United States District Court, D. South Carolina, Charleston Division
REPORT AND RECOMMENDATION
GORDON BAKER UNITED STATES MAGISTRATE JUDGE.
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). Plaintiff
Misti Nicole Allen (“Plaintiff”) brought this
action pursuant to Section 205(g) of the Social Security Act,
as amended, (42 U.S.C. § 405(g)), to obtain judicial
review of a final decision of the Commissioner of Social
Security Administration (the “Administration”)
regarding her claim for Disability Insurance Benefits
(“DIB”) and Supplemental Security Income
(“SSI”) under Titles II and XVI of the Social
Security Act (the “Act”). For the reasons set
forth below, the undersigned recommends that this matter be
remanded for further consideration and analysis by the
FACTS AND ADMINISTRATIVE PROCEEDINGS
was 42 years old on her alleged disability onset date of
March 23, 2015. (R. at 17, 240, 244.) Plaintiff alleged
disability due to chronic back pain; difficulty moving;
stiffness; numbness in right knee; fibromyalgia; arthritis in
right hand; interstitial cystitis; post traumatic stress
disorder; depression; anxiety; panic attacks; and insomnia.
(Id. at 68.) Plaintiff has past relevant work as a
billing clerk and an internal customer service/help desk
representative. (Id. at 25, 53.)
filed an application for DIB and SSI on October 9, 2015.
(Id. at 240, 244; Dkt. No. 16 at 2.) Her application
was denied initially on January 5, 2016, and on
reconsideration on March 4, 2016. (R. at 154-55, 162-63.)
After a hearing before the Administrative Law Judge
(“ALJ”) on December 9, 2016, (id. at
34-56), the ALJ issued a decision on February 23, 2017, in
which the ALJ found that Plaintiff was not disabled
(id. at 17-27). The Appeals Council denied
Plaintiff's request for review, (id. at 1-3),
making the ALJ's decision the Commissioner's final
decision for purposes of judicial review.
making the determination that Plaintiff is not entitled to
benefits, the Commissioner has adopted the following findings
of the decision:
(1) The claimant meets the insured status requirements of the
Social Security Act through December 31, 2018.
(2) The claimant has not engaged in substantial gainful
activity since March 23, 2015, the alleged onset date (20 CFR
404.1571 et seq., and 416.971 et seq.).
(3) The claimant has the following severe impairments:
degenerative disc disease of the lumbar spine,
gastroesophageal reflux disease, hypertension, depression,
and anxiety (20 CFR 404.1520(c) and 416.920(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, 404.1526,
416.920(d), 416.925 and 416.926).
(5) After careful consideration of the entire record, I find
that the claimant has the residual functional capacity to
perform sedentary work as defined in 20 CFR 404.1567(a) and
416.967(a) [sic] I specifically find that the
claimant can lift and carry 10 pounds occasionally and 5
pounds frequently, and she can sit for six hours of an eight
hour work day and stand or walk for two hours in an eight
hour day. I also find the claimant can never climb ladders,
ropes, scaffolds, she can occasionally climb ramps, stairs,
balance, stoop, kneel, crouch, and crawl. I further find the
claimant needs to avoid concentrated exposure to workplace
hazards such as unprotected heights and moving machinery and
vibration, and she can perform simple, routine tasks for
two-hour blocks of time with normal rest breaks during an
eight hour work day. She can have occasional interaction with
the general public.
(6) The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
(7) The claimant was born on March 31, 1972 and was 42 years
old, which is defined as a younger individual age 18-44, on
the alleged disability onset date (20 CFR 404.1563 and
(8) The claimant has at least a high school education and is
able to communicate in English (20 ...