United States District Court, E.D. Missouri, Eastern Division
LISA K. MILLER, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
CRITES-LEONI UNITED STATES MAGISTRATE JUDGE.
Lisa K. Miller 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
Miller had the medically determinable impairments of obesity,
sinusitis, and ear infection, but these impairments were not
severe through her date last insured of September 30, 2008.
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 her application for DIB on August 2, 2012,
claiming that she became unable to work on September 30,
2008,  because of fibromyalgia and high blood
pressure. (Tr. 132-38, 166.) Her claims were denied
initially. (Tr. 79-83.) Following an administrative hearing,
Miller's claims were denied in a written opinion by an
ALJ, dated April 24, 2014. (Tr. 10-16.) Miller 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 August 12, 2015. (Tr. 1-6.) Thus, the decision
of the ALJ stands as the final decision of the Commissioner.
See 20 C.F.R. '' 404.981, 416.1481.
pro se brief, Miller argues that the ALJ
“refused to review many updated medical records and
explanations concerning” her diagnosis with
fibromyalgia in June 2012. (Doc. 26 at p. 3.) After liberally
construing Miller's brief, the undersigned finds no
error, and will affirm the decision of the Commissioner.
The ALJ's Determination
first found that Miller last met the insured status
requirements of the Social Security Act on September 30,
2008. (Tr. 12.) She found that Miller did not engage in
substantial gainful activity during the period from her
alleged onset date of September 30, 2008, through her date
last insured of September 30, 2008. Id.
addition, the ALJ concluded that Miller had the following
medically determinable impairments: obesity, sinusitis, and
ear infection. Id. The ALJ found that, through the
date last insured, Miller did not have an impairment or
combination of impairments that significantly limited her
ability to perform basic work-related activities for twelve
consecutive months. Id. The ALJ therefore concluded
that Miller was not under a disability, as defined in the
Social Security Act, from September 30, 2008, the alleged
onset date, through September 30, 2008, the date last
insured. (Tr. 15.)
ALJ's final decision reads as follows:
Based on the application for a period of disability and
disability insurance benefits protectively filed on August 2,
2012, the claimant was not disabled under sections 216(i) and
223(d) of the Social Security Act ...