United States District Court, S.D. Georgia, Savannah Division
REPORT AND RECOMMENDATION
CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE
Lynda Patricia King seeks judicial review of the Social
Security Administration's denial of her application for
Disability Insurance (DIB) and Supplemental Security Income
social security cases, courts
. . . review the Commissioner's decision for substantial
evidence. Winschel v. Comm'r of Soc. Sec., 631
F.3d 1176, 1178 (11th Cir. 2011). “Substantial evidence
is more than a scintilla and is such relevant evidence as a
reasonable person would accept as adequate to support a
conclusion.” Id. (quotation omitted). . . .
“We may not decide the facts anew, reweigh the
evidence, or substitute our judgment for that of the
Commissioner.” Winschel, 631 F.3d at 1178
(quotation and brackets omitted). “If the
Commissioner's decision is supported by substantial
evidence, this Court must affirm, even if the proof
preponderates against it.” Dyer v. Barnhart,
395 F.3d 1206, 1210 (11th Cir. 2005) (quotation omitted).
Mitchell v. Comm'r, Soc. Sec. Admin., 771 F.3d
780, 782 (11th Cir. 2014).
burden of proving disability lies with the claimant.
Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir.
2005). The ALJ applies
. . . a five-step, “sequential” process for
determining whether a claimant is disabled. 20 C.F.R. §
404.1520(a)(1). If an ALJ finds a claimant disabled or not
disabled at any given step, the ALJ does not go on to the
next step. Id. § 404.1520(a)(4). At the first
step, the ALJ must determine whether the claimant is
currently engaged in substantial gainful activity.
Id. § 404.1520(a)(4)(i). At the second step,
the ALJ must determine whether the impairment or combination
of impairments for which the claimant allegedly suffers is
“severe.” Id. § 404.1520(a)(4)(ii).
At the third step, the ALJ must decide whether the
claimant's severe impairments meet or medically equal a
listed impairment. Id. § 404.1520(a)(4)(iii).
If not, the ALJ must then determine at step four whether the
claimant has the RFC to perform her past relevant work.
Id. § 404.1520(a)(4)(iv). If the claimant
cannot perform her past relevant work, the ALJ must determine
at step five whether the claimant can make an adjustment to
other work, considering the claimant's RFC, age,
education, and work experience. An ALJ may make this
determination either by applying the Medical Vocational
Guidelines or by obtaining the testimony of a [Vocational
Stone v. Comm'r. of Soc. Sec. Admin., 596 F.
App'x, 878, 879 (11th Cir. 2015) (footnote added).
who was 51 years old when her disability application was
denied, alleges disability beginning July 2, 2012. Tr. 19,
79, 94. She has a limited education (11th grade) and past
work experience as a nurse assistant, fast food cook, and
hair stylist. Tr. 29, 67. After a hearing, ALJ John Mason
issued an unfavorable decision. Tr. 19-31. He found that
King's bilateral carpal tunnel syndrome, bilateral heel
spurs, status post-rotator cuff repair, and depression
constituted severe impairments but did not meet or medically
equal a Listing. Tr. 21-24. Based on the evidence of record,
the ALJ found that she retained the RFC for a subset of light
work except that King
can have no constant repetitive handling and fine finger
manipulation bilaterally; avoid overhead reaching
bilaterally; never work with the public; occasionally have
non-intensive interaction with co-workers and supervisors to
accomplish non-transactional work steps.
he determined, was incapable of performing her past relevant
work but could perform the requirements of representative
work as a marker, cafeteria attendant, and cleaner, all light
work with an SVP of 2. Tr. 30. King disagrees, arguing that
the ALJ failed to properly ...