United States District Court, E.D. Tennessee
MEMORANDUM AND ORDER
S. MATTICE, JR. UNITED STATES DISTRICT JUDGE
before the Court is the Plaintiff's Motion for Judgment
on the Pleadings and Memorandum in Support [Docs. 11 &
12] and the Defendant's Motion for Summary Judgment and
Memorandum in Support [Docs. 13 & 14]. Keith Wade Large
(“Large”) seeks judicial review of the decision
of the Administrative Law Judge (“the ALJ”), the
final decision of the Defendant Nancy A. Berryhill, Acting
Commissioner of Social Security (“the
August 2012, Plaintiff applied for disability insurance
benefits and supplemental security income (Tr. 175-82). He
first applied for these benefits in March 2011, alleging
disability as of April 2008, but in a July 2012 decision, the
Administrative Law Judge (ALJ) found that Plaintiff was not
“disabled” under the Act (Tr. 10, 53-65). In his
current claim, Plaintiff alleges disability as of July 28,
2012, due to limitations from anxiety, depression, and
post-traumatic stress disorder (PTSD) (Tr. 175, 177,
193-204). Plaintiff's claims were denied initially (Tr.
137-40), and on reconsideration (Tr. 142-45).
April 2014, an ALJ conducted a hearing, and on December 2014,
the ALJ rendered his decision (“the Decision”)
(Tr. 10-23). In the Decision, the ALJ found that there was no
new and material evidence to warrant a different conclusion
as to ALJ's previous findings regarding Plaintiff's
past relevant work, date of birth, education, and residual
functional capacity (RFC) (Tr. 19-22). Therefore, he adopted
the ALJ's previous finding that Plaintiff retained the
RFC to perform light work as defined in the regulations with
additional postural and mental restrictions (Tr. 15, 60). The
Decision also adopted the prior step four finding that
Plaintiff could not perform his past relevant work as a
paramedic, and his step five finding that there was
“other work” that Plaintiff could perform,
including the representative occupations of housekeeping
cleaner, laundry folder, and folder (Tr. 21-22).
Consequently, the ALJ found that Plaintiff was not
“disabled” under the Act from July 28, 2012
through December 5, 2014 (Tr. 23). In March 2016, the
agency's Appeals Council denied Plaintiff's request
for review (Tr. 1-4). Thus, the Decision stands as the
“final decision” of the Commissioner subject to
was 44 years of age when the ALJ issued the Decision in this
case (Tr. 32). He completed two years of college, as well as
paramedic school. Large worked as a paramedic from 1994 to
2008 (Tr. 195). He claims disability beginning in July 2008
based on “anxiety, depression, and PTSD” (Tr.
hearing before the ALJ, the Plaintiff testified that his work
as a paramedic (“EMT”)ended - not because of his
disability - but because he was fired for stealing
medications (Tr. 35).He then did not take the steps necessary
to keep his license to work as a paramedic (Tr. 35):
Q. (by the ALJ): And are you eligible to get your [paramedic]
license back if you applied?
A. It was sent to the State to where I'd have to do like
a rehab, and I couldn't be away from my autistic son, so
I never went through the rehab, so I let my license run out.
testified that his disability is based on mental and
emotional problems, and some days anxiety, depression, and
PTSD (Tr. 36):
Q. (by the ALJ): So are you claiming that you're disabled
due to any physical problems or mainly emotional?
A. Mainly ...