United States District Court, District of Columbia
KEEVA A. WARD, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
DEBORAH A. ROBINSON United States Magistrate Judge
case was assigned to the undersigned for all purposes.
See 03/01/2016 Minute Order.Currently pending for
determination are Plaintiff's Motion for Judgment of
Reversal ("Plaintiff's Motion") (ECFNo. 13) and
Defendant's Motion for Judgment on the Pleadings and in
Opposition to Motion for Judgment of Reversal
("Defendant's Motion") (ECF No. 14). Upon
consideration of the motions, the memoranda in support
thereof and in opposition thereto, the administrative record
("AR") (ECF No. 10), and the entire record herein,
Plaintiff's motion will be granted in part, and
Defendant's motion will be denied.
Keeva Ward brings this action seeking judicial review of a
final decision by Defendant Acting Commissioner of the Social
Security Administration, pursuant to Section 405(g) of the
Social Security Act, 42 U.S.C. §§401 et
seq. ("SSA"). Plaintiff's Memorandum of
Law in Support of Plaintiffs Motion for Judgment of Reversal
("Plaintiffs Memorandum") (ECF No. 13-1) at 1.
July 26, 2011, Plaintiff applied for Supplemental Security
Income ("SSI") and Disability Insurance Benefits
("DIB"), alleging a disability, which began on
September 1, 2009. Id. at 2. Her claims were denied
initially and upon reconsideration. Id.
Plaintiff requested an administrative hearing that took place
on November 26, 2012. AR at 15. On December 19, 2012, an
Administrative Law Judge ("ALJ") issued his
determination, finding that Plaintiff was not disabled.
Id. at 15-24. On January 17, 2014, Plaintiffs
request for review of the ALJ's December 19, 2012
decision was denied. See Plaintiff's Memorandum
of the ALJ's Ruling
December 19, 2012, the ALJ issued a written opinion, wherein
he ultimately concluded that Plaintiff (referred to by the
ALJ as "the claimant") was "not disabled under
section 1614(a)(3)(A) of the Social Security Act." AR at
24. Specifically, the ALJ made the following eleven summary
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 September 1, 2009, the alleged onset date.
3. The claimant has the following severe impairments:
diabetes mellitus (DM) with peripheral neuropathy; obesity,
bipolar disorder; post-traumatic stress disorder (PTSD),
generalized anxiety disorder (GAD); and a history of alcohol
dependence disorder, currently in remission.
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,
5. After careful consideration of the entire record, I find
that the claimant has the residual functional capacity to
perform light work, as defined in 20 CFR 404.1567(b) and
416.967(b) with the following additional limitations: pushing
and pulling are limited to the light level; no foot control
operations; no climbing of ladders, ropes or scaffolds; no
more than occasional climbing of ramps or stairs, balancing,
stooping, crouching, kneeling or crawling; no more than
frequent bilateral handling, fingering, and feeling; with no
exposure to extreme heat or cold, excessive vibrations, or
hazards, such as moving machinery and unprotected heights.
The claimant is limited to simple, routine, repetitive tasks,
in low-stress job (defined as having no more than occasional
decision-making required and no more than occasional changes
in the work setting), with no production rate or paced work
(such as would be done on an assembly line). The claimant
should have no more than occasional interaction with the
public or co-workers, and such interaction is limited to
superficial interaction (such as brief greeting or exchange
of information), and/or interaction that is incidental to the
work being performed.
6. The claimant is unable to perform any past relevant work.
7. The claimant was born on August 17, 1969, and was 40 years
old, which is defined as a younger individual age 18-49, on