Shepherd v. SSA

District Court, E.D. Kentucky·Decided August 18, 2025·No. 6:24-cv-00106·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION (at London) JEFFERY S., ) ) Plaintiff, ) Civil Action No. 6:24-CV-106-CHB ) v. ) ) COMMISSIONER OF SOCIAL ) MEMORANDUM OPINION SECURITY, ) AND ORDER ) Defendant. ) *** *** *** *** This matter is before the Court on Claimant Jeffery S.’s Opening Brief. [R. 11]. The Commissioner responded, [R. 13], and Claimant filed a Reply, [R. 14]. Therefore, the matter is ripe and ready for review. For the reasons that follow, the Court will affirm the final decision of the Commissioner. I. BACKGROUND On June 24, 2022, Claimant Jeffery S. protectively filed an application for Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. § 1382c(a)(3) (the “Act”), [R. 8, p. 14 (Administrative Record) (hereinafter “Administrative Transcript” or “Tr.”)]; see also id. at 193–94.1 He alleges disability beginning on February 28, 2020, due to “OCD, depression, anxiety, fibromyalgia, lumbar disc disease, cervical disc disease, anterior osteophytes, hypertension, and high fast heart rate.” Id. at 14, 81, 220. Claimant’s application was denied initially, id. at 103–106, and upon reconsideration. Id. at 115–118. At Claimant’s request, a hearing was held July 14, 2023 before Administrative Law Judge (“ALJ”) Antony Saragas. Id. at 50–80. 1 The Court uses the numbering system assigned by the Court’s electronic filing system. With Claimant’s consent, the hearing was held by telephone due to the Coronavirus pandemic. Id. The ALJ issued an unfavorable decision dated September 6, 2023, id. at 14–38, and the Appeals Council affirmed. Id. at 5–10. In making his determination, ALJ Saragas applied the traditional five-step sequential

analysis promulgated by the Commissioner for evaluating a disability claim. 20 C.F.R. § 404.1520; Kyle v. Comm’r of Soc. Sec., 609 F.3d 847, 855 (6th Cir. 2010). In summary, the evaluation process proceeds as follows: 1. Is the claimant involved in substantial gainful activity? If the answer is “yes,” the claimant is not disabled. If the answer is “no,” proceed to the next step.

2. Does the claimant have a medically determinable impairment or combination of impairments that satisfies the duration requirement and significantly limits his or her physical or mental ability to do basic work activities? If the answer is “no,” the claimant is not disabled. If the answer is “yes,” proceed to the next step.

3. Does the claimant have an impairment that meets or medically equals the criteria of a listed impairment within 20 C.F.R. Part 404, Subpart P, Appendix 1? If the answer is “yes,” the claimant is disabled. If the answer is “no,” proceed to the next step.

4. Does the claimant have the Residual Functional Capacity (“RFC”) to return to his or her past relevant work? If the answer is “yes,” then the claimant is not disabled. If the answer is “no,” proceed to the next step.

5. Does the claimant’s RFC, age, education, and work experience allow him or her to make an adjustment to other work? If the answer is “yes,” the claimant is not disabled. If the answer is “no,” the claimant is disabled.

See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The claimant bears the burden of proof with respect to steps one through four. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 529 (6th Cir. 1997). The burden shifts to the Commissioner at step five to prove that other work is available that the claimant is capable of performing. Jordan v. Comm’r of Soc. Sec., 548 F.3d 417, 423 (6th Cir. 2008). The claimant always retains the burden of proving lack of RFC. Id.; Her v. Comm’r of Soc. Sec., 203 F.3d 388, 392 (6th Cir. 1999). First, ALJ Saragas found that Claimant met “the insured status requirements of the Social Security Act through March 31, 2024,” [Tr. 16], and did not engage in substantial gainful activity at any point since February 28, 2020, Claimant’s alleged onset date. Id. Second, he found Claimant

has the severe impairments of “degenerative disc disease cervical, thoracic, and lumbar spine, fibromyalgia, hypertension, obesity, and depressive, personality, and anxiety disorders.” Id. Third, ALJ Saragas found that none of Claimant’s impairments or combination of impairments meet or medically equal the severity of a listed impairment under 20 C.F.R. Pt. 404, Subpt. P, App’x 1. Id. at 17; see also id. at 17–19. ALJ Saragas then determined Claimant has the RFC to perform “light work” as defined in 20 C.F.R. § 404.1567(b), except no more than four hours standing/walking per day; occasional stooping, kneeling, crouching, crawling, and climbing ramps/stairs; no climbing ladders, ropes or scaffolds; no workplace hazards, such as unprotected heights or moving mechanical parts, and no commercial driving; no work on uneven terrain; occasional overhead reaching with the bilateral upper extremities; occasional interaction with coworkers, supervisors, and the public; and occasional changes in the workplace environment in routine.

Id. at 19; see also id. at 19–35 (discussing RFC determination). Fourth, ALJ Saragas found Claimant is “unable to perform any past relevant work.” Id. at 35. Fifth and finally, considering Claimant’s age, education, work experience, and RFC, ALJ Saragas determined “there are jobs that exist in significant numbers in the national economy that the Claimant can perform.” Id. at 36. Based on this evaluation, ALJ Saragas concluded that Claimant was not disabled, as defined in the Social Security Act, at any point since his alleged onset date through the date of the ALJ’s decision. Id. at 37. Claimant sought administrative review of the decision, and the Appeals Council declined review on June 17, 2024. Id. at 5–10. At that point, ALJ Saragas’s decision became the final decision of the Commissioner, and Claimant sought judicial review from this Court on July 29, 2024. [R. 1]. II. LEGAL STANDARD

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Shepherd v. SSA, (E.D. Ky. 2025).

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