United States District Court, M.D. Tennessee, Nashville Division
WAVERLY D. CRENSHAW, JR. UNITED STATES DISTRICT JUDGE
before the Court is Gabe Ellis Sims' (“Sims”)
Motion for Judgment on the Administrative Record
(“Motion”) (Doc. No. 14), filed with a Memorandum
in Support (Doc. No. 14-1). The Commissioner of Social
Security (“Commissioner”) filed a Response in
Opposition to Sims' Motion (Doc. No. 15). Upon
consideration of the parties' filings and the transcript
of the administrative record (Doc. No. 10),  and for the
reasons given below, the Court will DENY Sims' Motion and
DISMISS the Complaint.
August 2, 2010, Sims filed an application for Disability
Insurance Benefits (“DIB”) under Title II of the
Social Security Act, alleging a disability onset date of
November 4, 2008 (“alleged onset date”). (A.R.
93.) Sims' claim was denied at the initial and
reconsideration stages of state agency review. (Id.
at 95, 103.) Sims subsequently requested de novo
review of his case by an Administrative Law Judge
(“ALJ”). (Id. at 97.) The ALJ heard the
case on September 18, 2012, when Sims appeared with an
attorney and gave testimony. (Id. at 29.) Testimony
was also received from an impartial vocational expert.
(Id.) At the conclusion of the hearing, the matter
was taken under advisement until December 3, 2012, when the
ALJ issued a written decision finding Sims not disabled on
the alleged onset date. (Id. at 23.) That decision
contains the following enumerated findings:
1. Sims meets the insured status requirements of the Social
Security Act through December 31, 2011, the alleged onset
2. Sims has not engaged in substantial gainful activity since
the alleged onset date (20 C.F.R. 404.1571 et seq).
3. Sims has the following severe impairments: coronary artery
disease status post history of bypass grafting surgery; gout;
hypertension; obesity; peripheral artery disease; status post
total knee replacement and osteoarthritis; schizophrenia;
cognitive disorder; and alcohol abuse (20 C.F.R.
4. Since the alleged onset date, Sims 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, and 404.1526).
5. Sims had the residual functional capacity
(“RFC”) to perform medium work as defined in 20
C.F.R. 404.1567(c) i.e., occasional lifting and carrying up
to 50 pounds; frequent lifting and carrying up to 25 pounds;
standing or walking for six hours in an eight-hour workday;
sitting for six hours in an eight-hour workday, and pushing
and pulling with the aforementioned weight limitations.
Mentally he can understand, remember, and carry out only
simple, unskilled, one-to-three step job instructions and
maintain adequate concentration, persistence, and pace on
such duties for two hours at a time with customary work
breaks. However, he should have no interaction with the
general public, cannot work in very tight or enclosed spaces,
should not work among crowds of people, and cannot have more
than occasional contact with coworkers on a brief and
6. Sims cannot perform past relevant work (20 C.F.R.
7. Sims was born on February 6, 1953 and was 58 years old,
which is defined as an individual closely approaching
advanced age, on the date last insured (20 C.F.R. 404.1563).
8. Sims has at least a high school education and is able to
communicate in English (20 C.F.R. 404.1564).
9. Transferability of job skills is not material to the
determination because using the Medical Vocational Rules as a
framework supports a finding that Sims is “not
disabled, ” whether or not he has transferable job
skills (See SSR 82-41 and 20 C.F.R. Part 404, Subpart P,
10. Through the date last insured, considering Sims' age,
education, work experience and RFC, there were jobs that
existed in significant numbers in the national economy that
Sims could perform (20 C.F.R. 404.1569 and 404.1569(a)).
(Id. at 12-23.)
January 7, 2014, the Appeals Council denied Sims' request
for review of the ALJ's decision, thereby rendering that
decision the final decision of the SSA. (Id. at 1.)
This civil action was thereafter timely filed, and the Court
has jurisdiction. 42 U.S.C. § 405(g).
Review of Record
Court adopts the summary of Sims' records from the