United States District Court, M.D. Tennessee, Nashville Division
Honorable Waverly D. Crenshaw, District Judge
REPORT AND RECOMMENDATION
BARBARA D. HOLMES United States Magistrate Judge
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),
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).
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
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. 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,
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).
THE ALJ FINDINGS
issued an unfavorable decision on July 15, 2010. AR 8-10.
Based upon the record, the ALJ made the following enumerated
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)).
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
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.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
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
8. The claimant has a high school (12th grade) education and
is able to communicate in English (20 CFR 404.1564 and
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)).
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)).