United States District Court, M.D. Tennessee, Nashville Division
REPORT AND RECOMMENDATION
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 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.
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.
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. 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.
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).
THE ALJ FINDINGS
issued an unfavorable decision on October 31, 2014. AR 10-12.
Based upon the record, the ALJ made the following enumerated
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
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)).