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Couch v. Berryhill

United States District Court, E.D. Kentucky, Southern Division, London

July 15, 2019

VIOLET COUCH, PLAINTIFF,
v.
NANCY A. BERRYHILL, Acting COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

          MEMORANDUM OPINION AND ORDER

          Henry R. Wiihoit, Jr., United States District Judge.

         Plaintiff has brought this action pursuant to 42 U.S.C. §405(g) to challenge a final decision of the Defendant denying Plaintiffs application for disability insurance benefits and supplemental security income benefits. The Court having reviewed the record in this case and the dispositive motions filed by the parties, finds that the decision of the Administrative Law Judge is supported by substantial evidence and should be affirmed.

         I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

         Plaintiff filed her current application for widow's benefits, disability insurance benefits and supplemental security income benefits on September 11, 2014, alleging disability beginning on June 30, 2014 due to osteo/rheumatoid arthritis; degenerative disc disease, lumbar spine; left shoulder degenerative joint disease; trochanteric bursitis, bilaterally; migraine/cluster headaches; hypertension; insulin dependent diabetes mellitus with peripheral neuropathy and history of dizziness with vertigo. (Tr. pg. 18-19).

         This application was denied initially and on reconsideration. Thereafter, upon request by Plaintiff, an administrative hearing was conducted by Administrative Law Judge Karen Jackson (hereinafter "ALJ"). At the hearing, Betty Hale, a vocational expert (hereinafter "VE"), testified.

         At the hearing, pursuant to 20 C.F.R. § 416.920, the ALJ performed the following five-step sequential analysis in order to determine whether the Plaintiff was disabled:

Step 1: If the claimant is performing substantial gainful work, he is not disabled.
Step 2: If the claimant is not performing substantial gainful work, his impairment(s) must be severe before he can be found to be disabled based upon the requirements in 20 C.F.R. § 416.920(b).
Step 3: If the claimant is not performing substantial gainful work and has a severe impairment (or impairments) that has lasted or is expected to last for a continuous period of at least twelve months, and his impairments (or impairments) meets or medically equals a listed impairment contained in Appendix 1, Subpart P, Regulation No. 4, the claimant is disabled without further inquiry.
Step 4: If the claimant's impairment (or impairments) does not prevent him from doing his past relevant work, he is not disabled.
Step 5: Even if the claimant's impairment or impairments prevent him from performing his past relevant work, if other work exists in significant numbers in the national economy that accommodates his residual functional capacity and vocational factors, he is not disabled.

         The ALJ issued a decision finding that Plaintiff was not disabled. Plaintiff was born in 1958. She has a GED as well as an associate's degree. Her past relevant work experience consists of work as a teacher's aide, bus driver and computer assistant / bus monitor.

         At Step 1 of the sequential analysis, the ALJ found that Plaintiff had not engaged in substantial gainful activity since the alleged onset date of disability.

         The ALJ then determined, at Step 2, that Plaintiff suffers from osteo/rheumatoid arthritis; degenerative disc disease, lumbar spine; left shoulder degenerative joint disease; trochanteric bursitis, bilaterally; migraine/cluster headaches; hypertension; insulin dependent diabetes mellitus with peripheral neuropathy and history of dizziness ...


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