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Simmons v. Colvin

United States District Court, D. South Carolina

May 23, 2014

Sharif Simmons, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

PAIGE J. GOSSETT, Magistrate Judge.

This social security matter is before the court for a Report and Recommendation pursuant to Local Civil Rule 83.VII.02 DSC. The plaintiff, Sharif Simmons, ("Simmons"), who is self-represented, brought this action pursuant to 42 U.S.C. ยงยง 405(g) and 1383(c)(3) to obtain judicial review of a final decision of the defendant, Acting Commissioner of Social Security ("Commissioner"), denying his claims for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). Having carefully considered the parties' submissions and the applicable law, the court concludes that the Commissioner's decision should be affirmed.

ADMINISTRATIVE PROCEEDINGS

In March 2010, Simmons applied for DIB and SSI, alleging disability beginning March 1, 1999. Simmons's applications were denied initially and upon reconsideration, and he requested a hearing before an administrative law judge ("ALJ"). A hearing was held on March 8, 2011, at which Simmons appeared and testified. Although he was informed of his right to representation, Simmons chose to represent himself at the hearing. The ALJ issued a decision on April 29, 2011 denying benefits and concluding that Simmons was not disabled. (Tr. 14-26.)

Simmons was born in 1977 and was twenty-one years old at the time of his alleged disability onset date. (Tr. 31.) He has a high school education and past relevant work experience as a grocery store clerk, a dishwasher, and a cook. (Tr. 44-45, 160-61.) Simmons alleged disability since March 1, 1999 due to bipolar disorder and hypertension. (Tr. 154, 159.)

The ALJ found as follows:
1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2004.
2. The claimant has engaged in some substantial gainful activity since March 1, 1999, the alleged onset date (20 CFR 404.1571 et seq. and 416.971 et seq. ).
* * *
3. The claimant has the following severe impairments: bipolar disorder (20 CFR 404.1520(c) and 416.920(c)).
* * *
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).
* * *
5. After careful consideration of the entire record, ... the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: he is limited to performing simple, routine, repetitive tasks, with no ongoing interaction with ...

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