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.

Rockey v. Commissioner of Social Security Administration

United States District Court, Fifth Circuit

December 26, 2013

BARBARA ROCKEY
v.
COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION

MEMORANDUM OPINION AND ORDER OF UNITED STATES MAGISTRATE JUDGE

DON D. BUSH, Magistrate Judge.

Plaintiff brings this appeal under 42 U.S.C. § 405(g) for judicial review of a final decision of the Commissioner denying her claim for Disability Insurance Benefits ("DIB"). After carefully reviewing the briefs submitted by the parties, as well as the evidence contained in the administrative record, the Court finds that the Commissioner's decision should be AFFIRMED.

HISTORY OF THE CASE

Plaintiff protectively filed an application for Supplemental Security Income disability benefits under Title II and XVI of the Social Security Act on August 29, 2008, claiming entitlement to disability benefits due to cervical disc degeneration, obesity, and fatigue. Plaintiff's application was denied initially and on reconsideration. Pursuant to Plaintiff's request, a hearing was held before an Administrative Law Judge (ALJ) in Dallas, Texas on March 29, 2010. Plaintiff was represented by counsel at the proceeding. At the hearing, Plaintiff and the ALJ's vocational expert, Russell B. Bowden, testified.

On March 3, 2011, the ALJ denied Plaintiff's claim, finding Plaintiff "not disabled." Plaintiff requested Appeals Council review, which the Appeals Council denied on April 25, 2012. Therefore, the March 3, 2011 decision of the ALJ became the final decision of the Commissioner for purposes of judicial review under 42 U.S.C. § 405(g). See 20 C.F.R. § 404.981 (2005).

ADMINISTRATIVE LAW JUDGE'S FINDINGS

After considering the record, the ALJ made the prescribed sequential evaluation. The ALJ made the following findings:

1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2009.
2. The claimant has not engaged in substantial gainful activity since December 20, 2006, the alleged onset date (20 C.F.R. 404.1571, et seq. and 416.971, et seq.).
3. The claimant has the following severe impairments: cervical disc degeneration, obesity, and fatigue [20.C.F.R. 404.1520(c) and 416.920(c)].
4. The claimant does not have impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 [20 C.F.R. 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926].
5. The claimant has the residual functional capacity to perform light work (lift up to 20 pounds occasionally, and 10 pounds frequently). She can stand and/or walk for about 2 hours in an 8 hour workday, but sit for at least 6 hours in an 8 hour workday. She is not limited to pushing and/or pulling with her upper and lower extremities. She has no postural, manipulative, visual, communicative, or environmental limitations.
6. The claimant is able to perform any past relevant work [20 C.F.R. 404.1565 and 416.965].
7. The claimant has not been under a disability, as defined in the Social Security Act, from December 20, 2006, 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.