United States District Court, E.D. Tennessee, Knoxville
REPORT AND RECOMMENDATION
Clifford Shirley, Jr., United States Magistrate Judge
case is before the undersigned pursuant to 28 U.S.C. §
636(b), Rule 72(b) of the Federal Rules of Civil Procedure,
and the Rules of this Court for a report and recommendation
regarding disposition by the District Court of the
Plaintiff's Motion for Judgement on the Pleadings and
Memorandum in Support [Docs. 12 & 13] and the
Defendant's Motion for Summary Judgment and Memorandum in
Support [Docs. 14 & 15]. Jack Griffith (“the
Plaintiff”) seeks judicial review of the decision of
the Administrative Law Judge (“the ALJ”), the
final decision of the Defendant Carolyn W. Colvin, Acting
Commissioner of Social Security (“the
September 25, 2014, the Plaintiff filed an application for
disability insurance benefits (“DIB”), claiming a
period of disability which began March 1, 2014. [Tr. 160-63].
After his application was denied initially and upon
reconsideration, the Plaintiff requested a hearing. [Tr.
93-94]. On August 3, 2015, a hearing was held before the ALJ
to review determination of the Plaintiff's claim. [Tr.
26-48]. On September 18, 2015, the ALJ found that the
Plaintiff was not disabled. [Tr. 6-25]. The Appeals Council
denied the Plaintiff's request for review [Tr. 1-4];
thus, the decision of the ALJ became the final decision of
exhausted his administrative remedies, the Plaintiff filed a
Complaint with this Court on December 18, 2015, seeking
judicial review of the Commissioner's final decision
under Section 405(g) of the Social Security Act. [Doc. 1].
The parties have filed competing dispositive motions, and
this matter is now ripe for adjudication.
made the following findings:
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2019.
2. The claimant has not engaged in substantial gainful
activity since March 1, 2014, the alleged onset date (20 CFR
404.1571 et seq.).
3. The claimant has the following combination of severe
impairments: right ankle tendinitis, degenerative disc
disease, and anxiety 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 and 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). The
claimant can lift and carry, push and pull 20 pounds
occasionally and 10 pounds frequently. With normal breaks in
an 8-hour day, he can sit for 6 hours and stand and/or walk
for 6 hours; can occasionally climb ladders, ropes,
scaffolds, ramps, and stairs; and can occasionally balance
stoop, kneel, crouch, and crawl. The claimant can understand
and perform simple and detailed tasks, but cannot make
independent decisions at an executive level; can interact
appropriately with co-workers and supervisors on a frequent
basis, and with the public on an occasional basis; can set
goals independently; and can adapt to gradual and infrequent
6. The claimant is unable to perform any past relevant work.
7. The claimant was born on August 10, 1971 and was 42 years
old, which is defined as a younger individual age 18-49, on
the alleged disability onset date (20 CFR 404.1563).
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564).
9. Transferability of jobs skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disable, ” whether or
not the claimant has transferable job skills (See SSR 82-41
and 20 CFR Part 404, Subpart P, Appendix 2).
10. 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 ...