United States District Court, W.D. Kentucky, Louisville Division
JOEL A. TWEEDLE, Plaintiff,
NANCY BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
MEMORANDUM OPINION AND ORDER
Lindsay, Magistrate Judge
Joel Tweedle (“Plaintiff”) challenges the
Commissioner's denial of his claims for supplemental
security income benefits (“SSI”) and disability
insurance benefits (“DIB”). (DN 1.) On September
7, 2016, Plaintiff consented to the undersigned's
jurisdiction. (DN 14.) For the following reasons, the Court
AFFIRMS the Commissioner's decision.
Summary of Facts
August 28, 2014, Plaintiff filed an application for both SSI
and DIB. (DN 15, #1384.) The Commissioner denied his initial
application and again upon reconsideration. (DN 12-4, #158,
164, 171.) Plaintiff appeared for a hearing in front of an
Administrative Law Judge (“ALJ”), who later
issued an opinion denying Plaintiff's claim. (DN 12-2,
#57.) In his written opinion, the ALJ made the following
claimant meets the insured status requirements of the Social
Security Act through December 31, 2019.
claimant has not engaged in substantial gainful activity
since August 4, 2014, the alleged onset date (20 CFR 404.1571
et seq., and 416.971 et seq).
claimant has the following severe impairments: diabetes
mellitus, morbid obesity, osteoarthritis, history of broken
and repaired tibia/fibula, and lumbar degenerative disc
disease with radiculopathy (20 CFG 404.1520(c) and
claimant does not have an impairment or combination or
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526,
416.920(d), 416.925 and 416.926).
After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work as defined in 20
CFG 404.1567(b) and 416.967(b) except is limited to:
occasional climbing of ramps/stairs, kneeling, crouching,
crawling, and balancing but no climbing of
ladders/ropes/scaffolds; and should avoid concentrated
exposure to hazards like unprotected heights and dangerous
claimant is unable to perform any past relevant work (20 CFR
404.1565 and 416.965).
claimant was born on October 23, 1962, and was 51 years old,
which is defined as an individual closely approaching
advanced age, on the alleged disability onset date (CFG
404.1563 and 416.963).
claimant has at least a high school education and is able to
communicate in English (20 CFR 404.1564 and 416.964).
Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational rules as a framework supports a finding
that the claimant is “not disabled, ” whether or
not the claimant has transferable job skills (see SSR82-41
and 20 CFR Part 404, Subpart P, Appendix 2).
Considering the claimants age, education, work experience,
and residual functional capacity, there are jobs that exist
in significant numbers in the national economy that the
claimant can ...