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Williams v. Colvin

United States District Court, D. South Carolina, Florence Division

September 15, 2014

Ferrol D. Williams, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.

ORDER

R. BRYAN HARWELL, District Judge.

This matter is before the Court after the issuance of the Report and Recommendation ("R&R") of United States Magistrate Judge Thomas E. Rogers.[1] Plaintiff Ferrol D. Williams, brought this action pursuant to 42 U.S.C. ยง 405(g), seeking judicial review of a final decision of the Commissioner of Social Security ("the Commissioner") denying Plaintiff's claims for disability insurance benefits under Title II of the Social Security Act ("the Act"). In his R&R, the Magistrate Judge recommends reversing the decision of the Commissioner and remanding the matter for further administrative action.

FACTUAL FINDINGS AND PROCEDURAL HISTORY

Plaintiff applied for disability insurance benefits on May 7, 2010, alleging a disability as of December 18, 2009. The applications were denied initially and on reconsideration. On November 30, 2010, Plaintiff requested a hearing before the Administrative Law Judge ("ALJ"). That hearing was held on July 6, 2011, and Plaintiff appeared and testified. A vocational expert also testified. The ALJ issued a decision dated July 19, 2011, finding that Plaintiff was not disabled. The ALJ's overall findings were as follows:

1. The claimant will meet the insured status requirements of the Social Security Act through December 31, 2013.
2. The claimant has not engaged in substantial gainful activity since December 18, 2009, the alleged onset date (20 CFR 404.1571, et seq. ).
3. The claimant has the following severe impairments: lumbar degenerative disc disease with mild anterolisthesis and probable discogenic pain (20 CFR 404.1520(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, and 404.1526).
...
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to sit 6 hours in an 8-hour day with normal breaks and stand and walk for 6 hours in an 8-hour day with normal breaks. He can lift 50 pounds occasionally (up to 2/3 of the workday) and 25 pounds frequently (up to 1/3 of the workday). The claimant can occasionally climb ladders, ropes and scaffolds and perform other postural activities frequently. Furthermore, the claimant can occasionally operate foot controls with the right lower extremity and occasionally push and pull heavy objects.
...
6. The claimant is capable of performing past relevant work as a shipper/receiver. This work does not require the performance of work-related activities precluded by the claimant's ...

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