United States District Court, S.D. Georgia, Augusta Division
KIARA T. IVEY, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations of the Social Security Administration, Performing the Duties and Functions Not Reserved to the Commissioner of Social Security,  Defendant.
MAGISTRATE JUDGE'S REPORT AND
K. EPPS UNITED STALES MAGISTRATE JUDGE
T. Ivey appeals the decision of the Acting Commissioner of
Social Security denying her application for Child Insurance
Benefits (“CIB”) and Supplemental Security Income
(“SSI”) under the Social Security Act. Upon
consideration of the briefs submitted by both parties, the
record evidence, and the relevant statutory and case law, the
Court REPORTS and RECOMMENDS the Commissioner's final
decision be AFFIRMED, this civil action be CLOSED, and a
final judgment be ENTERED in favor of the Commissioner.
applied for CIB on April 1, 2013, and for SSI on February 21,
2013, alleging a disability onset date of September 10, 2002.
Tr. (“R.”), pp. 17, 231-40. Plaintiff was eleven
years old at her alleged disability onset date and was
twenty-five years old at the time the Administrative Law
Judge (“ALJ”) issued the decision currently under
consideration. R. 28, 217.
applied for benefits based on allegations of ADHD and mental
retardation. R. 251. Plaintiff received a certificate of
achievement from special education classes. R. 39, 252.
Plaintiff participated in a vocational training program, but
has never worked. R. 40, 251.
Social Security Administration denied Plaintiff's
application initially, R. 127-133, and on reconsideration, R.
134-140. Plaintiff requested a hearing before an ALJ, R.
141-42, and the ALJ held a hearing on June 14, 2016. R.
35-58. The ALJ heard testimony from Plaintiff, who appeared
with counsel, as well as from Wendy Klamm, a Vocational
Expert (“VE”). Id. On August 9, 2016,
the ALJ issued an unfavorable decision. R. 17-28.
the sequential process required by 20 C.F.R. §§
404.1520 and 416.920, the ALJ found:
1. The claimant has not engaged in substantial gainful
activity since September 10, 2002, the alleged onset date (20
C.F.R. §§ 404.1571 et seq. and 416.971 et seq.).
2. The claimant has the following severe impairments:
borderline intellectual functioning and a personality
disorder (20 C.F.R. §§ 404.1520(c) and 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 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).
4. The claimant has the residual functional capacity
(“RFC”) to perform a full range of work at all
exertional levels but with the following non-exertional
limitations: simple repetitive work with one, two, and
three-step instructions; no direct dealing with the public;
and only occasional dealing with coworkers; working mainly
with things, not people. The claimant has no past relevant
work (20 C.F.R. §§ 404.1565 and 416.965).
5. Considering the claimant's age, education, work
experience, and RFC, there are jobs that exist in significant
No. in the national economy that the claimant can perform,
including hand packager, kitchen helper, and price marker (20
C.F.R. §§ 404.1569, 404.1569(a), 416.969, and
416.969(a)). Therefore, the claimant has not been under a
disability, as defined in the Social Security Act, from
September 10, 2002, through August 9, 2016 (the date of the
ALJ's decision) (20 C.F.R. §§ 404.1520(g) and
the Appeals Council denied Plaintiff's request for
review, R. 1-6, the Commissioner's decision became
“final” for the purpose of judicial review. 42
U.S.C. § 405(g). Plaintiff then filed this ...