United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION 
R. LAMMENS, UNITED STATES MAGISTRATE JUDGE
appeals the administrative decision denying her application
for a period of disability and Disability Insurance Benefits
(“DIB”). Upon a review of the record, the
memoranda, and the applicable law, I recommend that the
Commissioner's decision be AFFIRMED.
sake of convenience, the administrative history, which is not
in dispute, is copied from the Government's brief:
Plaintiff protectively filed an application for a period of
disability and disability insurance benefits (DIB) on April
12, 2014 (Tr. 20, 131). The application was denied initially
and on reconsideration (Tr. 76, 82). An administrative law
judge (ALJ) held a hearing on August 2, 2016, and issued a
decision on August 31, 2016, finding Plaintiff was not
disabled through the date of the decision (Tr. 17-28, 33-54).
The Appeals Council denied Plaintiff's request for review
(Tr. 1-6). This case is now ripe for review under 42 U.S.C.
(Doc. 20, p. 1).
time of the ALJ's decision, Plaintiff was 54 years of
age. (Tr. 28, 131). Plaintiff completed two years of college,
and has past work experience as a bookkeeper. (Tr. 51,
on a review of the record, the ALJ found that Plaintiff had
the severe impairments of a back disorder and obesity/weight
gain. (Tr. 23). The ALJ found that Plaintiff had the residual
functional capacity (RFC) to perform a reduced range of
sedentary work. The ALJ found:
[Plaintiff] can occasionally climb ramps or stairs, never
climb ladders, ropes, or scaffolds, frequently balance,
occasionally stoop, and frequently kneel, crouch and crawl.
The claimant is further limited to frequent bilateral
reaching, handling, and fingering, must avoid concentrated
exposure to irritants such as fumes, odors, dust, gases, and
poorly ventilated areas, and be able to stand in place for a
minute every 15 minutes.
upon this RFC, and considering the testimony of the
vocational expert, the ALJ found that Plaintiff is capable of
performing past relevant work as a bookkeeper, both as
generally described in the DOT and as actually performed by
claimant. (Tr. 28). Accordingly, the ALJ determined that
Plaintiff is not disabled. (Tr. 28).
Standard of Review
claimant is entitled to disability benefits when he or she is
unable to engage in any substantial gainful activity by
reason of any medically determinable physical or mental
impairment which can be expected to either result in death or
last for a continuous period of not less than twelve months.
42 U.S.C. §§416(i)(1), 423(d)(1)(A); 20 C.F.R.
Commissioner has established a five-step sequential analysis
for evaluating a claim of disability, which is by now
well-known and otherwise set forth in the ALJ's decision.
See 20 CFR §§ 404.1520(a), 416.920(a);
see also Doughty v. Apfel, 245 F.3d 1274, 1278 (11th
Cir. 2001). The claimant, of course, bears the burden of
persuasion through step four and, ...