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Hamiter v. Colvin

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

January 20, 2016

TRAVIS HOLMES HAMITER, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.

          REPORT AND RECOMMENDATION

          MARY GORDON BAKER, Magistrate Judge.

         Plaintiff Travis Holmes Hamiter, through counsel, brought this action to obtain judicial review of an unfavorable final administrative decision denying benefits on his December 9, 2008, application for child's insurance benefits ("CIB") under the Social Security Act ("Act"). See Section 205(g) of the SSA, as amended, 42 U.S.C. Section 405(g). This matter was referred to the Magistrate Judge for a Report and Recommendation pursuant to Local Rule 73.02(B)(2)(a), D.S.C., and Title 28, United States Code, Section 636(b)(1)(B).

         Procedural History and ALJ's Findings

         The Plaintiff was born December 19, 1967 and was 5 years old on the alleged onset of disability date, January 1, 1973. (R. 22). The Plaintiff filed for CIB on December 9, 2008. (R. 159.) The Plaintiff's claims were initially denied and denied on reconsideration. Following a hearing, the Administrative Law Judge (ALJ) denied his claim on April 11, 2011. (R. 27.) The Plaintiff has exhausted his administrative remedies. The ALJ's decision is now the Commissioner's final action for purposes of judicial review. In making the determination that the Plaintiff is not entitled to benefits, the Commissioner adopted the following findings of the ALJ's April 11, 2011 Decision (Id.):

(1) Born on December 19, 1967, the claimant had not attained age 22 as of January 1, 1973, the alleged onset date (20 CFR 404.102 and 404.350(a)(5)).
(2) The claimant has not engaged in substantial gainful activity since January 1, 1973, the alleged onset date (20 CFR 404.1571 et seq. ).
(3) Prior to attaining age 22, the claimant had the following severe impairments: adjustment reactive disorder and controlled seizure disorder with some continuing "lightening" episodes. (20 CFR 404.1520(c)).
(4) Prior to attaining age 22, the claimant did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526).
(5) After careful consideration of the entire record, I find that, prior to attaining age 22, claimant had the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: Due to seizure precautions, he should avoid hazards such as moving machinery and heights. Due to his mental impairment, he should only be required to interact with the general public no more than occasionally. He could have no more than occasional team-type work with co-workers but not excluding working in the presence of others or providing or receiving assistance from others. He should not be required to make frequent adaptations to abrupt, unexpected changes in the work routine. He should have no more than occasional writing of detailed reports.
(6) The claimant has no past relevant work (20 CFR 404.1565).
(7) The claimant was born on December 19, 1967 and was 5 years old, which is defined as a younger individual age 18-49, 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 and 416-964).
(9) Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 404.1568).
(10) Prior to attaining age 22, considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the ...

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