United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUMN OPINION & ORDER
MATTHEW A. STINNETT UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the parties' cross-motions
for summary judgment [DEs 17, 19] concerning Plaintiff
Mildred Moses's (“Moses”) appeal of the Nany
A. Berryhill's, Acting Commissioner of Social Security
(“Commissioner”), denial of her application for
disability insurance benefits and supplemental security
income. [DE 12-1, at Page ID # 55-66]. For the reasons
stated below, the Court denies Moses's motion and grant
OVERVIEW OF THE PROCESS AND THE INSTANT
determining disability under the Social Security Act, the
Administrative Law Judge (“ALJ”), conducts a
1. An individual who is working and engaging in substantial
gainful activity is not disabled, regardless of the
claimant's medical condition.
2. An individual who is working but does not have a
“severe” impairment which significantly limits
his physical or mental ability to do basic work activities is
3. If an individual is not working and has a severe
impairment which “meets the duration requirement and is
listed in appendix 1 or is equal to a listed
impairment(s)”, then he is disabled regardless of other
4. If a decision cannot be reached based on current work
activity and medical facts alone, and the claimant has a
severe impairment, then the Secretary reviews the
claimant's residual functional capacity and the physical
and mental demands of the claimant's previous work. If
the claimant is able to continue to do this previous work,
then he is not disabled.
5. If the claimant cannot do any work he did in the past
because of a severe impairment, then the Secretary considers
his residual functional capacity, age, education, and past
work experience to see if he can do other work. If he cannot,
the claimant is disabled.
Preslar v. Sec'y of Health & Hum. Servs., 14
F.3d 1107, 1110 (6th Cir. 1994) (citing 20 C.F.R. §
404.1520 (1982)). “The burden of proof is on the
claimant throughout the first four steps of this process to
prove that he is disabled.” Id. “If the
analysis reaches the fifth step without a finding that the
claimant is not disabled, the burden transfers to the
case at bar, the ALJ concluded Moses had not engaged in
substantial activity since September 28, 2015, thus
satisfying step one. [DE 12-1 at Page ID # 57 ]. Under step
two, the ALJ found Moses had the following severe
impairments: history of right inguinal hernia, status-post
inguinal hernia repair; chronic obstructive pulmonary
disease; major depressive disorder/depressive disorder, not
otherwise specified; anxiety disorder, not otherwise
specified; and post-traumatic stress disorder. [Id.
at 36]; 20 CFR 416.920(c). Regarding step three, the ALJ
determined that Moses did not have an impairment or
combination of impairments that met or medically equaled the
severity of one of the listed impairments in 20 C.F.R. pt.
404, subpt. P, app. 1. [DE 12-1 at Page ID # 58]; 20 CFR
416.920(d), 416.925, 416.926.
four the ALJ concluded Moses had a residual functional
capacity (“RFC”) to perform medium work as
defined in 20 CFR 416.967(c). [DE 12-1 at Page ID # 59].
Moses can lift or carry and push or pull 50 pounds
occasionally and 25 pounds frequently. [Id.]. Moses
can also stand and walk six hours in an eight-hour workday
and she can sit six hours in an eight hour workday.
[Id.]. She is limited to frequently stooping,
however, and must avoid concentrated exposure to temperature
extremes, humidity, fumes, odor, dust, gases, and poor
ventilation. [Id.]. Moses can perform simple routine
work tasks and she can maintain attention and concentration
for two-hour segments during an eight-hour workday.
[Id.]. Further, the ALJ found that Moses was able to
adapt to gradual changes in a routine work environment as
well as interact frequently with supervisors and coworkers
sufficiently with occasional interaction with the general
step five, and considering the Moses's age, education,
work experience, and RFC, the ALJ opined that there were jobs
that existed in significant numbers in the national economy
that the she could perform. [DE 12-1 at Page ID # 65]; 20 CFR