at 14).
two, the ALJ found that Newcomb has the following severe
impairments: degenerative disc disease of the lumbar spine,
chronic obstructive pulmonary disease, and hernia with prior
surgical repair. (AR at 14).
three, the ALJ found Newcomb 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 at 15).
proceeding to step four, the ALJ found that Newcomb has:
[T]he residual functional capacity to lift/carry and
push/pull up to 20 pounds occasionally and up to 10 pounds
frequently, stand/walk for six hours in an eight-hour workday
and sit for six hours in an eight-hour workday. He can
occasionally climb, stoop, kneel, crouch, and crawl and
frequently balance. The claimant must avoid temperature
extremes and concentrated exposure to humidity, dust, fumes,
gasses, odors, and poor ventilation.
(AR at 15-16).
four, the ALJ found Newcomb is unable to perform any past
relevant work. (AR at 18).
five, the ALJ determined that, considering Newcomb's age,
education, work experience, and RFC, there are jobs that
exist in significant numbers in the national economy that the
claimant can perform. (AR at 19). These ...