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Dyrda v. Colvin

United States District Court, M.D. North Carolina

September 19, 2014

JOHN DYRDA, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

Page 319

[Copyrighted Material Omitted]

Page 320

For JOHN A. DYRDA, Plaintiff: CHARLOTTE W. HALL, LEAD ATTORNEY, CHARLES T. HALL LAW FIRM P.C., RALEIGH, NC.

For CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant: MARCELO N. ILLARMO, LEAD ATTORNEY, SOCIAL SECURITY ADMINISTRATION, OFFICE OF THE GENERAL COUNSEL, BOSTON, MA.

SOCIAL SECURITY ADMINISTRATION, Interested Party, Pro se.

Page 321

MEMORANDUM OPINION AND ORDER

Thomas D. Schroeder, United States District Judge.

Plaintiff John Dyrda brought this action pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C. § 405(g)) (" the Act" ), to obtain judicial review of a final decision of the Commissioner of Social Security denying his claim for supplemental security income. The parties have filed competing motions for judgment on the pleadings (Docs. 13, 15), and the administrative record has been certified to the court for review. For the reasons set forth below, Dyrda's motion will be denied, the Commissioner's motion will be granted, and the case will be dismissed.

I. BACKGROUND

John Dyrda applied for supplemental security income on February 25, 2010, alleging that he became disabled on October 15, 2009. (Tr. at 51, 127-30.) The claim was denied initially and again upon reconsideration. (Id. at 12.) Dyrda requested a hearing before an administrative law judge (" ALJ" ), which was held on December 6, 2011 before ALJ Theresa Jenkins. (Id.) Dyrda, represented by counsel, testified at the hearing, along with an independent, vocational expert. (Id.)

The ALJ ultimately held that Dyrda was not disabled. (Id. at 19.) In rendering her decision, the ALJ made the following relevant findings later adopted by the Commissioner:

1. The claimant has the following severe impairments: chronic hypertension, coronary artery disease, right shoulder adhesive capsulitis and right acromloclavicular degenerative joint disease, L5-S1 posterior disc herniation, as well as obesity (20 CFR 416.920(c)).
....
4. After careful review of the entire record, I find that the claimant has the residual functional capacity to perform " light" work as defined in 20 CFR 416.967(b) as lifting and carrying up to twenty pounds occasionally and ten pounds frequently, as well as sitting, standing and walking up to six hours in an eight hour workday. Although the claimant has unlimited use of his upper and lower extremities for pushing, pulling and operating hand or foot controls, he is limited to frequent but not continuous use of his right upper extremity for reaching in all directions. Additionally, the claimant can frequently perform all posturals, but he should avoid ladders, ropes, scaffolds, unprotected heights, as well as machines with dangerous parts. Finally, the claimant is capable of staying on task and sustaining attention and concentration for two hours at a time, but in a work environment that does not require a production or demand pace.

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....
5. The claimant is capable of performing past relevant work as, solicitor (sold items at the state fair). This work does not require the performance of work-related activities precluded by the claimant's residual functional capacity (20 CFR 416.965).
....
6. The claimant has not been under a disability, as defined in the Social Security Act, since February 25, 2010, the date the ...

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