United States District Court, M.D. Tennessee, Cookeville Division
HONORABLE ALETA A. TRAUGER JUDGE.
REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S
MOTION FOR JUDGMENT ON THE RECORD 
R. GRAND UNITED STATES MAGISTRATE JUDGE.
David Lee Robinson, Jr. (“Robinson”) brings this
action pursuant to 42 U.S.C. § 405(g), challenging the
final decision of Defendant Commissioner of Social Security
(“Commissioner”) denying his application for
Supplemental Security Income (“SSI”) under the
Social Security Act (the “Act”). On April 24,
2017, Robinson filed a Motion for Judgment on the
Administrative Record and a Memorandum in Support. (Docs.
#17, 18). On May 12, 2017, the Commissioner filed a response
in opposition to Robinson's motion. (Doc. #19). This
matter has been referred to this Court for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).
reasons set forth below, the Court finds that substantial
evidence supports the Administrative Law Judge's
(“ALJ”) conclusion that Robinson is not disabled
under the Act. Accordingly, the Court recommends that
Robinson's Motion for Judgment on the Administrative
Record (Doc. #17) be DENIED, and that, pursuant to sentence
four of 42 U.S.C. § 405(g), the ALJ's decision be
January 1, 2013, Robinson filed an application for SSI,
alleging disability as of March 30, 2010. (Tr. 151-57).
This application was denied initially on April 12, 2013, and
on reconsideration on June 28, 2013. (Tr. 104-06, 111-12).
Robinson filed a timely request for an administrative
hearing, which was held on February 11, 2015, before ALJ K.
Dickson Grissom. (Tr. 54-72). Robinson, who was represented
by attorney Donna Simpson, testified at the hearing, as did
vocational expert J. D. Flynn. (Id.). On April 17,
2015, the ALJ issued a written decision finding that Robinson
is not disabled under the Act. (Tr. 39-49). On June 11, 2016,
the Appeals Council denied review. (Tr. 14-19). Robinson
timely filed for judicial review of the final decision on
September 27, 2016. (Doc. #1).
Framework for Disability Determinations
the Act, SSI is available only for those who have a
“disability.” See Colvin v. Barnhart,
475 F.3d 727, 730 (6th Cir. 2007). The Act defines
“disability” as the:
inability to engage in any substantial gainful activity by
reason of any medically determinable physical or mental
impairment which can be expected to result in death or which
has lasted or can be expected to last for a continuous period
of not less than 12 months.
42 U.S.C. § 1382c(a)(3)(A). The Commissioner's
regulations provide that a disability is to be determined
through the application of a five-step sequential analysis:
(i) At the first step, we consider your work activity, if
any. If you are doing substantial gainful activity, we will
find that you are not disabled.
(ii) At the second step, we consider the medical severity of
your impairment(s). If you do not have a severe medically
determinable physical or mental impairment that meets the
duration requirement … or a combination of impairments
that is severe and meets the duration requirement, we will
find that you are not disabled.
(iii) At the third step, we also consider the medical
severity of your impairment(s). If you have an impairment(s)
that meets or equals one of our listings in appendix 1 of
this subpart and meets the duration requirement, we will find
that you are disabled.
(iv) At the fourth step, we consider our assessment of your
residual functional capacity and your past relevant work. If
you can still do your past relevant work, we will find that
you are not disabled.
(v) At the fifth and last step, we consider our assessment of
your residual functional capacity and your age, education,
and work experience to see if you can make an adjustment to
other work. If you can make an adjustment to other work, we
will find that you are not disabled. If you cannot ...