United States District Court, M.D. Tennessee, Nashville Division
JUDY H. PETITT, Plaintiff,
NANCY BERRYHILL, Acting Commissioner of Social Security, Defendant.
WAVERLY D. CRENSHAW, JR. UNITED STATES DISTRICT JUDGE.
before the Court is Plaintiff Judy H. Petitt's
(“Petitt”) Motion for Judgment on the
Administrative Record (“Motion”) (Doc. No. 11),
filed with a Memorandum in Support (Doc. No. 12). Defendant
Commissioner of Social Security (“Commissioner”)
filed a Response in Opposition to Plaintiff's Motion
(Doc. No. 13). Upon consideration of the parties' filings
and the transcript of the administrative record (Docket No.
and for the reasons given below, the Court will GRANT
Petitt's Motion pursuant to the sixth sentence of 42
U.S.C. § 405(g) and REMAND to the ALJ for a decision
after consideration of the new evidence.
11, 2011, Petitt filed an application for Disability
Insurance Benefits (“DIB”) under Title II of the
Social Security Act (“the Act”), alleging a
disability onset of September 28, 2010 (“alleged onset
date”). (A.R. 129.) Petitt's claim was denied at
the initial and reconsideration stages of state agency
review. (Id. at 60, 59.) Petitt subsequently
requested de novo review of her case by an
Administrative Law Judge (“ALJ”). (Id.
at 79.) The ALJ heard the case on February 26, 2013, where
Petitt appeared with a representative. (Id. at 29.)
Pettit and an impartial vocational expert testified at the
hearing. (Id.) The ALJ took the case under
advisement at the conclusion of the hearing, and issued a
written decision on April 5, 2013 finding Petitt not disabled
on the alleged onset date. (Id. at 24.) The
ALJ's written decision contains the following enumerated
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2015.
2. The claimant has not engaged in substantial gainful
activity since September 28, 2010, the alleged onset date (20
CFR 404.1571 et seq.).
3. The claimant has the following severe impairment:
degenerative disc disease (20 CFR 404.1520(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 CFR Part 404, Subpart P,
Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526.)
5. After careful consideration of the entire record, the
Administrative Law Judge finds that the claimant has the
residual functional capacity to perform light work as defined
in 20 CFR 404.1567(b) except that she can lift 20-25 pounds
occasionally and 10-12 pounds frequently; stand or walk for
four hours in an eight-hour workday; sit six hours in an
eight-hour workday; with occasional ability to climb,
balance, stoop, kneel, crouch, and crawl.
6. The claimant is capable of performing past relevant work
as a medical records clerk DOT # 205.362-018. This work does
not require the performance of work-related activities
precluded by the claimant's residual functional capacity
(20 CFR 404.1565).
7. The claimant has not been under a disability, as defined
in the Social Security Act, from September 28, 2010, through
the date of this decision (20 CFR 404.1520(f)).
(Id. at 16-24.)
2, 2014, the Appeals Council denied Petitt' request for
review of the ALJ's decision, thereby rendering that
decision the final decision of the Social Security
Administration (“SSA”). (Id. at 1.) This
civil action was thereafter timely filed, and the Court has
jurisdiction. 42 U.S.C. § 405(g).