United States District Court, W.D. Kentucky, Louisville
PAULA L. YOUNG PLAINTIFF
NANCY A. BERRYHILL, Acting Commissioner of Social Security DEFENDANT
Whalin, United States District Court Magistrate Judge
Paula Young has filed a complaint pursuant to 42 U.S.C.
§405(g) to obtain judicial review of a final decision of
the Commissioner of Social Security that denied her
application for disability insurance benefits (DIB). Young
applied for DIB on April 14, 2014, alleging that she was
disabled as of May 15, 2012, due to torticollis, dystonia,
cervical degenerative disc disease, complex regional pain
syndrome, left breast carcinoma status-post bilateral breast
surgeries, depression, anxiety, and obsessive-compulsive
disorder (Tr.21). The Commissioner denied Young's claims
on initial consideration (Tr. 88-101) and on reconsideration
(Tr. 102-117). Young requested a hearing before an
Administrative Law Judge (ALJ) (Tr.132).
William C. Zuber conducted a hearing in Louisville, Kentucky,
on Jan. 4, 2016 (Tr.36-87). Young attended with her attorney,
Kevin McDowell (Tr. 36). Young and vocational expert (VE)
Tina Stanbaugh testified at the hearing (Tr.39-76, 77-87).
Following the conclusion of the hearing, ALJ Zuber entered a
hearing decision on May 25, 2016 that found Young is not
disabled for the purposes of the Social Security Act
adverse decision, ALJ Zuber made the following findings:
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2017.
2. The claimant has not engaged in substantial gainful
activity since May 15, 2012, the alleged onset date (20
C.F.R. 404.1571, et seq.).
3. The claimant has the following severe impairments:
torticollis, dystonia, cervical degenerative disc disease,
complex regional pain syndrome, left breast carcinoma
status-post bilateral breast surgeries, depression, anxiety,
and obsessive-compulsive disorder (20 C.F.R. 404.1520(c)).
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 C.F.R. Part 404, Subpart
P, Appendix 1 (20 C.F.R. 404.1520(d), 404.1525, 404.1526).
5. 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
CFR 404.1567(b) except that she needs the option to sit and
stand every 30-45 minutes. She could occasionally climb ramps
and stairs, stoop, and crouch. She could never crawl, kneel,
or climb ladders, ropes, and scaffolds. She could not reach
overhead. She could not be exposed to vibration, dangerous
machinery, or unprotected heights. She could only perform
simple, routine, 1-2 step tasks that are not fast-paced or
quota driven. She could have frequent contact with coworkers,
supervisors, and the general public. She could only adapt to
changes in work routine or environment that are rare and
gradually introduced. She could sustain concentration,
persistence, and pace for two-hour periods.
6. The claimant is unable to perform any past relevant work
(20 C.F.R. 404.1565).
7. The claimant was born on August 19, 1966, and was
45-years-old, which is defined as a younger individual age
18-49, on the alleged disability onset date (20 C.F.R.
8. The claimant has at least a high-school education and is
able to communicate in English (20 C.F.R. 404.1564).
9. 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 transferrable job skills (See SSR 82-41
and 20 C.F.R. Part 404, Subpart P, App. 2).
10. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national economy
that the claimant ...