Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Adcock v. Berryhill

United States District Court, M.D. Tennessee, Nashville Division

December 19, 2017

MARY ANN ADCOCK
v.
NANCY A. BERRYHILL Acting Commissioner of Social Security[1]

          REPORT AND RECOMMENDATION

          BARBARA D. HOLMES, United States Magistrate Judge

         Plaintiff 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 Plaintiff's 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. 14), to which Defendant has responded. Docket Entry No. 16.

         Upon review of the administrative record as a whole and consideration of the parties' filings, the undersigned Magistrate Judge respectfully recommends that Plaintiff's motion for judgment on the administrative record (Docket Entry No. 14) be DENIED.

         I. INTRODUCTION

         Plaintiff filed an application for a period of disability and DIB on July 23, 2012. See Transcript of the Administrative Record (Docket Entry No. 10) at 80.[2] She alleged a disability onset date of July 1, 2012. AR 75. Plaintiff asserted that she was unable to work due to lower back pain, shoulder pain, and neck pain. AR 110.[3]

         Plaintiff's applications were denied initially and upon reconsideration AR 80, 103. Pursuant to her request for a hearing before an administrative law judge (“ALJ”), Plaintiff appeared with counsel and testified at a hearing before ALJ Renee S. Andrews-Turner on August 13, 2014. AR 26. On October 31, 2014, the ALJ denied the claim. AR 10-12. On April 4, 2016, 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).

         II. THE ALJ FINDINGS

         The ALJ issued an unfavorable decision on October 31, 2014. AR 10-12. Based upon the record, the ALJ made the following enumerated findings:

1. The claimant meets the insured status requirements of the Social Security Act through June 30, 2015.
2. The claimant has not engaged in substantial gainful activity since July 1, 2012, the alleged onset date (20 CFR 404.1571 et seq.).
***
3. The claimant has the following severe impairments: lumbar spine degenerative disc disease, obesity, and depressive disorder (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 light work as defined in 20 CFR 404.1567(b) except the claimant can lift and/or carry 20 pounds occasionally and 10 pounds frequently; stand and/or walk for 6 hours in an 8-hour workday; sit for 6 hours in an 8-hour workday; occasionally climb, balance, stoop, kneel, crouch, and crawl; and can understand, remember, and carry out simple instructions.
***
6. The claimant is capable of performing past relevant work as a cleaner and sewing machine operator. 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 July 1, 2012 through the date of this decision (20 CFR 404.1520(f)).

AR 15-22.

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.