United States District Court, M.D. Tennessee, Northeastern Division
A. TRAUGER UNITED STATES DISTRICT 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 Plaintiffs 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 Plaintiffs Motion for Judgment on the
Administrative Record (Docket Entry No. 17), to which
Defendant has responded. (Docket Entry No. 19).
review of the administrative record as a whole and
consideration of the parties' filings, Plaintiffs motion
for judgment on the administrative record (Docket Entry No.
17) will be denied.
filed an application for a period of disability, DIB, and SSI
on October 21, 2011. See Transcript of the
Administrative Record (Docket Entry No. 10) at
67-68. He alleged a disability onset date of
October 17, 2011. AR 67-68. Plaintiff asserted that he was
unable to work due to left arm nerve damage, a broken neck, a
broken shoulder, a bruised left side, depression, and
anxiety. AR 75-76.
applications were denied initially and upon reconsideration.
AR 67-70. Pursuant to his request for a hearing before an
administrative law judge ("ALJ"), Plaintiff
appeared with counsel and testified at a hearing before ALJ
Mary Ellis Richardson on October 22, 2013. AR 33. On April
16, 2014, the ALJ denied the claim. AR 14-16. On June 24,
2015, the Appeals Council denied Plaintiffs request for a
review of the ALJ's decision (AR 1-5), 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 April 16, 2014. AR 14-16.
Based upon the record, the ALJ made 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 October 17, 2011, the alleged onset date. (20
CFR404.1571 etseq., and416.971 etseq.).
3. The claimant has the following severe impairments: status
post neck fusion; back disorder; status post gunshot wound;
mood disorder; anxiety disorder; depressive disorder; and
cognitive disorder (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 less than the full range of
light work as defined in 20 CFR 404.1567(b) and 416.967(b).
The claimant can lift 20 pounds occasionally and 10 pounds
frequently and can stand/walk and sit each 6 hours in an
8-hour workday. He could frequently climb ramps or stairs and
occasionally climb ladders, ropes, or scaffolds. The claimant
could frequently balance, stoop, kneel, crouch, and crawl.
The claimant can frequently reach above the shoulder with the
right arm and never reach above the shoulder with the left
arm. The claimant should avoid working in close proximity to
moving mechanical parts and in high, exposed places. The
claimant is able to perform simple, and low level tasks over
an 8-hour workday with appropriate breaks and is limited to
work that requires occasional interaction with the public.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
7. The claimant was born on July 26, 1980, and was 31 years
old, which is defined as a younger individual age 18-49, on
the alleged disability onset date (20 CFR 404.1563 and
8. The claimant has a high school education and is able to
communicate in English (20 CFR ...