United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
CRITES-LEONI UNITED STATES MAGISTRATE JUDGE.
Kay Cunningham brings this action pursuant to 42 U.S.C.
§ 405(g), seeking judicial review of the Social Security
Administration Commissioner's denial of her application
for Disability Insurance Benefits (“DIB”) under
Title II of the Social Security Act.
Administrative Law Judge (ALJ) found that, despite
Cunningham's severe impairments of fibromyalgia and
obesity, she was not disabled as she had the residual
functional capacity (“RFC”) to perform jobs that
exist in significant numbers in the national economy.
matter is pending before the undersigned United States
Magistrate Judge, with consent of the parties, pursuant to 28
U.S.C. § 636(c). A summary of the entire record is
presented in the parties' briefs and is repeated here
only to the extent necessary.
filed an application for DIB on September 7, 2012, claiming
that she became unable to work due to her disabling condition
on August 1, 2010. (Tr. 123-29.) Cunningham's claim was
denied initially. (Tr. 70-74.) Following an administrative
hearing, Cunningham's claim was denied in a written
opinion by an ALJ, dated January 30, 2014. (Tr. 11-20.)
then filed a request for review of the ALJ's decision
with the Appeals Council of the Social Security
Administration (SSA), which was denied on April 24, 2015.
(Tr. 5, 1-4.) Thus, the decision of the ALJ stands as the
final decision of the Commissioner. See 20 C.F.R.
'' 404.981, 416.1481.
instant action, Cunningham argues that the ALJ erred
“by failing to provide an RFC supported by substantial
evidence by not properly evaluating Cunningham's
migraines, by failing to set forth a narrative statement in
support of the RFC, and by failing to properly assess
Cunningham's credibility.” (Doc. 12 at 6.)
The ALJ's Determination
found that Cunningham meets the insured status requirements
of the Social Security Act through December 31, 2016, and has
not engaged in substantial gainful activity since August 1,
2010, the alleged onset date. (Tr. 13.)
addition, the ALJ concluded that Cunningham had the following
severe impairments: fibromyalgia and obesity. Id.
The ALJ found that Cunningham did not have an impairment or
combination of impairments that meets or medically equals the
severity of one of the listed impairments. (Tr. 15.)
As to Cunningham's RFC, the ALJ stated:
After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work as defined in 20
CFR 404.1567(b) except she can only occasionally climb ramps,
stairs, ladders, ropes, and scaffolds. She should avoid
concentrated exposure to hazardous conditions.
found that Cunningham's allegations regarding her
limitations were not entirely credible. (Tr. 16.) In
determining Cunningham's RFC, the ALJ indicated that he
was assigning “great weight” to the opinions of
the state agency physicians and psychologist, as they were
supported by the record as a whole. (Tr. 17.)
further found that Cunningham was unable to perform any past
relevant work. (Tr. 18.) The ALJ noted that a vocational
expert testified that Cunningham could perform jobs existing
in significant numbers in the national economy, such as
bottling line attendant, hospital products assembler, and
folding machine operator. (Tr. 19.) The ALJ therefore
concluded that Cunningham has not been under a disability, as
defined in the Social Security Act, from August 1, 2010,
through the date of the decision. (Tr. 20.)
ALJ's final decision reads as follows:
Based on the application for a period of disability and
disability insurance benefits filed on September 7, 2012, the
claimant is not disabled under sections 216(i) and 223(d) of
the Social Security Act.