United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
CRITES-LEONI, UNITED STATES MAGISTRATE JUDGE.
Tyrone Denson brings this action pursuant to 42 U.S.C. §
405(g), seeking judicial review of the Social Security
Administration Commissioner's denial of his applications
for Disability Insurance Benefits (“DIB”) under
Title II of the Social Security Act and Supplemental Security
Income (“SSI”) under Title XVI of the Act.
Administrative Law Judge (“ALJ”) found that,
despite Denson's severe impairments, he was not disabled
as he 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.
following reasons, the decision of the Commissioner will be
protectively filed his applications for DIB and SSI on August
15, 2013. (Tr. 10, 175-87.) He alleged that he became
disabled on October 15, 2011, due to learning problems and
hyperactivity. (Tr. 207.) Denson's claims were denied
initially. (Tr. 91-94.) Following an administrative hearing,
Denson's claims were denied in a written opinion by an
ALJ, dated February 23, 2015. (Tr. 7-20.) Denson 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 12, 2016. (Tr. 1-5.) 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, Denson argues that the ALJ erred by failing
to properly consider whether Denson's intellectual
deficits met or medically equaled Listing 12.05C.
The ALJ's Determination
stated that Denson met the insured status requirements of the
Social Security Act through September 30, 2016. (Tr. 12.) The
ALJ found that Denson had not engaged in substantial gainful
activity since his alleged onset date of October 15, 2011.
addition, the ALJ concluded that Denson had the following
severe impairments: lumbago, obesity, and borderline
intellectual functioning. Id. The ALJ found that
Denson did not have an impairment or combination of
impairments that meet or equal in severity the requirements
of any impairment listed in 20 C.F.R. Part 404, Subpart P,
Appendix 1. Id. In making this determination, the
ALJ considered Denson's mental impairment under the
requirements of Listing 12.05, but found that the
requirements were not met. (Tr. 13.)
Denson'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 medium work as defined in 20
CFR 404.1567(c) and 416.967(c) except he cannot lift and
carry more than 50 pounds occasionally and 25 pounds
frequently, and sit, stand and walk more than 6 out of 8
hours total in an 8 hour workday. The claimant can perform
simple routine 1-2 step tasks and instructions with only
found that Denson's allegations regarding his limitations
were not entirely credible. (Tr. 15.)
further found that Denson was capable of performing past
relevant work as a poultry hanger and hand packer. (Tr. 18.)
The ALJ found in the alternative, based on the testimony of a
vocational expert, that Denson could perform other jobs
existing in significant numbers in the national economy, such
as dishwasher and cleaner. (Tr. 18-19.) The ALJ therefore
concluded that Denson has not been under a disability, as
defined in the Social Security Act, from October 15, 2011,
through the date of the decision. (Tr. 19.)
ALJ's final decision reads as follows:
Based on the application for a period of disability and
disability insurance benefits protectively filed on August
15, 2013, the claimant is not disabled as defined in sections
216(i) and 223(d) of the Social Security Act.
Based on the application for supplemental security income
protectively field on August 15, 2013, the claimant is not
disabled under section 1614(a)(3)(A).