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 her 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. 16),  to which
Defendant has responded. Docket Entry No. 17. Plaintiff has
also filed a subsequent reply to Defendant's response.
Docket Entry No. 18. 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. 20-21).
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 a period of disability and DIB on
September 8, 2010. See Transcript of the
Administrative Record (Docket Entry No. 14) at
She alleged a disability onset date of August 15, 2010. AR
Plaintiff asserted that she was unable to work due to heart
problems, breathing problems, stomach problems, brain lesion,
depression, asthma, ulcer, migraines, memory loss, and pain
on both side of the body. AR 63, 67.
applications were denied initially and upon reconsideration
AR 54-55. Pursuant to her request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
Elizabeth P. Neuhoff on January 15, 2013. AR 29. On March 1,
2013, the ALJ denied the claim. AR 11-13. On July 5, 2013,
the Appeals Council denied Plaintiff's request for a
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 March 1, 2013. AR 11. 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 1, 2010, the amended alleged onset
date (20 CFR 404.1571 et seq.).
3. The claimant has the following severe impairments: asthma,
major depressive disorder, generalized anxiety disorder, and
alcohol abuse in current remission (20 CFR 404.1520(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 and 404.1526).
5. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform a full range of work at all
exertional levels but with the following nonexertional
limitations: the claimant can have no work around pulmonary
irritants; limited to unskilled work consisting of simple
tasks and instructions; can maintain concentration,
persistence and pace for periods of at least two hours at a
time; occasionally engage in contact with the public; can
handle occasional changes in the workplace routine setting or
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565).
7. The claimant was born on April 9, 1961 and was 49 years
old, which is defined as a younger individual age 18-49, on
the amended alleged disability onset date (20 CFR 404.1563)
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564)
9. Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled” whether or
not the claimant has transferable job skills (See SSR 82-41
and 20 CFR part 404, Subpart P, Appendix 2)
10. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the regional and
national economy that claimant can perform (20 CFR 404.1569
11. The claimant has not been under a disability, as defined
in the Social Security Act, from August 15, 2008, through the
date of this decision (20 CFR 404.1520(f)).
REVIEW OF THE RECORD
parties and the ALJ have thoroughly summarized and discussed
the medical and testimonial evidence of the administrative
record. Accordingly, the Court will discuss those matters
only to the extent necessary to analyze the parties'
DISCUSSION AND CONCLUSIONS OF LAW