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 his claim for 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. 13.
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 DIB on December 19, 2012.
See Transcript of the Administrative Record (Docket
Entry No. 10) at 82. He alleged a disability onset date of
November 29, 2012. AR 95. Plaintiff asserted that he was
unable to work due to bipolar disorder, depression, kidney
cancer, and memory problems. AR 99.
applications were denied initially and upon reconsideration.
AR 82, 95. Pursuant to his request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
William F. Taylor on September 26, 2014. AR 30. On December
12, 2014, the ALJ denied the claim. AR 9-11. On August 5,
2013, the Appeals Council denied Plaintiff's request for
a review of the ALJ's decision (AR 1-4), 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 December 12, 2014. AR 9-11.
Based upon the record, the ALJ made the following enumerated
1. The claimant last met 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 his alleged onset date of
November 29, 2012 through his date last insured of June 30,
2014. (Exhibits B-4D, B-5D) (20 CFR 404.1571 et
3. Through the date last insured, the claimant had the
following severe impairments: renal cell carcinoma, status
post resection; and chronic obstructive pulmonary disease
(COPD) (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, the
undersigned finds that, through the date last insured, the
claimant had the residual functional capacity (RFC) to
perform light work as defined in 20 CFR 404.1567(b) except
frequent postural activities except for [sic] no climbing
ladders, ropes or scaffolds; no limits on fingering, feeling,
and handling; the avoidance of concentrated exposure to
temperature extremes, as well as dusts, odors, fumes, gases,
irritating inhalants, and areas of poor ventilation; no
limits on operation of foot controls; no limits on hearing,
seeing or speaking; and no other limits of any type.
6. Through the date last insured, the claimant was capable of
performing past relevant work as a manager of distribution
warehouse. This work did not require the performance of
work-related activities precluded by the claimant's
residual functional capacity. (20 CFR 404.1565).
7. The claimant was not under a disability, as defined in the
Social Security Act, at any time from November 29, 2012, the
alleged onset date, through June 30, 2014, the date last
insured (20 CFR 404.1520(f)).
REVIEW OF THE RECORD
parties and the ALJ have thoroughly summarized and discussed
the medical and testimonial evidence of the administrative
record. Accordingly, the Court will discuss those matters
only to the extent necessary to analyze the parties'
DISCUSSION AND ...