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Graham v. Colvin

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

March 8, 2016

Peter W. Graham, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, Defendant.

ORDER

R. BRYAN HARWELL UNITED STATES DISTRICT JUDGE

Plaintiff Peter W. Graham (“Plaintiff”), seeks judicial review, pursuant to 42 U.S.C. § 405(g), of a final decision of the Commissioner of the Social Security Administration (the “Commissioner”) denying his claim for disability insurance benefits (“DIB”) under Title II of the Social Security Act (the “Act”). The matter is before the Court for review of the Report and Recommendation (“R&R”) of United States Magistrate Judge Bristow Marchant, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2) for the District of South Carolina. The Magistrate Judge recommends the Court affirm the Commissioner’s decision. [ECF #24, p. 26].

Factual Findings and Procedural History

The factual findings and medical history of Plaintiff’s treatment are adequately and thoroughly set forth in the R&R. [ECF #24, pp. 3-13]. On October 16, 2011, Plaintiff filed a claim for DIB alleging a disability onset date of March 25, 2011. [ECF #16, p. 1]. The Commissioner denied his application initially and on reconsideration, so Plaintiff requested a hearing before the Administrative Law Judge (“ALJ”). [ECF #16, p. 1]. The ALJ held a hearing, and on June 13, 2013, rendered an unfavorable decision to Plaintiff, finding Plaintiff was not disabled. [ECF #16, p. 1]. The ALJ’s findings were as follows:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2016.
2. The claimant has not engaged in substantial gainful activity since March 25, 2011, the alleged onset date (20 CFR 404.1571 et seq.).
. . . .
3. The claimant has the following severe impairments: coronary artery disease status post stent placement; degenerative disc disease of the lumbar spine; diabetes; and left shoulder strain (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 that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b). Specifically, the claimant can lift and carry up to 20 pounds occasionally and 10 pounds frequently and stand, walk, and sit for 6 hours each in an 8-hour work day. The claimant can frequently climb ramps and stairs but never climb ladders, ropes, or scaffolds. He can occasionally stoop, kneel, crouch, and crawl. Additionally, the claimant is limited to occasionally reaching overhead with the left upper extremity.
. . . .
6. The claimant is capable of performing past relevant work as a sales coordinator. This work does not require the performance of work-related activities precluded by the claimant’s residual functional capacity (20 CFR 404.1565).
. . . .
7. The claimant has not been under a disability, as defined in the Social Security Act, from March 25, 2011, through the date of ...

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