United States District Court, M.D. Alabama, Southern Division
WALLACE CAPEL, JR. CHIEF UNITED STATES MAGISTRATE JUDGE
Kevin Rhodes (“Plaintiff”) filed applications for
a period of disability and disability insurance benefits and
for supplemental security income on May 28, 2013. Both
applications alleged disability beginning on December 1,
2011. The applications were denied at the initial
administrative level. Plaintiff then requested and received a
hearing before an Administrative Law Judge
(“ALJ”). Following the hearing, and after
obtaining additional development of the record, the ALJ
issued an unfavorable decision, and the Appeals Council
denied Plaintiff's request for review. The ALJ's
decision consequently became the final decision of the
Commissioner of Social Security
(“Commissioner”). See Chester v.
Bowen, 792 F.2d 129, 131 (11th Cir. 1986). The case is
now before the court for review of that decision under 42
U.S.C. § 405(g). Pursuant to 28 U.S.C. § 636(c),
both parties have consented to the conduct of all proceedings
and entry of a final judgment by the undersigned United
States Magistrate Judge. Pl.'s Consent to Jurisdiction
(Doc. 17); Def.'s Consent to Jurisdiction (Doc. 16).
Based on the court's review of the record and the briefs
of the parties, the court AFFIRMS the decision of the
STANDARD OF REVIEW
42 U.S.C. § 423(d)(1)(A), a person is entitled to
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
42 U.S.C. § 423(d)(1)(A).
this determination, the Commissioner employs a five-step,
sequential evaluation process. See 20 C.F.R.
§§ 404.1520, 416.920 (2011).
(1) Is the person presently unemployed?
(2) Is the person's impairment severe?
(3) Does the person's impairment meet or equal one of the
specific impairments set forth in 20 C.F.R. Pt. 404, Subpt.
P, App. 1 [the Listing of Impairments]?
(4) Is the person unable to perform his or her former
(5) Is the person unable to perform any other work within the
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 three, leads ...