United States District Court, M.D. Tennessee, Columbia Division
WAVERLY D. CRENSHAW, JR. (CHIEF UNITED STATES DISTRICT JUDGE)
Sheree Brown 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 Disability Insurance Benefits (“DIB”) and
Supplemental Security Income (“SSI”) as provided
under Title 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 (Doc. No.
18), to which Defendant has filed a response. (Doc. No. 19.)
Plaintiff has also filed a reply. (Doc. No. 22.)
review of the administrative record as a whole and
consideration of the parties' filings, Plaintiff's
motion (Doc. No. 18) is DENIED and the
decision of the Commissioner is AFFIRMED.
filed an application for DIB and SSI on October 31, 2011.
(Doc. No. 10, Transcript of the Administrative Record, at
60-61.) She alleged a disability onset date of
October 25, 2010. AR 60-61. Plaintiff asserted that she was
unable to work because of fibromyalgia, arthritis, hip
problems, asthma, hypertension, depression, and anxiety. AR
applications were denied initially and upon reconsideration.
AR 60-63. Pursuant to her request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
Ronald E. Miller on September 6, 2013. AR 37. The ALJ
subsequently denied the claim on November 1, 2013. AR 8-10.
The Appeals Council denied Plaintiff's request for review
of the ALJ's decision on March 19, 2015, thereby making
the ALJ's decision the final decision of the
Commissioner. AR 1-3. This civil action was thereafter timely
filed, and the Court has jurisdiction. 42 U.S.C. §
THE ALJ FINDINGS
issued an unfavorable decision and made the following
enumerated findings based upon the record:
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2016.
2. The claimant has not engaged in substantial gainful
activity since October 25, 2010, the alleged onset date. (20
CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments:
fibromyalgia; arthritis of the right knee; a back impairment;
chronic bursitis of the right hip; obesity; and asthma (20
CFR 404.1520(c) and 416.920(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, 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 sedentary work as defined in
20 CFR 404.1567(a) and 416.967(a) except for ability to
occasionally lift up to 20 pounds, to stand and walk for 2
hours each out of 8 hours, and to sit for 6 hours out of 8
hours, with no climbing of ladders, ropes or scaffolds or
crawling, occasional climbing of stairs and ramps, stooping,
crouching and kneeling, and no exposure to work at
unprotected heights or around dangerous moving machinery, or
to dust, fumes or gases.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
7. The claimant was born on January 20, 1977 and was 33 years
old, which is defined as a younger individual age 18-44, on
the alleged disability onset date (20 CFR 404.1563 and
8. The claimant has a limited education (10th grade) and is
able to communicate in English (20 CFR 404.1564 and 416.964).
9. Transferability of job skills is not an issue in this case
because the claimant's past relevant work is unskilled
(20 CFR 404.1564 and 416.964).
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 October 25, 2010, through
the date of this decision (20 ...