United States District Court, M.D. Tennessee, Nashville Division
Honorable Aleta A. Trauger, District Judge.
REPORT AND RECOMMENDATION
ALISTAIR E. NEWBERN UNITED STATES MAGISTRATE JUDGE.
before the Court in this Social Security appeal is Plaintiff
Frank Santillan's Motion for Judgment on the
Administrative Record (Doc. No. 14), to which Defendant
Social Security Administration (SSA) has responded (Doc. No.
16). Santillan has filed a reply. (Doc. No. 17.) Upon
consideration of the parties' filings and the transcript
of the administrative record (Doc. No. 10),  and for the
reasons given below, the undersigned RECOMMENDS that the
decision of the Administrative Law Judge (ALJ) be REVERSED
filed an application for supplemental security income
benefits under Title XVI of the Social Security Act on August
8, 2012, alleging disability onset on that date due to manic
depressive disorder, high blood pressure, diabetes, and
depression. (Tr. 17, 172.) The state agency denied his claim
upon initial review and again following his request for
reconsideration. Santillan subsequently requested de
novo review of his case by an Administrative Law Judge,
who heard the case on June 30, 2014; Santillan appeared with
counsel and gave testimony. (Tr. 17, 36-67.) A vocational
expert (VE) also testified. After the hearing, the ALJ took
the matter under advisement until August 29, 2014, when she
issued a written decision finding White not disabled. (Tr.
17-31.) That decision contains the following enumerated
1. The claimant has not engaged in substantial gainful
activity since August 8, 2012, the application date (20 CFR
416.971 et seq.).
2. The claimant has the following severe impairments: large
exotropia, diabetes mellitus, bipolar disorder, PTSD, 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 medium work as defined in 20
CFR 416.967(c). The claimant can lift and/or carry 50 pounds
occasionally and 25 pounds frequently. The claimant can stand
and/or walk for 6 hours in an 8-hour workday and sit for 6
hours in an 8hour workday. The claimant can frequently climb.
The claimant should avoid tasks that require depth
perception. The claimant can maintain concentration, pace,
and persistence for 2 hours at a time during an 8 hour
workday. The claimant can have occasional interaction with
coworkers and supervisors; no interaction with the general
public; and can adapt to infrequent changes in the workplace.
5. The claimant is unable to perform any past relevant work
(20 CFR 416.965).
6. The claimant was born on July 30, 1959 and was 53 years
old, which is defined as an individual closely approaching
advanced age, on the date the application was filed (20 CFR
7. The claimant has at least a high school education and is
able to communicate in English (20 CFR 416.964).
8. Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled, ” whether or
not the claimant has transferable job skills (See SSR 82-41
and 20 CFR Part 404, Subpart P, Appendix 2).
9. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national economy
that the claimant can perform (20 CFR 416.969 and
10. The claimant has not been under a disability, as defined
in the Social Security Act, since August 8, 2012, the date
the application was filed (20 CFR 416.920(g)).
(Tr. 19-20, 23, 29-31.)
31, 2015, the Appeals Council denied Santillan's request
for review of the ALJ's decision (Tr. 1-4), rendering
that decision final. This action was timely filed thereafter.
42 U.S.C. §§ 405(g), 1383(c).
Review of the Record
summarized the medical evidence of record as follows:
Regarding the claimant's bilateral lower extremity edema,
the record revealed no significant functional limitation due
to this impairment (Exhibit 3F). The claimant was diagnosed
with this impairment and treated without significant
complications (Exhibit 3F/5). In addition, the undersigned
has found evidence in the record that this condition may have