United States District Court, M.D. Tennessee, Nashville Division
Newbern Magistrate Judge.
A. TRAUGER United States District Judge.
the court is plaintiff Pamela Jane Matheney's Motion for
Judgment on the Administrative Record (“Motion”)
(Docket No. 9), filed with a Memorandum in Support (Docket
No. 9-1). The defendant Commissioner of Social Security filed
a Response in Opposition (Docket No. 14), and the plaintiff
filed a Reply (Docket No. 16). On January 13, 2017, this case
was referred to a magistrate judge. (Docket No. 18.)
avoid further delay in the resolution of this matter, the
court will vacate the referral to the magistrate judge. In
addition, upon consideration of the parties' filings and
the transcript of the administrative record (Docket No. 5),
for the reasons given below, the court will deny the
plaintiff's Motion and affirm the Commissioner's
filed an application for Disability Insurance Benefits
(“DIB”) under Title II of the Social Security Act
on September 20, 2010, alleging a disability onset date of
May 17, 2005. (Tr. 12.) Matheney's claim was denied at
the initial and reconsideration stages of state agency
review. Matheney subsequently requested de novo
review of her case by an Administrative Law Judge
(“ALJ”). The ALJ conducted a hearing on November
28, 2012, at which the plaintiff was represented by counsel.
The plaintiff and an impartial vocation expert
(“VE”) both testified. (Tr. 24-80.) At the
conclusion of the hearing, the matter was taken under
advisement until February 13, 2013, when the ALJ issued a
written decision finding Matheney not disabled. (Tr. 9-23.)
That decision contains the following enumerated findings:
1. The claimant last met the insured status requirements of
the Social Security Act through December 31, 2005.
2. The claimant did not engaged in substantial gainful
activity during the period from her alleged onset date of May
17, 2005 through her date last insured of December 31, 2005
(20 C.F.R. 404.1571 et seq.).
3. Through the date last insured, the claimant had the
following severe impairments: valvular cardiomyopathy and
obesity (20 C.F.R. 404.1520(c)).
4. Through the date last insured, the claimant did not have
an impairment or combination of impairments that met or
medically equaled 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, 404.1526).
5. After careful consideration of the entire record, [the ALJ
finds] that, through the date last insured, the claimant had
the residual functional capacity to perform sedentary work as
defined in 20 C.F.R. 404.1567(a) except that she should have
avoided concentrated exposure to vibrations and
6. Through the date last insured, the claimant was unable to
perform any past relevant work (20 C.F.R. 404.1565).
7. The claimant was born on May 27, 1964 and was 41 years
old, which is defined as a younger individual age 18-44, on
the date last insured (20 C.F.R. 404.1563).
8. The claimant 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 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 C.F.R. Part 404, Subpart P, Appendix 2).
10. Through the date last insured, considering the
claimant's age, education, work experience, and residual
functioning capacity, there were jobs that existed in
significant numbers in the national economy that the claimant
could have performed (20 C.F.R. 404.1569 and 404.1569(a)).
11. The claimant was not under a disability, as defined in
the Social Security Act, at any time from May 17, 2005, the
alleged onset date, through December 31, 2005, the date last
insured (20 C.F.R. 404.1520(g)).
(Tr. 14-15, 17-18.)
16, 2014, the Appeals Council denied Matheney's request
for review of the ALJ's decision (Tr. 1-6), thereby
rendering that decision the final decision of the Social
Security Administration (“SSA”). This civil
action was thereafter timely filed, and the court has
jurisdiction. 42 U.S.C. § 405(g).