United States District Court, D. Colorado
MELANIE L. COLOSKY, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant
[Copyrighted Material Omitted]
For Melanie L. Colosky, Plaintiff: Anthony L. Sokolow, LEAD ATTORNEY, Anthony L. Sokolow, P.C., Colorado Springs, CO.
For Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant: J. Benedict Garcia, LEAD ATTORNEY, U.S. Attorney's Office-Denver, Denver, CO; James Lawrence Burgess, Stephanie Lynn Fishkin Kiley, Social Security Administration-Denver, Office of the General Counsel, Region VIII, Denver, CO.
ORDER AFFIRMING COMMISSIONER
Robert E. Blackburn, United States District Judge.
The matter before me is plaintiff's Complaint [#2], filed June 27, 2013, seeking review of the Commissioner's decision denying plaintiff's claims for disability insurance benefits and supplemental security income benefits under Titles II and XVI 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 she is disabled as a result of cervical degenerative disc disease, multiple bilateral shoulder surgeries, thyroid disorder, Barrett's esophagus, depression, and anxiety. After her applications for disability insurance benefits and supplemental security income benefits were denied, plaintiff requested a hearing before an administrative law judge. This hearing was held on January 4, 2012. At the time of the hearing, plaintiff was 44 years old. She has high school education and past relevant work experience as a deli clerk, grocery checker, and meat and seafood counter clerk. She has not engaged in substantial gainful activity since April 15, 2008, her alleged date of onset.
The ALJ found that plaintiff was not disabled and therefore not entitled to disability insurance benefits or supplemental security income benefits. Although the medical evidence established that plaintiff's degenerative disc disease and shoulder impairments were severe, the ALJ concluded that the severity of those impairments did not meet or equal any impairment listed in the social security regulations. Her other alleged impairments were determined to be non-severe. The ALJ found that plaintiff had the residual functional capacity to perform a reduced range of light work with certain postural restrictions. This residual functional capacity was consistent with the all the demands of plaintiff's past relevant work as normally performed, and therefore, the ALJ found her not disabled. Alternatively, the ALJ determined that there were other jobs existing in significant numbers in the national and local economies that she could perform. He therefore found plaintiff not disabled at both step 4 and step 5 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 ...