United States District Court, M.D. Tennessee, Northeastern Division
ALETA A. TRAUGER, 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 a period of disability and Disability Insurance Benefits
(“DIB”), as provided under Title II 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 responded (Docket Entry No. 14).
review of the administrative record as a whole and
consideration of the parties' filings, the undersigned
Magistrate Judge recommends that Plaintiff's motion for
judgment on the administrative record (Docket Entry No. 12)
filed an application for a period of disability and DIB on
October 27, 2011. See Transcript of the
Administrative Record (Docket Entry No. 7), at
She alleged a disability onset date of June 1, 2008. AR 54.
Plaintiff asserted that she was unable to work due to
arthritis and a back injury. AR 68.
applications were denied initially and upon reconsideration.
AR 54, 64. Pursuant to her request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
Joan A. Lawrence on September 12, 2013. AR 30. On January 31,
2014, the ALJ denied the claim. AR 10-12. The Appeals Council
denied Plaintiff's request for review of the ALJ's
decision on July 8, 2015, (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, 2014. AR 10-12.
Based on the record, the ALJ made the following enumerated
1. The claimant last met the insured status requirements of
the Social Security Act through September 30, 2012.
2. The claimant did not engage in substantial gainful
activity during the period from her alleged onset date of
June 1, 2008 through her last date insured of September 30,
2012 (20 CFR 404.1571 et seq.).
3. Through the date last insured, the claimant had the
following severe impairments: rheumatoid arthritis and morbid
obesity (20 CFR 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 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
undersigned finds that, through the date last insured, the
claimant had the residual functional capacity to perform
medium work as defined in 20 CFR 404.1567(c). While she can
frequently perform all postural activities, she must avoid
concentrated exposure to extreme cold.
6. The claimant has no past relevant work (20 CFR ...