Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gibson v. Berryhill

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

February 7, 2019

VANESSA VICTORIA GIBSON, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security; Defendant.

          ORDER

          Thomas E. Rogers, III United States Magistrate Judge

         This is an action brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. Section 405(g), to obtain judicial review of a “final decision” of the Commissioner of Social Security, denying Plaintiff's claim for disability insurance benefits (DIB) and supplemental security income (SSI). The only issues before the Court are whether the findings of fact are supported by substantial evidence and whether proper legal standards have been applied. This action is proceeding before the undersigned by voluntary consent pursuant to 28 U.S.C. § 636(c) and Fed. R. Civ. Proc. R. 73.

         I. RELEVANT BACKGROUND

         A. Procedural History

         Plaintiff filed an application for DIB and SSI on October 24, 2012, alleging inability to work since March 1, 2012. (Tr. 13). Her claims were denied initially and upon reconsideration. Thereafter, Plaintiff filed a request for a hearing. A hearing was held on August 30, 2016, at which time, a vocational expert (VE) and Plaintiff, proceeding without representation, testified. The Administrative Law Judge (ALJ) issued an unfavorable decision on September 30, 2016, finding that Plaintiff was not disabled within the meaning of the Act. (Tr. 13-18). Plaintiff filed a request for review of the ALJ's decision, which the Appeals Council denied on July 5, 2017, making the ALJ's decision the Commissioner's final decision. Plaintiff filed this action on August 14, 2017. (ECF No. 1).

         B. Plaintiff's Background and Medical History

         Plaintiff was born on August 26, 1979, and was thirty-four years old at the time of the alleged onset. (Tr. 57). Plaintiff alleges disability originally due to car accident injuries, lower back pain, neck pain, pain in both arms, and shoulder pain. (Tr. 57).

         C. The ALJ's Decision

         In the decision of September 30, 2016, the ALJ made the following findings of fact and conclusions of law (Tr. 13-18):

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2013.
2. The claimant has not engaged in substantial gainful activity since March 1, 2012, the alleged onset date (20 CPR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following medically determinable impairments: obesity, neck pain, back pain, shoulder pain, and arm pain (20 CPR 404.1521 et seq. and 416.921 et seq.).
4. The claimant does not have an impairment or combination of impairments that has significantly limited (or is expected to significantly limit) the ability to perform basic work-related activities for 12 consecutive months; therefore, the claimant does not have a severe impairment or combination of impairments (20 CFR 404.1521 et seq. and 416.921 et seq.).
5. The claimant has not been under a disability, as defined in the Social Security Act, from March 1, 2012, through the date of this decision ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.