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Vansant v. Colvin

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

January 11, 2016

CHERYL K. VANSANT, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

          REPORT AND RECOMMENDATION

          MARY GORDON BAKER, Magistrate Judge.

         This 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 Security Act.

         ADMINISTRATIVE PROCEEDINGS

         The 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 404.1563).
(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 ...

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