Hamm v. Colvin, No. 1:2014cv00038 - Document 23 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by Magistrate Judge Ivan D. Davis on 1/12/15. (gwalk, )
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Hamm v. Colvin Doc. 23 UNITED STATES DISTRICT COURT f;;^ FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division JAN I 2 20i5 RICHARD J. HAMM, JR., clerk. U.b. UlSTRlCT COijRi A[^jdria.virgw ^ Plaintiff, l:14-cv-00038(IDD) V. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION This matter is before the Court on the parties' cross-motions for summary judgment (Dkt. Nos. 12, 14). Pursuant to 42 U.S.C. § 405(g), Richard J. Hamm, Jr. ("Plaintiff) seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner" or "Defendant") denying his claim for disability insurance benefits ("DIB") under Title II of the Social Security Act ("the Act"), 42 U.S.C. §§ 401-434. For the reasons stated below, the Court finds that Defendant's decision is supported by substantial evidence, and that there is no evidence warranting remand. Accordingly, the Court GRANTS summary judgment for Defendant and DENIES summary judgment for Plaintiff. I. PROCEDURAL BACKGROUND Plaintiff filed an application for DIB on March 27, 2006, alleging disability since September 2, 2004 due to various impairments of the lumbar spine, including "degenerative disc disease" and "lumbar radiculopathy." (Administrative Record ("R.") Ill, 197.) Plaintiff last met the insured status requirements of the Act ("date last insured") on December 31, 2009. {Id. at 488.) Plaintiffs initial claim was denied on July 11, 2006 and again upon reconsideration on Dockets.Justia.com
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