United States District Court, D. South Carolina, Charleston Division
CHERYL K. VANSANT, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
GORDON BAKER, Magistrate Judge.
case is before the court for a Report and Recommendation
pursuant to Local Rule 73.02(B)(2)(a), D.S.C., concerning the
disposition of Social Security cases in this District, and
Title 28, United States Code, Section 636(b)(1)(B). The
Plaintiff, Cheryl K. Vansant, brought this action pursuant to
Section 205(g) of the Social Security Act, as amended, (42
U.S.C. Section 405(g)), to obtain judicial review of a final
decision of the Commissioner of Social Security
Administration regarding her claim for disability insurance
benefits ("DIB") under Title II of the Social
Plaintiff applied for DIB on February 24, 2011, and was 46
years old on her alleged disability onset date of November 3,
2010. (R. 159.) The Plaintiff claimed disability due to
chronic knee pain, interstitial lung disease, chronic back
pain, and a nervous disorder. (R. 185.) The Plaintiff's
application for DIB was denied, and she exhausted her
administrative remedies. The Administrative Law Judge
("ALJ") issued his decision on February 1, 2013,
and it is now the Commissioner's final decision for
purposes of judicial review. (R. 13-25.) In making the
determination that the Plaintiff is not entitled to benefits,
the Commissioner adopted the following findings of the ALJ:
(1) The claimant meets the insured status requirements of the
Social Security Act through December 31, 2015.
(2) The claimant has not engaged in substantial gainful
activity since November 3, 2010, the alleged onset date (20
CFR 404.1571 et seq. ).
(3) The claimant has the following severe impairments:
interstitial lung disease and arthritis (20 CFR 404.1520(c)).
(4) The claimant does not have an impairment or combination
of impairments that meets or medically equals the severity of
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, I find
the claimant has the residual functional capacity to perform
sedentary work as defined in 20 CFR 404.1567(a) except no
lifting or carrying over 10 pounds occasionally and 5 pounds
frequently; no standing and/or walking over 2 hours in an
8-hour workday; no more than occasional stooping, twisting,
crouching, or climbing of stairs or ramps; no kneeling,
crawling, balancing or climbing ladders or scaffolds;
avoidance of unprotected heights and machinery with exposed,
hazardous moving parts; an environment reasonably free from
dust, fumes, gases, odors, and extremes of temperature and
humidity; and no physical contact with others or close
proximity such as office cubicles.
(6) The claimant is unable to perform any past relevant work
(20 CFR 404.1565).
(7) The claimant was born on October 30, 1964 and was 46
years old, which is defined as a younger individual age
45-49, on the alleged disability onset date. (20 CFR
(8) The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564).
(9) The claimant has acquired work skills from past relevant
work (20 CFR 404.1568).
(10) Considering the claimant's age, education, work
experience, and residual functional capacity, the claimant
has acquired work skills from past relevant work that are
transferable to other occupations with jobs existing in
significant numbers in the national economy. (20 CFR
404.1569, 404.1569(a) and 404.1568(d)).
(11) The claimant has not been under a disability, as defined
in the Social Security Act, from November 3, 2010, through
the date of ...