United States District Court, N.D. Alabama, Northeastern Division
MEMORANDUM OPINION AND ORDER
C. BURKE UNITED STATES DISTRICT JUDGE
March 5, 2018, the Plaintiff Roger Manning filed a complaint
(Doc. 1) seeking judicial review of an adverse final decision
of the Commissioner of the Social Security Administration
(“the Commissioner”) pursuant to 42 U.S.C. §
405(g). The Commissioner filed an answer to the complaint on
June 20, 2018. (Doc. 7). The Plaintiff filed a brief in
support of his position on September 6, 2018, (Doc. 11), and
the Commissioner filed a brief in support of the decision on
October 9, 2018. (Doc. 11). Therefore, this issue is ripe for
review. For the following reasons stated below, the final
decision of the Commissioner is affirmed.
Plaintiff protectively filed for a period of disability and
disability insurance benefits on August 6, 2014. (R. 11). He
alleged that his disability began on June 12, 2013.
Id. The Plaintiff's claim for benefits was
denied on January 12, 2015, and the he subsequently filed a
request for a hearing in front of an Administrative Law Judge
(“ALJ”) on February 5, 2015. Id. The
Plaintiff appeared before ALJ Patrick Digby on June 7, 2017.
Id. The Plaintiff testified at the hearing and was
questioned by his attorney and the ALJ. (R. 45, 51).
Vocational Expert Marilyn J. Stroud also testified at the
hearing. (R. 54). The ALJ issued his opinion on July 21,
2017. (R. 24). When he issued his opinion, the ALJ used the
five-step evaluation process to determine whether an
individual is disabled. (R. 12). The ALJ made the following
1. The Plaintiff meets the insured status requirements of the
Social Security Act through December 31, 2018. (R. 13).
2. The Plaintiff has not engaged in substantial gainful
activity since June 12, 2013, the alleged onset date of
3. The Plaintiff has the following severe impairments:
migraine headaches and degenerative disk disease.
4. The Plaintiff 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,
Appendix 1. (R. 15).
5. The Plaintiff has the residual functional capacity
(“RFC”) to perform light work as defined in 20
CFR 404.1567(b). He can occasionally climb ramps or stairs.
He can also balance, stoop, kneel, crouch, and crawl. He can
never climb ladders, ropes, and scaffolds. He must avoid:
concentrated exposure to extreme heat, cold, heat, wetness,
humidity, and vibration; exposure to hazardous machinery; and
unprotected heights and uneven terrain. Id.
6. The Plaintiff can perform past relevant work as: a
production manager, a position consistent with Dictionary of
Occupational Titles (“DOT”) #123.117-014;
computer operator, DOT # 213.362-010; production coordinator,
DOT #211.167-018; and sales representative, data processing
services, DOT #251.157-014. (R. 23).
7. The Plaintiff has not been under a disability as defined
in the Social Security Act, from June 12, 2013, through July
21, 2017. Id.
the ALJ denied his claim, The Plaintiff requested an appeal
to the Appeals Council and was denied on January 8, 2018. (R.
1). At that point, the ALJ's decision became the final
decision of the Commissioner. Henry v. Comm'r of Soc.
Sec., 802 F.3d 1264, 1267 (11th Cir. 2015). The
Plaintiff filed this action on March 5, 2018. (Doc. 1).
Social Security Administration (“SSA”) is
authorized to pay Supplemental Security Insurance
(“SSI”) and disability insurance to claimants
that have a disability. Washington v. Comm'r of Soc.
Sec., 906 F.3d 1353, 1358 (11th Cir. 2018). Title II of
the Social Security Act defines disability as “the
inability 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 that
has lasted ...