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Williamson v. Colvin

United States District Court, N.D. Indiana, Hammond Division

March 26, 2014

DENISE A. WILLIAMSON, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Administration, Defendant.

OPINION AND ORDER

JOSEPH S. VAN BOKKELEN, District Judge.

Plaintiff Denise Williamson seeks judicial review of the final decision of Defendant Carolyn W. Colvin, [1] Acting Commissioner of Social Security, who denied her application for Disability Insurance Benefits under the Social Security Act, 42 U.S.C. ยง 416(i), 423 et seq. For the following reasons, the Court affirms the Commissioner's decision.

A. Procedural Background

On June 5, 2010, Plaintiff applied for disability benefits due to a disabling condition that allegedly began on September 8, 2009. (R. 141.) Plaintiff's claim was denied initially and upon reconsideration. (R. 57-59, 65-68.) Plaintiff then requested a hearing before an Administrative Law Judge ("ALJ") and appeared with counsel on August 9, 2011. (R. 82.)

On September 2, 2011, the ALJ determined Plaintiff was not entitled to Social Security disability benefits. (R. 8.) The ALJ found as follows:

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 8, 2009, the alleged onset date.
3. The claimant has the following severe impairments: status post left knee surgery, osteoporosis, L5-S1 herniation without nerve root impingement, and bilateral lumbar radiculopathy.
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 C.F.R. Part 404, Subpart P, Appendix 1.
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to lift up to 10 pounds occasionally, stand/walk 2 hours each in an 8-hour workday, and sit 6 hours in an 8-hour workday with normal breaks. She can never climb ladders, ropes, scaffolds, or stairs, but can occasionally climb ramps, balance, stoop, kneel, crouch, and crawl. The claimant must avoid concentrated exposure to extreme cold or heat, wetness and humidity, and hazards such as moving machinery or unprotected heights.
6. The claimant is capable of performing past relevant work as a collections clerk. This work does not require the performance of work-related activities precluded by the claimant's residual functional capacity.
7. The claimant has not been under a disability, as defined in the Social Security Act, from September 8, 2009, through the date of this decision.

(R. 11-19.)

The ALJ's opinion became final when the Appeals Council denied Plaintiff's request for review on November 1, 2012. (R. 1.)

B. Factual Record

(1) Plaintiff's ...


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