United States District Court, D. South Carolina, Charleston Division
REPORT AND RECOMMENDATION
GORDON BAKER, Magistrate Judge.
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).
History and ALJ's Findings
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
(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 ...