United States District Court, W.D. Kentucky, Louisville Division
TINA M. BASHAM, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
MEMORANDUM OPINION AND ORDER
H. LINDSAY, MAGISTRATE JUDGE UNITED STATES DISTRICT COURT
the Court is the Complaint (DN 1) of Plaintiff, Tina M.
Basham (“Basham”), challenging the final decision
of the Commissioner of Social Security (the
“Commissioner”) denying her claim for
Supplemental Security Income (“SSI”). Basham
filed her Fact and Law Summary on March 26, 2018, and the
Commissioner filed a Fact and Law Summary on June 25, 2018.
(DNs 13, 18.) The Parties have consented to the jurisdiction
of a magistrate judge to enter judgment in this case with
direct review by the Sixth Circuit Court of Appeals in the
event an appeal is filed. (DN 12.) Therefore, this matter is
ripe for review.
reasons stated herein, the final decision of the Commissioner
filed an application for SSI on February 28, 2014. (DN 10-5,
at PageID # 190-93.) Administrative Law Judge
(“ALJ”) Marci P. Eaton conducted a hearing on
Basham's application on August 16, 2016. (DN 10-2, at
PageID # 68-94.) In a decision dated November 7, 2016, the
ALJ engaged in the five-step sequential evaluation process
promulgated by the Commissioner to determine whether Basham
was disabled. (Id. at 53-63.) In doing so, the ALJ
made these findings:
claimant last met the insured status requirements of the
Social Security Act on March 31, 2013. (Id. at 58.)
claimant did not engage in substantial gainful activity
during the period from her alleged onset date of June 1,
2010, through her date last insured of March 31, 2013.
Through the date last insured, the claimant had the following
severe impairments: history of myocardial infarction with
residual ischemic heart disease; osteoarthrosis in bilateral
lower extremities; diabetes mellitus; psoriasis and chronic
obstructive pulmonary disease (COPD). (Id.)
Through the date last insured, the claimant did not have an
impairment or combination of impairments that met or
medically equaled the severity of one of the listed
impairments in 20 CFR Part 404, Subpart P, Appendix 1.
[T]hrough the date last insured, the claimant had the
residual functional capacity to perform light work as defined
in 20 CFR 404.1567(b) except she can frequently climb ramps
or stairs. She can occasionally climb ladders, ropes or
scaffolds. She can frequently stoop. She can occasionally
kneel, crouch, or crawl. She should avoid concentrated
exposure to extreme cold or heat. (Id. at 59.)
Through the date last insured, the claimant was capable of
performing past relevant work as a community health worker.
This work did not require the performance of work-related
activities precluded by the claimant's residual
functional capacity. (Id. at 62.)
claimant was not under a disability, as defined in the Social
Security Act, at any time from June 1, 2010, the alleged
onset date, through March 31, 2013, the date last insured.
requested review by the Appeals Council, which denied her
request for review on August 19, 2017. (Id. at
PageID # 47-49.) At that point, the ALJ's decision became
the final decision of the Commissioner. See 20
C.F.R. §§ 404.981, 422.210(a) (2018); see
also 42 U.S.C. § 405(h) (2017) (discussing finality
of the Commissioner's decision). Pursuant to 20 C.F.R.
§ 422.210(c), Basham is presumed to have received that
decision five days later on August 24, 2017. 20 C.F.R. §
422.210(c). Plaintiff filed this action on October 17, 2017.
Social Security Act authorizes payments of disability
insurance benefits and SSI to persons with disabilities.
See 42 U.S.C. §§ 401 - 434, 1381-1383f
(2017). An individual shall be considered
“disabled” if he or she is unable “to
engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which
can be expected to result in death or which has lasted or can
be expected to last for a continuous period of not less than
12 months . . . .” 42 U.S.C. § 1382c(a)(3)(A);
see also 20 C.F.R. § 416.905(a) (2018).