United States District Court, M.D. Tennessee, Nashville Division
WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE.
before the Court in this Social Security action is Paul
Anthony Selby's Motion for Judgment on the Administrative
Record (Doc. No. 12), to which the Commissioner of Social
Security has responded (Doc. No. 13). Upon consideration of
these filings and the transcript of the administrative record
(Doc. No. 10),  and for the reasons given below,
Selby's motion for judgment will be
DENIED and the decision of the Commissioner
will be AFFIRMED.
Statement of the Case
filed applications for disability insurance benefits and
supplemental security income under Titles II and XVI of the
Social Security Act on September 30, 2010, alleging
disability onset as of January 1, 2009, due to back and hip
problems. (Tr. 12, 138.) Tennessee Disability Determination
Services denied Selby's claims upon initial review and
again following his request for reconsideration. Selby
subsequently requested de novo review of his case by an
Administrative Law Judge (“ALJ”). The ALJ heard
the case on July 23, 2012, when Selby appeared with counsel
and gave testimony. (Tr. 27-43.) A vocational expert also
testified at the hearing. At the conclusion of the hearing,
the ALJ took the matter under advisement until August 21,
2012, when he issued a written decision finding Selby not
disabled. (Tr. 12-21.) That decision contains the following
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2013.
2. The claimant has not engaged in substantial gainful
activity since January 1, 2009, the alleged onset date (20
CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments:
degenerative joint disease of the left hip and lumbar
radiculopathy (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 medium work as defined in 20
CFR 404.1567(c) and 416.967(c) except the claimant is unable
to bend, stoop, or squat frequently. The claimant is unable
to operate foot controls on a frequent basis. The claimant is
unable to handle excessive vibrations. The claimant is unable
to work around heights or moving, dangerous machinery.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
7. The claimant was born on October 11, 1959 and was 49 years
old, which is defined as a younger individual age 18-49, on
the alleged disability onset date. The claimant subsequently
changed age category to closely approaching advanced age (20
CFR 404.1563 and 416.963).
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564 and 416.964).
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 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 January 1, 2009, through the
date of this decision (20 CFR 404.1520(g) and 416.920(g)).
(Tr. 14, 16, 19-20.)
September 24, 2013, the Appeals Council denied Selby's
request for review of the ALJ's decision (Tr. 1-3),
rendering that decision final. This civil action seeking
review was timely filed on November 20, 2013. 42 U.S.C.
Statement of the Facts
following record review is taken from the Government's
brief (Doc. No. 13, PageID# 292-96):