United States District Court, M.D. North Carolina
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE
Patrick Auld United States Magistrate Judge
Sharon Harvey, brought this action pursuant to the Social
Security Act (the “Act”) to obtain judicial
review of a final decision of Defendant, the Acting
Commissioner of Social Security, denying Plaintiff's
claim for Disability Insurance Benefits (“DIB”).
(Docket Entry 1.) Defendant has filed the certified
administrative record (Docket Entry 6 (cited herein as
“Tr. __”)), and both parties have moved for
judgment (Docket Entries 8, 10; see also Docket
Entry 9 (Plaintiff's Memorandum); Docket Entry 11
(Defendant's Memorandum)). For the reasons that follow,
the Court should remand this matter for further
applied for DIB, alleging an onset date of April 4, 2011.
(Tr. 146-47.) Upon denial of that application initially (Tr.
68-77, 89-92) and on reconsideration (Tr. 78-88, 96-99),
Plaintiff requested a hearing de novo before an
Administrative Law Judge (“ALJ”) (Tr. 100-01).
Plaintiff, her attorney, and a vocational expert
(“VE”) attended the hearing. (Tr. 31-67.) The ALJ
subsequently ruled that Plaintiff did not qualify as disabled
under the Act. (Tr. 12-25.) The Appeals Council thereafter
denied Plaintiff's request for review (Tr. 1-6, 9-11,
245-49), thereby making the ALJ's ruling the
Commissioner's final decision for purposes of judicial
rendering that disability determination, the ALJ made the
following findings later adopted by the Commissioner:
1. [Plaintiff] meets the insured status requirements of the
 Act through June 30, 2016.
2. [Plaintiff] has not engaged in substantial gainful
activity since April 4, 2011, the alleged onset date.
. . .
3. [Plaintiff] has the following severe impairments: lumbar
degenerative disc disease with radiculopathy and
. . .
4. [Plaintiff] does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
. . .
5. . . . [Plaintiff] has the residual functional capacity to
perform light work . . . except she can sit for six hours and
stand and/or walk for six hours in an eight hour working day
with fifteen minute breaks every four hours; is limited to
frequent operation of foot controls with the lower
extremities bilaterally; frequent reaching overhead with the
upper extremities bilaterally; frequent climbing of ramps and
stairs; no climbing of ladders and scaffolds; frequent
stooping, kneeling, and crouching; and only occasional
crawling. Further, [Plaintiff] is limited to occasional
exposure to unprotected heights; frequent exposure to moving
mechanical parts; occasional exposure to weather and weather
extremes, such as extreme heat, cold, and humidity and
wetness; and nonconcentrated exposure to dust, odors, fumes,
and pulmonary irritant[s].
. . .
6. [Plaintiff] is unable to perform any past ...