United States District Court, M.D. Tennessee, Nashville Division
GENE E. NEVILS
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.
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
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.
filed an application for SSI on June 12, 2007. See
Transcript of the Administrative Record (Docket Entry No. 10)
at 70, 72. 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
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).
THE ALJ FINDINGS
issued an unfavorable decision on March 26, 2010. AR 28-30.
Based upon the record, the ALJ made the following enumerated
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).
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.
4. The claimant has no past relevant work (20 CFR 416.965).
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).
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
9. The claimant has not been under a disability, as defined
in the Social Security Act, since June 12, 2007, the date the