United States District Court, M.D. Tennessee, Nashville Division
H. SHARP UNITED STATES DISTRICT JUDGE.
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.
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.
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).
issued an unfavorable decision on January 29, 2015. (AR p.
6). Based upon the record, the ALJ made the following
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
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
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)).