United States District Court, E.D. Tennessee, Knoxville
TAMMIE S. RICCI, Plaintiff,
NANCY A. BERRYHILL,Acting Commissioner of Social Security, Defendant.
case is before the undersigned pursuant to 28 U.S.C. §
636(b), Rule 72(b) of the Federal Rules of Civil Procedure,
and the consent of the parties [Doc. 15]. Now before the
Court is the Plaintiff's Motion for Judgment on the
Pleadings and Memorandum in Support [Docs. 16 & 17] and
the Defendant's Motion for Summary Judgment and
Memorandum in Support [Docs. 18 & 19]. Tammie S. Ricci
(“the Plaintiff”) seeks judicial review of the
decision of the Administrative Law Judge (“the
ALJ”), the final decision of Defendant Nancy A.
Berryhill, Acting Commissioner of Social Security (“the
Commissioner”). For the reasons that follow, the Court
will DENY the Plaintiff's motion, and
GRANT the Commissioner's motion.
October 7, 2013, the Plaintiff filed an application for
disability insurance benefits and supplemental security
income benefits pursuant to Title II and XVI of the Social
Security Act, 42 U.S.C. §§ 401 et. seq.,
and 1381 et. seq., claiming a period of disability
that began on July 1, 2013. [Tr. 165-78]. After her
application was denied initially and upon reconsideration,
the Plaintiff requested a hearing before an ALJ. [Tr. 124]. A
hearing was held on February 10, 2016. [Tr. 33-64]. On April
19, 2016, the ALJ found that the Plaintiff was not disabled.
[Tr. 18-27]. The Appeals Council denied the Plaintiff's
request for review [Tr.1-4], making the ALJ's decision
the final decision of the Commissioner.
exhausted her administrative remedies, the Plaintiff filed a
Complaint with this Court on November 8, 2016, seeking
judicial review of the Commissioner's final decision
under Section 405(g) of the Social Security Act. [Doc. 2].
The parties have filed competing dispositive motions, and
this matter is now ripe for adjudication. Having considered
the medical evidence in the record, the testimony at the
hearing, and all other evidence in the record, the Court
finds that the medical history of the Plaintiff and the
content of the ALJ's decision are not in dispute and
therefore need not be repeated here.
STANDARD OF REVIEW
reviewing the Commissioner's determination of whether an
individual is disabled pursuant to 42 U.S.C. § 405(g),
the Court is limited to determining whether the ALJ's
decision was reached through application of the correct legal
standards and in accordance with the procedure mandated by
the regulations and rulings promulgated by the Commissioner,
and whether the ALJ's findings are supported by
substantial evidence. Blakley v. Comm'r of Soc.
Sec., 581 F.3d 399, 405 (6th Cir. 2009) (citation
omitted); Wilson v. Comm'r of Soc. Sec., 378
F.3d 541, 544 (6th Cir. 2004).
evidence is “more than a scintilla of evidence but less
than a preponderance; it is such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion.” Cutlip v. Sec'y of Health &
Human Servs., 25 F.3d 284, 286 (6th Cir. 1994)
(citations omitted). It is immaterial whether the record may
also possess substantial evidence to support a different
conclusion from that reached by the ALJ, or whether the
reviewing judge may have decided the case differently.
Crisp v. Sec'y of Health & Human Servs., 790
F.2d 450, 453 n.4 (6th Cir. 1986). The substantial evidence
standard is intended to create a “‘zone of
choice' within which the Commissioner can act, without
the fear of court interference.” Buxton v.
Halter, 246 F.3d 762, 773 (6th Cir. 2001) (quoting
Mullen v. Bowen, 800 F.2d 535, 545 (6th Cir. 1986)).
Therefore, the Court will not “try the case de
novo, nor resolve conflicts in the evidence, nor decide
questions of credibility.” Garner v. Heckler,
745 F.2d 383, 387 (6th Cir. 1984) (citation omitted).
review, the plaintiff “bears the burden of proving his
entitlement to benefits.” Boyes v. Sec'y. of
Health & Human Servs., 46 F.3d 510, 512 (6th Cir.
1994) (citation omitted).
is the “inability to engage in any substantial gainful
activity by reason of any medically determinable physical or
mental impairment which can be expected to result in death or
which has lasted or can be expected to last for a continuous
period of not less than twelve months.” 42 U.S.C.
§§ 423(d)(1)(A), 1382c(a)(3)(A); 20 C.F.R.
§§ 404.1505(a), 416.905(a). A claimant will only be
considered disabled if:
his physical or mental impairment or impairments are of such
severity that he is not only unable to do his previous work
but cannot, considering his age, education, and work
experience, engage in any other kind of substantial gainful
work which exists in the national economy, regardless of
whether such work exists in the immediate area in which he
lives, or whether a specific job vacancy exists for him, or
whether he would be hired if he applied for work.
42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B); 20
C.F.R. §§ 404.1505(a), 416.905(a).
is evaluated pursuant to a five-step analysis ...