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
Cynthia Johnson (“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 Supplemental Security Income
(“SSI”) under Title 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 Commissioner.
FACTS AND ADMINISTRATIVE PROCEEDINGS
was 43 years old on her alleged disability onset date of May
14, 2008. (R. at 91, 186; Dkt. No. 13 at 5.) Plaintiff
alleged disability due to, inter alia, anxiety; nerves;
arthritis in back/left leg; chronic obstructive pulmonary
disease (“COPD”); depression; diabetes;
degenerative disc disease; and coronary artery disease
(“CAD”). (R. at 91, 206.) Plaintiff has no past
relevant work. (Id. at 28, 206.)
filed an application for SSI on July 14, 2014. (Id. at
186.) Her application was denied initially on September 25,
2014, and on reconsideration on December 4, 2014.
(Id. at 103, 119.) After a hearing before the
Administrative Law Judge (“ALJ”) on October 3,
2016, (id. at 36-81), the ALJ issued a decision on
January 11, 2017, in which the ALJ found that Plaintiff was
not disabled (id. at 17-29). The Appeals Council
denied Plaintiff's request for review, (id. at
1- 4), 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 has not engaged in substantial gainful
activity since July 14, 2014, the application date (20 CFR
416.971 et seq.).
(2) The claimant has the following severe impairments:
coronary artery disease (CAD), constructive obstructive
pulmonary disease (COPD), lumbar degenerative disc disease,
arthritis of the lower extremities, affective disorder, and
anxiety (20 CFR 416.920(c)).
(3) 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 416.920(d), 416.925 and 416.926).
(4) After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work as defined in 20
CFR 416.967(b) except the claimant may sit, stand, or walk
for six hours of an eight-hour day. She may change positions
once an hour at her workstation. She may not climb ladders,
ropes, and scaffolds. She may occasionally perform all other
postural activities. She may frequently perform fine
manipulations and she should avoid exposure to heat, cold,
humidity, fumes, dust, and odors, along with other work place
hazards. She may perform simple, routine, and repetitive
tasks and have occasional interaction with the general
(5) The claimant has no past relevant work (20 CFR 416.965).
(6) The claimant was born on January 13, 1965 and was 49
years old, which is defined as a younger individual age
18-49, on the date the application was filed. The claimant
subsequently changed age category to closely approaching
advanced age (20 CFR 416.963).
(7) The claimant has at least a high school education and is
able to communicate in English (20 CFR 416.964).
(8) Transferability of job skills is not an issue because the
claimant does not have past relevant work (20 CFR 416.968).
(9) Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant No. in the national economy that
the claimant can perform (20 CFR 416.969 and 416.969(a)).
(10) The claimant has not been under a disability, as defined
in the Social Security Act, since July 14, 2014, the date the