United States District Court, M.D. Tennessee, Nashville Division
A. TRAUGER, United States District Judge
Dantay Yvette Blackwell brings this action under 42 U.S.C.
§ 405(g), seeking judicial review of the Social Security
Commissioner's denial of her application for supplemental
security insurance (“SSI”) under Title XVI of the
Social Security Act..
December 13, 2017, the magistrate judge issued a Report and
Recommendation (“R&R”) (Doc. No. 19),
recommending that the decision of the Social Security
Administration (“SSA”) be affirmed. The plaintiff
has filed timely Objections (Doc. No. 20), to which the SSA
has responded (Doc. No. 21). For the reasons discussed
herein, the court will overrule the Objections, accept the
R&R, and dismiss this action.
plaintiff filed her application for SSI on March 7, 2013,
claiming that she had been disabled since June 1, 2006 due to
a seizure disorder. (See Doc. No. 13, Administrative
Record (AR) 165-70.) She later amended the onset date to
January 1, 2006. (AR 163.)
denied the application initially and upon reconsideration.
(AR 64-89.) The plaintiff requested and received a hearing
before an Administrative Law Judge (“ALJ”), which
was conducted on April 8, 2015. (AR 27-63.) The plaintiff and
a vocational expert testified at the hearing. The plaintiff
appeared pro se.
issued a decision unfavorable to the plaintiff on October 6,
2015, finding that the plaintiff was not disabled within the
meaning of the Social Security Act and Regulations. (AR
6-25.) The ALJ made the following specific factual findings:
1. The claimant has not engaged in substantial gainful
activity since March 7, 2013, the application date (20 CFR
416.971 et seq.).
2. The claimant has the following severe impairments: seizure
disorder; headaches; sleep apnea; and obesity (20 CFR
416.920(c)). . . .
3. 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 416.920(d), 416.925 and 416.926). . . .
4. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform a full range of work at all
exertional levels except that she should avoid all exposure
to hazards. . . .
5. The claimant has no past relevant work (20 CFR 416.965). .
6. The claimant was born on March 24, 1974 and was 38 years
old, which is defined as a younger individual age 18-49, on
the date the application was filed (20 CFR 419.963).
7. The claimant has at least a high school education and is
able to communicate in ...