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. 12), to which
Defendant has responded. Docket Entry No. 14. Plaintiff has
also filed a subsequent reply to Defendant's response.
Docket Entry No. 15.
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. 12) be DENIED.
filed an application for a period of disability and DIB on
October 25, 2013. See Transcript of the
Administrative Record (Docket Entry No. 10) at
She alleged a disability onset date of June 15, 2012. AR
Plaintiff asserted that she was unable to work due to
arthritis, two slipped discs in her back, high blood
pressure, high cholesterol, psoriasis, and type 2 diabetes.
applications were denied initially and upon reconsideration
AR 75, 88. Pursuant to her request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
Angele Pietrangelo on October 30, 2013. AR 31. On November
27, 2015, 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 November 27, 2015. AR
10-12. Based upon the record, the ALJ made the following
1. The claimant last met the insured status requirements of
the Social Security Act on June 30, 2014.
2. The claimant did not engage in substantial gainful
activity during the period from her alleged onset date of
October 21, 2013, through her date last insured of June 30,
2014 (20 CFR 404.1571 et seq.).
3. Through the date last insured, the claimant had the
following severe impairments: degenerative disc disease of
the lumbar spine, morbid obesity, diabetes mellitus and
depressive disorder (20 CFR 404.1520(c)).
4. Through the date last insured, the claimant did not have
an impairment or combination of impairments that met or
medically equaled 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, through the date last insured, the claimant had the
residual functional capacity to perform light work as defined
in 20 CFR 404.1567(b) except that she is only able to lift
and[/]or carry up to twenty pounds occasionally and ten
pounds frequently. She can sit, stand, and walk for six out
of eight working hours. She should never climb ladders,
ropes, and scaffolds but can occasionally climb ramps or
stairs and can occasionally balance, stoop, kneel, crouch or
crawl. She is limited to only occasionally pushing and
pulling with the left lower extremity. She is limited to
simple and low-level detailed tasks and is able to make
simple workplace decisions. She is able to tolerate gradual
and infrequent workplace changes.
6. Through the date last insured, the claimant was unable to
perform any past relevant work (20 CFR 404.1565).
7. The claimant was born on October 5, 1970 and was 43 years
old, which is defined as a younger individual age 18-49, on