United States District Court, W.D. Kentucky, Louisville Division
ANDRIA M. PARIS, Plaintiff,
NANCY A. BERRYHILL, DEPUTY COMMISSIONER OF SOCIAL SECURITY, Defendant.
REPORT & RECOMMENDATION
H LINDSAY, MAGISTRATE JUDGE
Andria M. Paris has filed this lawsuit challenging the Social
Security Commissioner's denial of her request for
disability insurance benefits (“DIB”). The
District Judge has referred this matter to the undersigned
Magistrate Judge for a report and recommendation. (DN 16.)
For the reasons below, the undersigned recommends that the
Court AFFIRM the Commissioner's decision.
applied for DIB on May 8, 2014. (DN 15-5, PageID # 227.) The
Commissioner denied her application initially and again upon
reconsideration. (DN 15-3, PageID # 148, 167.) Paris then
appeared before Administrative Law Judge Gloria B. York (the
“ALJ”) by video teleconference for a hearing on
June 16, 2016. (DN 15-2, PageID # 79, 81.) On July 29, 2016,
the ALJ also found that Paris was not disabled. (PageID #
56.) In her written opinion, the ALJ made the following
claimant meets the insured status requirements of the Social
Security Act through June 30, 2018.
claimant has not engaged in substantial gainful activity
since April 6, 2013, the alleged onset date (20 CFR 404.1571
claimant has the following severe impairments: low back pain
with lumbago; multiple sclerosis; migraine headache; a
depressive disorder; an anxiety disorder; a borderline
personality disorder; and a possible borderline intellectual
functioning (20 CFR 404.1520(c)).
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 CFR Par 404, Subpart P,
Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526).
5. . .
. [T]he claimant has a residual functional capacity to
perform a reduced range of light work as defined in 20 CFR
404.1567(b). She can lift and carry 20 pounds occasionally
and 10 pounds frequently; stand and walk six hours out of an
eight-hour workday; sit six hours out of an eight-hour
workday; and is limited to routine, repetitive tasks which
require one-step to three-step instructions, only occasional
interaction with supervisors and coworkers and no interaction
with the general public in a job that is not fast paced.
claimant is unable to perform any past relevant work (20 CFR
claimant was born on November 24, 1979 and was 33 years old,
which is defined as a younger individual age 18-49, on the
alleged disability onset date (20 CFR 404.1563).
claimant has at least a high school education and is able to
communicate in English (20 CFR 404.1564).
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 SSR 82-41
and 20 CFR Part 404, Subpart P, Appendix 2).
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 can perform (20 CFR 404.1569 and
claimant has not been under a disability, as defined in the
Social Security Act, from April 6, 2013, through the date of
this decision (20 CFR 404.1520(g)).
# 62-73.) The Appeals Council denied Paris's request for
review on July 14, 2017. (PageID # 35.) She initiated this
action on September 15, 2017 (DN 1), and she filed her fact
and law summary (DN 17) on August 6, 2018. The ...