United States District Court, W.D. North Carolina, Asheville Division
SAMUEL R. SHANNON, Plaintiff,
NANCY A. BERRYHILL,  Acting Commissioner of Social Security Administration, Defendant.
J. Conrad, Jr., United States District Judge.
MATTER comes before the Court on Samuel R.
Shannon's (“Plaintiff's”) Motion for
Summary Judgment, (Doc. No. 7), and Memorandum in Support,
(Doc. No. 8), Nancy A. Berryhill's
(“Defendant's or Commissioner's”) Motion
for Summary Judgment, (Doc. No. 9), and Memorandum in
Support, (Doc. No. 10).
seeks judicial review of Defendant's denial of his social
security claim. (Doc. No. 1). On September 16, 2013,
Plaintiff filed his application for a period of disability
and disability insurance benefits under Title II of the
Social Security Act, 42 U.S.C. § 405 et seq.
(Doc. Nos. 6 to 6-1: Administrative Record
(“Tr.”) at 14). Plaintiff's application was
denied initially and upon consideration. (Tr. 89, 94).
August 22, 2016, a hearing was held in front an
Administrative Law Judge (“ALJ”). (Tr. 28-63). On
October 18, 2016, the ALJ issued a decision finding Plaintiff
not disabled. (Tr. 11-23). The Appeals Council denied review
of the ALJ's decision on January 12, 2017, making the
ALJ's opinion the final decision of Defendant. (Tr. 1-5).
Plaintiff now appeals the ALJ's decision, requesting this
Court to issue a remand pursuant to 42 U.S.C. §405(g).
question before the ALJ was whether the claimant is disabled
under sections 216(i) and 223(d) of the Social Security Act.
(Tr. 14). To establish entitlement to benefits, Plaintiff has
the burden of proving that he was disabled within the meaning
of the Social Security Act. Bowen v. Yuckert, 482
U.S. 137, 146 n.5 (1987). The ALJ ultimately concluded that
Plaintiff was not under a disability from July 31, 2013, his
alleged onset date, through June 30, 2016, the date Plaintiff
was last insured. (Tr. 23).
Social Security Administration has established a five-step
sequential evaluation process for determining if a person is
disabled. 20 C.F.R. § 404.1520(a). The five steps are:
(1) whether claimant is engaged in substantial gainful
activity-if yes, not disabled;
(2) whether claimant has a severe medically determinable
physical or mental impairment, or combination of impairments
that meet the duration requirement in § 404.1509-if no,
(3) whether claimant has an impairment or combination of
impairments that meets or medically equals one of the
listings in appendix 1 and meets the duration requirement-if
(4) whether claimant has the residual functional capacity
(“RFC”) to perform his or her past relevant
work-if yes, not disabled; and
(5) whether considering claimant's RFC, age, education,
and work experience he or she can make an adjustment to other