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Nevils v. Colvin

United States District Court, M.D. Tennessee, Nashville Division

December 1, 2016

GENE E. NEVILS
v.
CAROLYN W. COLVIN Acting Commissioner of Social Security

          Honorable John T. Nixon, Senior District Judge

          REPORT AND RECOMMENDATION

          BARBARA D. HOLMES United States Magistrate Judge.

         Plaintiff filed this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Social Security Administration (“Commissioner”) denying Plaintiff's claim for Supplemental Security Income (“SSI”) as provided under Title XVI of the Social Security Act (“the Act”). The case is currently pending on Plaintiff's motion for judgment on the administrative record (Docket Entry No. 8), to which Defendant has filed a response (Docket Entry No. 10). Plaintiff has also filed a subsequent reply to Defendant's response (Docket Entry No. 11).

         Upon review of the administrative record as a whole and consideration of the parties' filings, the Court recommends that Plaintiff's motion for judgment on the administrative record (Docket Entry No. 8) be GRANTED, the decision of the Social Security Administration be REVERSED, and this matter be REMANDED for further administrative proceedings consistent with this Report.

         I. INTRODUCTION

         Plaintiff filed an application for SSI on June 12, 2007. See Transcript of the Administrative Record (Docket Entry No. 10) at 70, 72.[1] He alleged a disability onset date of February 13, 2007. AR 31, 70, 72. Plaintiff asserted that he was unable to work because of leg and shoulder problems. AR 71, 73.

         Plaintiff's applications were denied initially and upon reconsideration. AR 31, 70-73. Pursuant to his request for a hearing before an administrative law judge (“ALJ”), Plaintiff appeared with counsel and testified at a hearing before ALJ Donald E. Garrison on March 16, 2010. AR 45. On March 26, 2010, the ALJ denied the claim. AR 28-30. The Appeals Council denied Plaintiff's request for review of the ALJ's decision on December 22, 2011 (AR 1-3), thereby making the ALJ's decision the final decision of the Commissioner. This civil action was thereafter timely filed, and the Court has jurisdiction. 42 U.S.C. § 405(g).

         II. THE ALJ FINDINGS

         The ALJ issued an unfavorable decision on March 26, 2010. AR 28-30. Based upon the record, the ALJ made the following enumerated findings:

1. The claimant has not engaged in substantial gainful activity since June 12, 2007, the application date (20 CFR 416.971 et seq.).
2. The claimant has the following severe impairments: Osteoarthritis, Degenerative Joint Disease, left knee, status post total replacement; Musculoskeletal Disorder secondary to prior injury, right shoulder (20 CFR 416.920(c)). However, 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 416.920(d), 416.925 and 416.926).
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3. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to lift and/or carry 20 pounds occasionally and 10 pounds frequently, consistent with the performance of light work as defined in 20 CFR 416.967(b) except as follows:. The claimant is limited to jobs that allow for only occasional postural activities of climbing, balancing, stooping, crouching, kneeling, or crawling, with no overhead work involving the right arm. He is further limited to jobs that permit him to alternate between standing, walking, or sitting at will.
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4. The claimant has no past relevant work (20 CFR 416.965).
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5. The claimant was born on July 21, 1964 and was 42 years old, which is defined as a younger individual, age 18-49, on the date the application was filed (20 CFR 416.963).
6. The claimant has a limited education and is able to communicate in English (20 CFR 416.964).
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7. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 416.968).
8. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 416.969 and 416.969(a)).
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9. The claimant has not been under a disability, as defined in the Social Security Act, since June 12, 2007, the date the ...

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