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.

Spears v. Berryhill

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

February 13, 2019

TROY ALAN SPEARS, 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 his application for DIB and SSI on September 14, 2012, alleging inability to work since February 1, 2009. (Tr. 195). His claims were denied initially and upon reconsideration. Thereafter, Plaintiff filed a request for a hearing. A hearing was held on August 27, 2014, at which time Plaintiff testified. A vocational expert (VE) was not present. The Administrative Law Judge (ALJ) issued an unfavorable decision on October 29, 2014, finding that Plaintiff was not disabled within the meaning of the Act. (Tr. 195-202). Plaintiff filed a request for review of the ALJ's decision, which the Appeals Council granted and remanded to the ALJ on January 28, 2016. On May 26, 2016, another hearing was held. The ALJ issued an unfavorable decision on March 16, 2017, finding Plaintiff was not disabled within the meaning of the Act. (Tr. 17-28). Plaintiff filed a request for review of the ALJ's decision, which the Appeals Council denied on August 10, 2017, making the ALJ's decision the Commissioner's final decision. (Tr. 1-4). Plaintiff filed this action on October 6, 2017.

         B. Plaintiff's Introductory Facts

         Plaintiff was born on December 17, 1962, and was approximately forty-six years old at the time of the alleged onset. (Tr. 98). Plaintiff completed his education through at least high school and has past work experience as security technician and retail associate. (Tr. 27). Plaintiff alleges disability initially due to AIDS and anger issues. (Tr. 162). Pertinent testimony and records will be summarized under the relevant issue heading.

         C. The ALJ's Decision

         In the decision of March 16, 2017, the ALJ made the following findings of fact and conclusions of law (Tr. 17-28):

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2014.
2. The claimant has not engaged in substantial gainful activity since February 1, 2009, the alleged onset date (20 CFR 404.1571 et seq. and 416.971 et seq.).
3. The claimant has the following severe impairments: human immunodeficiency virus (HIV) and peripheral neuropathy(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 medium work as defined in 20 CFR 404.1567(c) and 416.967(c) except he would be limited to frequent handling and fingering.
6. The claimant is able to perform past relevant work (20 CFR 404.1565 and 416.965).
7. The claimant has not been under a disability, as defined in the Social Security Act, from February 1, 2009, through the date of this decision (20 CFR 404.1520(g) and 416.920(g)).

         II. ...


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.