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Canfield v. Colvin

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

March 2, 2017

HAROLD DEAN CANFIELD
v.
CAROLYN W. COLVIN Acting Commissioner of Social Security

          Honorable Waverly D. Crenshaw, District Judge

          REPORT AND RECOMMENDATION

          BARBARA D. HOLMES United States Magistrate Judge

         Plaintiff 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 period of disability, Disability Insurance Benefits (“DIB”), and Supplemental Security Income (“SSI”) as provided under Title II and 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. 12), [1] to which Defendant has filed a response (Docket Entry No. 18). Plaintiff has also filed a subsequent reply to Defendant's response (Docket Entry No. 21).

         Upon review of the administrative record as a whole and consideration of the parties' filings, the undersigned Magistrate Judge respectfully recommends that Plaintiff's motion for judgment on the administrative record (Docket Entry No. 12) be GRANTED and the decision of the Commissioner be REVERSED and REMANDED for further administrative proceedings.

         I. INTRODUCTION

         Plaintiff filed an application for a period of disability, DIB, and SSI on September 21, 2007. See Transcript of the Administrative Record (Docket Entry No. 8) at 78, 80, 82, 84.[2] He alleged a disability onset date of September 17, 2007, but later amended this to July 21, 2008. AR 11, 78, 80, 82, 84. Plaintiff asserted that he was unable to work because of high blood pressure, coronary heart disease, a heart attack, and heart surgery. AR 79, 81, 83, 85.

         Plaintiff's applications were denied initially and upon reconsideration. AR 78-85. Pursuant to his request for a hearing before an administrative law judge (“ALJ”), Plaintiff appeared with counsel and testified at a hearing before ALJ Daniel E. Whitney on June 17, 2010. AR 25. On July 15, 2010, the ALJ denied the claim. AR 8-10. The Appeals Council denied Plaintiff's request for review of the ALJ's decision on November 10, 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).

         II. THE ALJ FINDINGS

         The ALJ issued an unfavorable decision on July 15, 2010. AR 8-10. Based upon the record, the ALJ made the following enumerated findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2009.
2. The claimant has not engaged in substantial gainful activity since September 17, 2007, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: coronary artery disease; Tourette syndrome; and bipolar disorder (20 CFR 404.1520(c) and 416.920(c)).
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4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).
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5. After careful consideration of the entire record, I find that the claimant has the residual functional capacity to lift and/or carry 25 pounds occasionally and 12½ pounds frequently; stand and/or walk 4 hours out of 8 hours; sit 7 hours out of 8 hours; understand, remember, and carry out simple and detailed instructions and to make judgments on simple and detailed work-related decisions; and occasionally interact with the public.
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6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
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7. The claimant was born on April 6, 1960 and was 47 years old, which is defined as a younger individual, on the alleged disability onset date. The claimant subsequently changed age category to closely approaching advanced age (20 CFR 404.1563 and 416.963).
8. The claimant has a high school (12th grade) education and is able to communicate in English (20 CFR 404.1564 and 416.964).
9. Transferability of job skills is not an issue in this case because the claimant's past relevant work is unskilled (20 CFR 404.1568 and 416.968).
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 can perform (20 CFR 404.1569, 404.1569(a), 416.969, and 416.969(a)).
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11. The claimant has not been under a “disability” as defined in the Social Security Act, since September 17, 2007, through the date of this decision (20 CFR 404.1520(g), and 416.920(g)).

AR 13-20.

         III. ...


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