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Paris v. Berryhill

United States District Court, W.D. Kentucky, Louisville Division

February 15, 2019

ANDRIA M. PARIS, Plaintiff,
v.
NANCY A. BERRYHILL, DEPUTY COMMISSIONER OF SOCIAL SECURITY, Defendant.

          REPORT & RECOMMENDATION

          COLIN H LINDSAY, MAGISTRATE JUDGE

         Claimant 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.

         I. Background

         Paris 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 findings.

         1. The claimant meets the insured status requirements of the Social Security Act through June 30, 2018.

         2. The claimant has not engaged in substantial gainful activity since April 6, 2013, the alleged onset date (20 CFR 404.1571 et seq.).

         3. The 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)).

         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 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.

         6. The claimant is unable to perform any past relevant work (20 CFR 404.1565).

         7. The 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).

         8. The claimant has at least a high school education and is able to communicate in English (20 CFR 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 transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 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 can perform (20 CFR 404.1569 and 404.1569(a)).

         11. The 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)).

         (PageID # 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.[1] The ...


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