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Holder v. Colvin

United States District Court, M.D. Alabama, Eastern Division

June 8, 2015

KRISTY CLEA HOLDER, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

MEMORANDUM OPINION

CHARLES S. COODY, Magistrate Judge.

I. Introduction

On March 30, 2011, Kristy Clea Holder filed a Title XVI application for supplemental security income, alleging disability beginning March 30, 2011. (R. 17, 37). The claim was denied initially on May 11, 2011. On June 29, 2011, Holder filed a written request for hearing before an administrative law judge ("ALJ"). Following a hearing held on October 9, 2012, ALJ Carl B. Watson issued a decision denying the claim on October 25, 2012. (R. 17, 29). The Appeals Council denied Holder's subsequent request for review (R. 1-6). The ALJ's decision consequently became the final decision of the Commissioner of Social Security ("Commissioner").[1] See Chester v. Bowen, 792 F.2d 129, 131 (11th Cir. 1986). The case is now before the court for review pursuant to 42 U.S.C. §§ 405 (g) and 1383(c)(3). Pursuant to 28 U.S.C. § 636(c), the parties have consented to entry of final judgment by the United States Magistrate Judge. (Doc. 8; Doc. 9). Based on the court's review of the record in this case and the briefs of the parties, the court concludes that the decision of the Commissioner should be affirmed.

II. Standard of Review

Under 42 U.S.C. § 423(d)(1)(A) a person is entitled to disability benefits when the person is unable to

engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months[.]

To make this determination, [2] the Commissioner employs a five-step, sequential evaluation process. See 20 C.F.R. §§ 404.1520, 416.920.

(1) Is the claimant presently unemployed?
(2) Is the claimant's impairment severe?
(3) Does the claimant's impairment meet or equal one of the specific impairments set forth in 20 C.F.R. Pt. 404, Subpt. P, App. 1?
(4) Is the claimant unable to perform his or her former occupation?
(5) Is the claimant unable to perform any other work within the economy?
An affirmative answer to any of the above questions leads either to the next question, or, on steps three and five, to a finding of disability. A negative answer to any question, other than step ...

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