The opinion of the court was delivered by: Arthur J. Schwab United States District Judge
MEMORANDUM OPINION RE: PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT (DOC. NOS. 7 & 9)
Plaintiff, Charlotte Jean Long ("Plaintiff", "Long"), brings this action pursuant to 42 U.S.C. § 405(g) of the Social Security Act (the "Act"), seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application supplemental security income ("SSI"). The parties have submitted Cross-Motions for Summary Judgment on the record developed at the administrative proceedings. For the following reasons, Plaintiff‟s Motion for Summary Judgment (Doc. No. 9) will be denied. The Commissioner‟s Motion for Summary Judgment (Doc. No. 7) will be granted and the administrative decision of the Commissioner will be affirmed.
Long protectively filed for SSI disability benefits in early 2008.*fn1 The application was denied by the state agency on August 29, 2008. R. 66-79. Long responded on September 4, 2008, by filing a timely request for an administrative hearing. R. 80-82. On November 13, 2009, an administrative hearing was held in Morgantown, West Virginia, before Administrative Law Judge ("ALJ") George Mills, III. R. 21-60. Long, who was represented by counsel, appeared and testified. R. 26-5. Timothy Mahler, an impartial vocational expert ("VE"), also testified. R. 50-55.
In a decision dated December 8, 2009, the ALJ determined that Long was not "disabled" within the meaning of the Act. R. 10-16. The Appeals Council denied Long‟s request for review on October 5, 2010, thereby making the ALJ‟s decision the final decision of the Commissioner in this case. R. 1-3.
Long commenced the present action on November 19, 2010, seeking judicial review of the Commissioner‟s decision. Doc. No. 1. Long and the Commissioner filed Cross-Motions for Summary Judgment on March 21, 2011. Doc. Nos. 7 & 9. These Motions are the subject of this Memorandum Opinion.
III.Statement of the Case
In his decision, the ALJ made the following findings:
1. The claimant had not engaged in substantial gainful activity since January 25, 2008, the application date. 20 C.F.R. § 416.971 et seq.
2. The claimant had the following severe impairments: fibromyalgia; history of asthma/sarcoidosis; depression and OCD. 20 C.F.R. § 416.920(c).
3. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 416.920(d), 416.925, and 416.926).
4. After careful consideration of the entire record, the undersigned finds that the claimant had the residual functional capacity to perform light work as defined in 20 C.F.R. § 416.967(b); ability to switch positions from sitting to standing for 10 minutes every hour; occasional postural movement except no climbing ladders, roper, or scaffolds; avoid concentrated exposure to temperature extremes, ...