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Klein v. Colvin

United States District Court, D. Colorado

March 13, 2014

CHRISTOF KLEIN, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

Page 1339

For Christof N. Klein, Plaintiff: Teresa H. Abbott, Law Office of Teresa Abbott, P.C., Denver, CO.

For Michael J. Astrue, Commissioner of Social Security, Defendant: J. Benedict Garcia, U.S. Attorney's Office-Denver, Denver, CO; Kirsten Anna Westerland, Sandra Thourot Krider, Social Security Administration-Denver, Office of the General Counsel, Region VIII, Denver, CO.

Page 1340

ORDER AFFIRMING COMMISSIONER

Robert E. Blackburn, United States District Judge.

The matter before me is plaintiff's Complaint

Page 1341

[#1],[1] filed November 30, 2012, seeking review of the Commissioner's decision denying plaintiff's claim for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401, et seq. I have jurisdiction to review the Commissioner's final decision under 42 U.S.C. § 405(g). The matter has been fully briefed, obviating the need for oral argument. I affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff alleges that he is disabled as a result of anxiety, depression, migraine headaches, bipolar disorder, and attention deficit disorder. After his application for disability insurance benefits was denied, plaintiff requested a hearing before an administrative law judge. This hearing was held on June 6, 2011. At the time of the hearing, plaintiff was 47 years old. He has a high school education with two years of college course work and past relevant work experience as a plumber. He has not engaged in substantial gainful activity since November 20, 2006, his alleged date of onset.

The ALJ found that plaintiff was not disabled and therefore not entitled to disability insurance benefits. Although the evidence established that plaintiff suffered from severe impairments, the judge concluded that the severity of those impairments did not meet or equal any impairment listed in the social security regulations. The ALJ found that plaintiff had the residual functional capacity to perform a range of medium work with postural and non-exertional limitations. Although this determination precluded plaintiff's past relevant work, the ALJ concluded that there were other jobs existing in significant numbers in the national and local economies that he could perform. The ALJ therefore found plaintiff not disabled at step five of the sequential evaluation. Plaintiff appealed this decision to the Appeals Council. The Council affirmed. Plaintiff then filed this action in federal court.

II. STANDARD OF REVIEW

A person is disabled within the meaning of the Social Security Act only if his physical and/or mental impairments preclude him from performing both his previous work and any other " substantial gainful work which exists in the national economy." 42 U.S.C. § 423(d)(2). " When a claimant has one or more severe impairments the Social Security [Act] requires the [Commissioner] to consider the combined effects of the impairments in making a disability determination." Campbell v. Bowen, 822 F.2d 1518, 1521 (10th Cir. 1987) (citing 42 U.S.C. § 423(d)(2)(C)). However, the mere existence of a severe impairment or combination of impairments does not require a finding that an individual is disabled within the meaning of the Social Security Act. To be disabling, the claimant's condition must be so functionally limiting as to preclude any substantial gainful activity for at least twelve consecutive months. See Kelley v. Chater, 62 F.3d 335, 338 (10th Cir. 1995).

The Commissioner has established a five-step sequential evaluation process for determining ...


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