United States District Court, M.D. Tennessee, Nashville Division
A. TRAUGER, JUDGE.
REPORT AND RECOMMENDATION
McCann King, United States Magistrate Judge.
an action instituted under the provisions of 42 U.S.C. §
405(g) for review of a final decision of the Commissioner of
Social Security denying plaintiff's application for a
period of disability and disability insurance benefits. This
matter is before the Court on Plaintiff's Motion for
Judgment on the Administrative Record (Doc. No.
14)(“Motion for Judgment”) and Memorandum in
Support (Doc. No. 15), Defendant's Response to
Plaintiff's Motion for Judgment on the Administrative
Record (Doc. No. 16), and the administrative record (Doc. No.
For the following reasons, the undersigned
RECOMMENDS that the Motion for Judgment be
DENIED, that the decision of the
Commissioner be AFFIRMED, that this action
be DISMISSED, and that final judgment be
entered pursuant to Sentence 4 of 42 U.S.C. § 405(g).
filed his application for benefits in December 2013, alleging
that he has been disabled since August 1, 2012, as a result
of irritable bowel syndrome (“IBS”), PTSD, sleep
apnea/insomnia, and traumatic brain injury. Tr. 146, 212. The
application was denied initially and on reconsideration and
Plaintiff requested a de novo hearing before an
administrative law judge (“ALJ”). On January 12,
2016, Plaintiff, represented by counsel, appeared and
testified at that hearing, as did Ernest W. Brewer, Ph.D.,
who testified as a vocational expert. Tr. 32-56.
decision dated February 5, 2016, the ALJ held that Plaintiff
was not disabled within the meaning of the Social Security
Act from his alleged date of onset through the date of the
administrative decision. That decision became the final
decision of the Commissioner of Social Security when the
Appeals Council declined review on May 5, 2016.
action was thereafter timely filed. This Court has
jurisdiction over the matter. 42 U.S.C. § 405(g).
Findings and Conclusions of the ALJ In her decision,
the ALJ made the following findings of fact and conclusions
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2017.
2. The claimant has not engaged in substantial gainful
activity since August 1, 2012, the alleged onset date (20 CFR
404.1571 et seq.).
3. The claimant has the following severe impairments: chronic
fatigue syndrome, glaucoma, irritable bowel syndrome,
fibromyalgia, hearing loss, obstructive sleep apnea, mood
disorder, N.O.S., and post-traumatic stress disorder (20 CFR
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 medium work as defined in 20
CFR 404.1567(c) except that he can lift and or carry 50
pounds occasionally and 25 pounds frequently; sit for six
hours total in an eight-hour workday; stand and/or walk for
six hours total in an eight-hour workday; never climb
ladders, ropes or scaffolds; avoid all exposure to hazards,
such as machinery and heights. He must work around moderate
noise due to tinnitus and hearing loss. He has monocular
vision, no limitation out of the left eye. He can understand
and carry out simple and detailed one to three step
instructions and tasks. He can maintain concentration,
persistence and pace for two hours at a time over an
eight-hour workday. He can interact occasionally with
co-workers and supervisors, but should not work directly with
the general public. He can adapt to infrequent changes in the
6. The claimant is capable of performing past relevant work
in housekeeping. This work does not require the performance
of work-related activities precluded by the claimant's
residual functional capacity (20 CFR 404.1565).
7. The claimant has not been under a disability, as defined
in the Social Security Act, from August 1, 2012, through the
date of this decision (20 CFR 404.1520(1)).
Tr. 14, 16, 25.