United States District Court, D. South Carolina
Rebecca S. Clark, Plaintiff,
Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.
Rebecca S Clark, Plaintiff, represented by W. Daniel Mayes,
Smith Massey Brodie Thumond Guynn and Mayes.
Commissioner of Social Security Administration, Defendant,
represented by Barbara Murcier Bowens, U.S. Attorneys Office.
REPORT AND RECOMMENDATION
J. GOSSETT, Magistrate Judge.
social security matter is before the court for a Report and
Recommendation pursuant to Local Civil Rule 83.VII.02
(D.S.C.). The plaintiff, Rebecca S. Clark, brought this
action pursuant to 42 U.S.C. Â§Â§ 405(g) and 1383(c)(3) to
obtain judicial review of a final decision of the defendant,
Acting Commissioner of Social Security
("Commissioner"), denying her claims for Disability
Insurance Benefits ("DIB"). Having carefully
considered the parties' submissions and the applicable
law, the court concludes that the Commissioner's decision
should be should be reversed and the case remanded.
SECURITY DISABILITY GENERALLY
42 U.S.C. Â§ 423(d)(1)(A) and (d)(5), as well as pursuant to
the regulations formulated by the Commissioner, the plaintiff
has the burden of proving disability, which is defined as an
"inability to do any substantial gainful activity by
reason of any medically determinable physical or mental
impairment which can be expected to result in death or which
has lasted or can be expected to last for a continuous period
of not less than 12 months." 20 C.F.R. Â§ 404.1505(a);
see also Blalock v. Richardson, 483 F.2d 773 (4th
Cir. 1973). The regulations require the administrative law
judge ("ALJ") to consider, in sequence:
(1) whether the claimant is engaged in substantial gainful
(2) whether the claimant has a "severe" impairment;
(3) whether the claimant has an impairment that meets or
equals the requirements of an impairment listed in 20 C.F.R.
Part 404, Subpart P, Appendix 1 ("the Listings"),
and is thus presumptively disabled;
(4) whether the claimant can perform her past relevant work;
(5) whether the claimant's impairments prevent her from
doing any other kind of work.
20 C.F.R. Â§ 404.1520(a)(4). If the ALJ can make a
determination that a claimant is or is not disabled at any
point in this process, review does not proceed to the next
this analysis, a claimant has the initial burden of showing
that she is unable to return to her past relevant work
because of her impairments. Once the claimant establishes a
prima facie case of disability, the burden shifts to
the Commissioner. To satisfy this burden, the Commissioner
must establish that the claimant has the residual functional
capacity, considering the claimant's age, education, work
experience, and impairments, to perform alternative jobs that
exist in the national economy. 42 U.S.C. Â§ 423(d)(2)(A); see
also McLain v. Schweiker, 715 F.2d 866, 868-69 (4th
Cir. 1983); Hall v. Harris, 658 F.2d 260, 264-65
(4th Cir. 1981); Wilson v. Califano, ...