3:13-cv-00524 | E.D. Va. | Aug 11, 2014
Case 3:13-cv-00524-HEH Document 17 Filed 08/11/14 Page 1 of 29 PageID# 93
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division JAMES M. RUSSELL, Plaintiff, Civil No. 3:13cv524 (HEH) CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant. REPORT AND RECOMMENDATION James R. Russell ("Plaintiff) is 34 years old and previously worked as a landscapes a floor technician, produce clerk, sales clerk and store laborer. On April 22, 2011, Plaintiff applied for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act ("Act"), claiming disability beginning March 31, 2011, due to gout, back spasms, heart palpitations, high blood pressure, anxiety and depression. After denial of his claim, Plaintiff appealed to an Administrative Law Judge ("ALJ") and Plaintiff for the first time claimed an intellectual disability. The ALJ found that Plaintiff was not disabled under the Act and thereafter the Appeals Council denied Plaintiffs request for review.
Plaintiff now challenges the ALJ's denial of benefits, arguing that the ALJ erred by finding that Plaintiffs major joint dysfunction and right knee injury were not severe impairments, by determining that Plaintiffs mental condition failed to meet listing § 12.05 and by determining that Plaintiff could perform limited work at all exertional levels, including his past relevant work. (PL's Mem. in Supp. of Mot. for Summ. J. ("PL's Mem.") (ECF. No. 14) at 15-25.)