Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Yearwood v. Colvin

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

December 15, 2016

MELISSA YEARWOOD, Plaintiff,
v.
CAROLYN W. COLVIN Acting Commissioner of Social Security, Defendant.

          MEMORANDUM

          KEVIN H. SHARP UNITED STATES DISTRICT JUDGE.

         Pending before the Court is Plaintiff's Motion for Judgment on the Administrative Record (Docket Entry No. 14). The motion has been fully briefed by the parties.

         Plaintiff 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 Supplemental Security Income (“SSI”), 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.

         I. INTRODUCTION

         Plaintiff applied for SSI and was denied. She then requested a hearing before an administrative law judge (ALJ) (Tr. 112). On January 29, 2015, following a hearing, an ALJ found that Plaintiff was not under a “disability” as defined in the Act (Tr. 6-24). On May 14, 2016, SSA's Appeals Council denied Plaintiff's request for review (Tr. 1-5). Thus, Plaintiff has exhausted her administrative remedies, and the ALJ's decision stands as the final decision of the Commissioner subject to judicial review. 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 January 29, 2015. (AR p. 6). Based upon the record, the ALJ made the following enumerated findings:

1. The claimant has not engaged in substantial gainful activity, since September 24, 2012, the application date (20 CFR 416.971 et seq.).
2. The claimant has the following severe impairments: obesity, diabetes, obstructive sleep apnea, rheumatoid arthritis, fibromyalgia, and borderline intellectual functioning (20 CFR 416.920(c)).
3. 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).
4. After careful consideration of the record, I find that the claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 416.967(a) except that she is limited to jobs which allow a worker to briefly alternate sitting and standing every 30 minutes; cannot climb ladders; cannot more than occasionally crouch; cannot more than frequently climb stairs, balance, stoop, kneel, or crawl; cannot more than frequently handle or finger with either hand; must avoid all exposure to hazardous work environments and extreme cold; and is limited to simple repetitive work.
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born on July 21, 1970 and was 42 years old, which is defined as a younger individual age 18-44, on the date the application was filed (20 CFR 416.963).
7. The claimant has a limited education and is able to communicate English (20 CFR 416.964).
8. Transferability of job skills is not an issue because the claimant does not have past relevant wok (20 CFR 416.968).
9. 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)).
10. The claimant has not been under a disability, as defined in the Social Security Act, since September 24, 2012, the date the application was filed.
(20 CFR 416.920(g)).

         (AR pp. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.