United States District Court, M.D. Tennessee, Nashville Division
Honorable Waverly D. Crenshaw, Chief District Judge
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, Disability Insurance Benefits
(“DIB”), and Supplemental Security Income
(“SSI”) as provided under Title II and XVI 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. 10), to which
Defendant has filed a response. Docket Entry No. 13.
review of the administrative record as a whole and
consideration of the parties' filings, the undersigned
respectfully recommends that Plaintiff's motion for
judgment on the administrative record (Docket Entry No. 10)
filed an application for a period of disability, DIB, and SSI
on April 20, 2011. See Transcript of the
Administrative Record (Docket Entry No. 6) at
201-02. She alleged a disability onset date of
September 30, 2008. AR 201-02. Plaintiff asserted that she
was unable to work because of asthma, a breathing condition,
and back problems. AR 231.
applications were denied initially and upon reconsideration.
AR 201-04. Pursuant to her request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared and testified at a hearing before ALJ Scott C.
Shimer on April 23, 2013. AR 152. The ALJ denied the claim on
August 2, 2013. AR 136-38. The Appeals Council denied
Plaintiff's request for review of the ALJ's decision
on April 19, 2016 (AR 18-21), 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 and made the following
enumerated findings based upon the record:
1. The claimant is found to meet the insured status
requirements of the Social Security Act through at least the
date of this decision.
2. The claimant has not engaged in substantial gainful
activity since March 26, 2011, the first date she can be
found disabled (20 CFR 404.1571 et seq., and 416.971
3. The claimant has the following severe impairments: asthma,
obesity, lumbar spondylosis, and bipolar disorder (20 CFR
404.1520(c) and 416.920(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, 404.1526,
416.920(d), 416.925 and 416.926).
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) and 416.967(b) with occasional postural
activities, and no exposure to pulmonary irritants or poor
ventilation. She could perform simple routine tasks, could
adjust to gradual and infrequent workplace changes, could not
work around the general public, but could work around
co-workers and supervisors on an occasional basis.
6. The claimant is capable of performing her past relevant
work (20 CFR ...