United States District Court, E.D. Kentucky, Southern Division, London
ORDER AFFIRMING COMMISSIONER'S DECISION
HORN BOOM, UNITED STATES DISTRICT COURT JUDGE
matter is before the Court on cross-motions for summary
judgment. [R. 14-1; R. 16]. The Plaintiff, Melvin Jones,
brought this action pursuant to 42 U.S.C. § 405(g) to
obtain judicial review of an administrative decision denying
his claim for Disability & Disability Insurance Benefits.
The Court, having reviewed the record, will affirm the
Administrative Law Judge (“ALJ”) denied
Jones's claim [Administrative Record (“AR”)
at 38], as did the Appeals Council. [AR at 9] Jones now
petitions this Court to review the decision of the Appeals
Council. This Court's review of the Commissioner's
decision is limited to determining whether it “is
supported by substantial evidence and was made pursuant to
proper legal standards.” Rabbers v. Comm'r Soc.
Sec., 582 F.3d 647, 651 (6th Cir. 2009).
denying Jones's claim, the ALJ engaged in the five-step
sequential process set forth in the regulations under the
Social Security Act (the “Act”). 20 C.F.R. §
404.1520(a)-(e). See, e.g., Walters v. Comm'r of Soc.
Sec., 127 F.3d 525, 529 (6th Cir. 1997).
one, the ALJ determined that Jones had not engaged in
substantial gainful activity since April 25, 2016. [AR at 32]
two, the ALJ determined that Jones suffered from the severe
impairments of degenerative disc disease of the lumbar spine,
osteoarthritis of the left knee, and obesity. [AR at 32]
three, the ALJ found that Jones does not have an impairment
or combination of impairments that meets or medically equals
the severity of one of the listed impairments. [AR at 32-33]
proceeding to step four, the ALJ determined that Jones has
the residual functional capacity (RFC) to perform less than
the full range of light work, except he can frequently push
and pull bilaterally with the lower extremities; can
occasionally climb ramps and stairs; can occasionally climb
ladders, ropes, or scaffolds; can occasionally stoop, kneel,
crouch, and crawl; can occasionally reach overhead
bilaterally; can occasionally be exposed to vibration; and
can occasionally be exposed to unprotected heights or
dangerous moving machinery. [AR at 33-36]
four, the ALJ determined that Jones has past relevant work as
an auto mechanic, but he is unable to perform his past
relevant work as actually or generally performed due to his
current RFC. [AR at 36-37]
five, the ALJ determined that, considering the RFC described
above and Jones's age, and work experience, there are
jobs that exist in significant numbers in the national
economy that Jones can perform and, thus, he is not disabled.
[AR at 37-38]
Appeals Council concurred with the above findings of the ALJ.
[AR at 8]
raises three objections to the Appeals Council's
decision. He first argues that the Appeals Council erred in
failing to remand the case back to the ALJ for a new
consultative examination after finding that the consultative
examiner did not qualify as an acceptable medical source. [R.
14-1 at p. 6] Second, Jones contends that the Appeals Council
failed to properly evaluate his subjective complaints of
pain. Id. at 8. Finally, Jones ...