United States District Court, M.D. Tennessee, Nashville Division
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 Supplemental Security Income (“SSI”), as
provided under Title XVI 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. 15), to which Defendant has
responded. Docket Entry No. 19. Plaintiff has also filed a
subsequent reply to Defendant's response. Docket Entry
No. 20. This action is before the undersigned for all further
proceedings pursuant to the consent of the parties and order
of the District Judge in accordance with 28 U.S.C. §
636(c). Docket Entry Nos. 22-23.
review of the administrative record as a whole and
consideration of the parties' filings, Plaintiff's
motion is DENIED and the decision of the
Commissioner is AFFIRMED.
filed an application for SSI on January 14, 2010.
See Transcript of the Administrative Record (Docket
Entry No. 12) at 47. She alleged a disability onset date of
January 1, 2008. AR 47. Plaintiff alleged that she was unable
to work because of depression, panic attacks, and scoliosis.
applications were denied initially and upon reconsideration.
AR 47-50. Pursuant to her request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
Richard W. Gordon on April 19, 2012. AR 32. On April 25,
2012, the ALJ denied the claim. AR 7-9. On July 5, 2013, the
Appeals Council denied Plaintiff's request for review of
the ALJ's decision (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 April 25, 2012. AR 7-9.
Based upon the record, the ALJ made the following enumerated
1. The claimant has not engaged in substantial gainful
activity since January 14, 2010, the application date (20 CFR
416.971 et seq.).
2. The claimant has the following severe impairments:
scoliosis of the lumbar spine, lumbar strain, morbid obesity,
a major depressive disorder and a bipolar disorder
3. The claimant does not have an impairment or combination of
impairments that meets or medically equals one of the listed
impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR
416.920(d), 416.925 and 416.926).
4. After careful consideration of the entire record, I find
that the claimant has the residual functional capacity to
perform a reduced range of unskilled sedentary work as
defined in 20 CFR 416.967(a). Specifically, I find the
claimant is limited to frequent postural activity with
occasional climbing, performing simple one and two-step tasks
which are routine and repetitive, and with no more than
occasional contact with the general public.
5. The claimant is unable to perform any past relevant work
(20 CFR 416.965).
6. The claimant was born on August 14, 1984 and was 25 years
old, which is defined as a younger individual age 18-44, on
the date the application was filed (20 CFR 416.963).
7. The claimant has a limited education and is able to
communicate in English (20 CFR 416.964).
8. Transferability of job skills is not an issue in this case
because the claimant's past relevant work is unskilled
(20 CFR 416.968).
9. 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 ...