United States District Court, M.D. Tennessee, Nashville Division
JAMES ALBERT KING, JR.
NANCY A. BERRYHILL Acting Commissioner of Social Security
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 his claim for Disability
Insurance Benefits (“DIB”) and Supplemental
Security Income (“SSI”), as provided under Titles
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. 14), to which Defendant has responded (Docket Entry
No. 18). This action is before the undersigned for all
further proceedings pursuant to the consent of the parties
and the District Judge in accordance with 28 U.S.C. §
636(c) (Docket Entry No. 21).
review of the administrative record as a whole and
consideration of the parties' filings, Plaintiff's
motion is GRANTED. For the reasons stated
herein, the Court REVERSES the decision of
the Commissioner and REMANDS this case for
further administrative proceedings.
filed an application for DIB and SSI on June 15, 2010.
See Transcript of the Administrative Record (Docket
Entry No. 9) at 60-61. He alleged a disability onset date of
March 1, 2010. AR 60-61. Plaintiff asserted that he was
unable to work due to back pain, a bulging disc, herpes,
pancreatitis, and illiteracy. AR 74, 76.
applications were denied initially and upon reconsideration
AR 60-63. Pursuant to his request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
testified at a hearing before ALJ Marty S. Turner on November
7, 2011. AR 26. On January 31, 2012, the ALJ denied the
claim. AR 10-12. The Appeals Council denied Plaintiff's
request for review of the ALJ's decision on April 15,
2013 (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 January 31, 2012. AR 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, 2014.
2. The claimant has not engaged in substantial gainful
activity since March 1, 2010, the alleged onset date (20 CFR
404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairment: lumbar
degenerative disc disease (20 CFR 404.1520(c) and
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, 404.1526,
416.920(d), 416.925 and 416.926).
5. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work as defined in 20
CFR 404.1567(b) and 416.967(b) except the claimant is limited
to occasional climbing of ramps and stairs. The claimant can
never climb ropes, ladders, or scaffolds. The claimant is
limited to occasional balancing, stooping, kneeling,
crouching, and crawling. The claimant is to avoid exposure to
hazardous heavy moving machinery and unprotected heights.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
7. The claimant was born on December 21, 1962 and was 47
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 and 416.964).
9. Transferability of job 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 disabled, ” 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 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, from March 1, 2010, through the
date of this decision (20 CFR 404.1520(g) and 416.920(g)).
REVIEW OF THE RECORD
parties and the ALJ have thoroughly summarized and discussed
the medical and testimonial evidence of the administrative
record. Accordingly, the Court will discuss those matters
only to the extent necessary to analyze the parties'
DISCUSSION AND ...