United States District Court, M.D. Tennessee, Northeastern Division
H. SHARP UNITED STATES DISTRICT JUDGE
before the Court is Plaintiff's Motion for Judgment
on the Administrative Record (Docket Entry No. 11). The
motion has been fully briefed by the parties.
filed this action pursuant to 42 U.S.C. § 405(g) to
obtain judicial review of the final decision of the
Commissioner of Social Security (“Commissioner”)
denying Plaintiff's claim for disability insurance under
Title II, as provided by the Social Security Act (“the
Act”). Upon review of the administrative record as a
whole and consideration of the parties' filings, the
Court finds that the Commissioner's determination that
Plaintiff is not disabled under the Act is supported by
substantial evidence in the record as required by 42 U.S.C.
§ 405(g). Plaintiff's motion will be denied.
Jennifer Jo Braddom, filed a Title II application for a
period of disability and disability insurance on August 26,
2011, alleging disability as of May 31, 2009. (Tr. 156). The
claim was denied at the initial level on November 9, 2011
(Tr. 111-113) and on reconsideration on January 11, 2012.
(Tr. 114-115). Thereafter, she filed a timely written request
for hearing dated February 23, 2012. (Tr. 120). On May 15,
2013, a video hearing was held. (Tr. 74-108). On August 14,
2013, the ALJ issued a decision denying Plaintiff's
claim. (Tr. 50-69). Plaintiff filed a Request for Review of
Hearing Decision on October 9, 2013. (Tr. 47-48). On December
6, 2014, the Appeals Council issued an order denying the
Request for Review. (Tr. 1-7). See (Docket Entry No.
11 at p. 1). This civil action was thereafter timely filed,
and the Court has jurisdiction. 42 U.S.C. § 405(g).
THE ALJ FINDINGS
issued an unfavorable decision on August 15, 2013. (AR p.
50). Based upon the record, the ALJ made the following
1. The claimant meets the insured status requirements of the
Social Security Act through June 20, 2014.
2. The claimant has not engaged in substantial gainful
activity, since May 31, 2009, the alleged onset date (20 CFR
404.1571 et seq. and 416.971 et seq.).
3. The claimant has the following severe impairments:
diabetes, status post lumbar laminectomy with
microdiscectomy, rheumatoid arthritis, recurrent kidney
stones, borderline intellectual functioning depressive
disorder (20 CFR 404.1520(c).
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526).
5. After careful consideration of the entire record, I find
that the claimant has the residual functional capacity to
perform light work as defined in 20 CFR 404.1567(b) except
she can perform frequent postural movements and cannot
tolerate exposure to temperature extremes, wetness or
humidity or vibration. She is able to perform simple tasks,
adapt to gradual and infrequent changes in her work routine,
maintain concentration and persistence for simple tasks and
is limited to work that requires occasional interaction with
the public and coworkers and supervision that is direct and
6. The claimant is capable of performing past relevant work
as a gluer. This work does not require the performance
work-related activities precluded by the claimant's
residual functional capacity (20 CFR 404.1565).
7. The claimant has not been under a disability, as defined
in the Social Security Act, from May 31, 2009, through the
date of this decision (20 CFR 404.1520(f).
(AR pp. 55-65).
REVIEW OF THE RECORD
following summary of the evidence of record is taken from
Plaintiff's brief, Docket Entry No. 12 at pp. 2, 13-16:
Jennifer Jo Braddom was born on January 26, 1971 and was 42
years old at the time of her hearing. (Tr. 78). She has a
high school education and was in special education classes.
She has no additional vocational training. Her work history
includes working for White County as a custodian in 2002;
working at Tri State Distribution as a gluer in 2003; working
at Food Lion as a stocker in 2003; working at Sequatchie
County Board of Education as a custodian in 2004; and her
last work was at Fixture World in Cookeville where she left
in May of 2009 because she was no longer able to work due to
back pain and kidney stones. (Tr. 81-83).
Ms. Braddom testified that she is unable to work due to back
pain, kidney stones and arthritis. She had surgery on her
back in December 2011 which helped the sciatic nerve and
decreased the intensity of her back pain but did not relieve
it completely. She rated her pain a 9 prior to surgery and a
4 or 5 following surgery. (Tr. 83-84).
She testified that she had arthritis and was treated for it
by Dr. Gore, rheumatologist. She last saw Dr. Gore two months
prior to the hearing and was due to return on June 1, 2013.
(Tr. 84). Dr. Gore treated her with Methotrexate, Humira,
Folic Acid, and Hydro chloroquine. Humira helped but caused
trouble with her right knee. At times it looked like there
was an egg by her kneecap. She rated her daily pain from
arthritis a 7 of 10 and a 10 of 10 when it was raining. (Tr.
She testified that she took Paxil for depression and anxiety
at one time and that she was taking Trazadone for sleep at
the time of the hearing, prescribed by Dr. Gotcher. (Tr.
She testified that her husband owned a farm seven miles from
their home. She tried to mow it at times but had not been
able to do that in a while because the lawn mower jarred her
kidney stone and made it too difficult. She had not been able
to work on the farm for two years. She would feed and watch
the horses at times, but her husband took care of the fields
with a tractor. There were really not stalls to clean because
they would run in the fields. (Tr. 86-87).
She testified that she had kidney stones on a regular basis.
She described the kidney stones as a really bad pain in the
flank on her sides. She could feel them cutting and at times
she urinated blood. She was on Hydrochlorothiazide which
helped flush the kidneys. She also took Calcium Citrate which
helped lessen the flare ups. She had been passing them on her
own since taking Calcium Citrate but they still did the same
cutting. She suffers from kidney stones 10 to 15 days out of