United States District Court, M.D. Tennessee, Nashville Division
JERRY E. HARTEL
NANCY A. BERRYHILL Acting Commissioner of Social Security
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 his claim for 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. 21.
Plaintiff has also filed a reply to the response. Docket
Entry 24. This action is before the undersigned for all
further proceedings pursuant to the consent of the parties
and referral of the District Judge in accordance with 28
U.S.C. § 636(c) (Docket Entry Nos. 26 and 27).
review of the administrative record as a whole and
consideration of the parties' filings, Plaintiff's
motion is GRANTED. For the reasons stated
herein, the Court REVERSES the decision of
the Commissioner and REMANDS this case for
further administrative proceedings.
filed an application for DIB on May 7, 2010. See
Transcript of the Administrative Record (Docket Entry No. 12)
at 95. He alleged a disability onset date of June
7, 2009. AR 95. Plaintiff asserted that he was unable to work
because of degenerative disc disease. AR 104.
applications were denied initially and upon reconsideration.
AR 95-96. Pursuant to his request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
Frank L. Gregori on April 12, 2012. AR 55. On May 11, 2012,
the ALJ denied the claim. AR 40-42. On August 5, 2013, the
Appeals Council denied Plaintiff's request for a review
of the ALJ's decision (AR 33-35), 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 May 11, 2012. AR 40-42.
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, 2014.
2. The claimant has not engaged in substantial gainful
activity since June 7, 2009, his alleged onset date (20 CFR
404.1571 et seq.).
3. The claimant has the following severe impairments:
degenerative disc disease of the lumbar spine, status-post
left hemilaminectomy at ¶ 4-5, and status post
discectomy and laminectomy (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, I find
that the claimant has the residual functional capacity to
perform light work as defined in 20 CFR 404.1567(b).
Specifically, the claimant can lift and carry up to 20 pounds
occasionally and 10 pounds frequently and stand, walk, and
sit for six hours each in an eight-hour workday, with normal
breaks. He needs to have the option to alternate between
sitting and standing every 60 minutes. He can never climb
ladders, ropes, or scaffolds, but can occasionally climb
ramps and stairs. He can occasionally balance, stoop, kneel,
crouch, and crawl, but must avoid concentrated exposure to
6. The claimant is capable of performing past relevant work
as a store manager and restaurant manager. This work does not
require the performance of work related activities precluded
by the claimant's residual functional capacity. (20 CFR
7. The claimant has not been under a disability, as defined
in the Social Security Act, from June 7, 2009, through the
date of this decision (20 CFR 404.1520(f)).