United States District Court, M.D. Tennessee, Nashville Division
NEWBERN MAGISTRATE JUDGE.
A. TRAUGER UNITED STATES DISTRICT JUDGE.
before the court is Plaintiff Steven Michael Taylor's
Motion for Judgment on the Administrative Record
(“Motion”) (Docket No. 11), filed with a
Memorandum in Support (Docket No. 12). Defendant Commissioner
of Social Security (“Commissioner”) filed a
Response in Opposition to Plaintiff's Motion. (Docket No.
17.) Upon consideration of the parties' filings and the
transcript of the administrative record (Docket No. 9),
for the reasons given herein, the court will grant
Plaintiff's Motion (Docket No. 11) to the extent that the
case is reversed and remanded pursuant to sentence four of 42
U.S.C. § 405(g) for consideration under the appropriate
burden of proof and in consideration of any new evidence.
filed an application for Disability Insurance Benefits
(“DIB”) under Title II of the Social Security Act
on June 15, 2010 and Supplemental Security Income
(“SSI”) under Title XVI of the Act on June 25,
2010, alleging a disability onset of June 15, 2010, due to
seizures. (Tr. 177.) Taylor's claim was denied at the
initial and reconsideration stages of state agency review.
Taylor subsequently requested de novo review of his
case by an Administrative Law Judge (“ALJ”). The
ALJ heard the case on June 22, 2012, when Taylor appeared
with counsel and gave testimony. (Tr. 63-85.) Testimony was
also received from an impartial vocational expert. At the
conclusion of the hearing, the matter was taken under
advisement until August 22, 2012, when the ALJ issued a
written decision finding Taylor not disabled. (Tr. 20-30.)
That decision contains the following enumerated findings:
1. The claimant meets the insured status requirements of the
Social Security Act through June 30, 2012.
2. The claimant has not engaged in substantial gainful
activity since June 15, 2012, the alleged onset date (20
C.F.R. 404.1571 et seq., and 416.971 et
3. The claimant has the following severe impairments:
osteoarthritis of the shoulder, osteoarthritis of the hips,
degenerative disc disease, epilepsy/seizure disorder, status
post-remote brain injury, and history of alcohol abuse (20
C.F.R. 404.1520(c) and 416.920(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 C.F.R. Part 404, Subpart
P, Appendix 1 (20 C.F.R. 404.1520(d), 404.1525, 404.1526,
416.920(d), 416.925 and 416.926).
5. After careful consideration of the entire record, …
that the claimant has the residual functional capacity to
perform medium work as defined in 20 C.F.R. 404.1567(c) and
416.967(c) except that he can occasionally lift, push/pull,
or carry up to 50 pounds; sit, stand, and/or walk for up to
six hours each; should avoid all hazards due to his seizure
disorder; can understand and carry out simple instructions;
can maintain concentration, persistence, and pace for simple
tasks for two hours at a time; can interact appropriately
with others; and can adapt to infrequent changes.
6. The claimant is capable of performing past relevant work
as a packer. This does not require the performance of
work-related activities precluded by the claimant's
residual functional capacity (20 C.F.R. 404.1565 and
7. The claimant has not been under a disability, as defined
in the Social Security Act, from June 15, 2010, through the
date of this decision (20 C.F.R. 404.1520(g) and 416.920(g).
(Tr. 22-25, 29-30.)
October 10, 2013, the Appeals Council denied Taylor's
request for review of the ALJ's decision (Tr. 1-2),
thereby rendering that decision the final decision of the
SSA. This civil action was thereafter timely filed, and the
court has jurisdiction. 42 U.S.C. § 405(g).