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Kirk v. Berryhill

United States District Court, W.D. Kentucky, Bowling Green Division

November 1, 2017

NATASHA KIRK PLAINTIFF
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security DEFENDANT

          MEMORANDUM OPINION AND ORDER

          Lanny King, Magistrate Judge United States District Court.

         This matter is before the Court on Plaintiff's complaint seeking judicial review, pursuant to 42 U.S.C. § 405(g), of the final decision of the Commissioner denying her claims for Social Security disability benefits. The fact and law summaries of Plaintiff and Defendant are at Dockets 20 and 24, and the case is ripe for determination.

         The parties have consented to the jurisdiction of the undersigned Magistrate Judge to determine this case, with any appeal lying before the Sixth Circuit Court of Appeals. Docket 13.

         Because the administrative law judge's (ALJ's) decision is supported by substantial evidence and is in accord with applicable legal standards, the Court will AFFIRM the Commissioner's final decision and DISMISS Plaintiff's complaint.

         Background

         In 2001, Plaintiff's thyroid gland was surgically removed, and she has since taken Levothyroxine, a manufactured form of the thyroid hormone. Administrative record (AR), pp. 78, 356.

         In May 2011, the prior ALJ denied Plaintiff's prior Social Security disability claims. Decision at AR, pp. 175-180.

         In February 2012, Plaintiff reported to the emergency department alleging injury from a motor vehicle accident. AR, p. 404.

         In August 2012, Plaintiff quit her job in sales for a pest control company alleging harassment. AR, p. 494.

         In September 2012, Plaintiff reported to the emergency department alleging injury from a second motor vehicle accident. AR, p. 400.

         In January 2013, Plaintiff filed the present Social Security disability claims alleging onset of disability in August 2012. AR, pp. 32, 41.

         On November 10, 2013, Plaintiff's cousin hit her in the back of the head (apparently an act of violence). AR, p. 607.

         On November 15, 2013, Plaintiff reported to the emergency department alleging injury from a third motor vehicle accident. AR, p. 564.

         On February 18, 2015, Plaintiff reported to the hospital after a fourth motor vehicle accident occurring ...


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