United States District Court, E.D. Tennessee, Winchester
PHILLIPS, UNITED STATES DISTRICT JUDGE
seeks judicial review pursuant to Section 205(g) of the
Social Security Act, 42 U.S.C. § 405(g) of the denial by
the Commissioner of the Social Security Administration (SSA)
of her application for disability insurance benefits under
Title II of the Social Security Act (Act), 42 U.S.C.
§§ 401-434. Plaintiff asserts the administrative
law judge (ALJ) failed to give proper weight to
Plaintiff's medical providers and failed to properly
evaluate her subjective complaints and credibility. For the
reasons stated herein, Plaintiff's Motion for Summary
Judgment [Doc. 14] shall be DENIED; the
Commissioner's Motion for Summary Judgment [Doc. 17]
shall be GRANTED; and the decision of the
Commissioner shall be AFFIRMED. Judgment in
favor of the Commissioner shall be entered.
applied for disability insurance benefits under Title II of
the Social Security Act (Act), 42 U.S.C. §§ 401-434
(Tr. 177). Plaintiff's claim was denied and she requested
a hearing before an administrative law judge (Tr. 136). On
November 4, 2015, following a hearing, the ALJ found that
Plaintiff was not disabled (Tr. 36). On January 18, 2017,
SSA's Appeals Council denied Plaintiff's request for
review (Tr. 1-14). Thus, Plaintiff has exhausted her
administrative remedies, and the ALJ's decision stands as
the final decision of the Commissioner subject to judicial
The ALJ's Findings
considering the entire record, the ALJ made the following
1. The claimant meets the insured status requirements of the
Social Security Act through September 30, 2017.
2. The claimant has not engaged in substantial gainful
activity since August 14, 2012, the alleged onset date (20
CFR 404.1571 et seq.).
3. The claimant has the following severe impairments:
fibromyalgia; osteoarthritis; carpal tunnel syndrome;
anxiety; depression; mild degenerative disc disease; right
shoulder bursitis; obesity (20 CFR 404.1520(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 and 404.1526).
5. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform unskilled light work as
defined in 20 CFR 404.1567(b). Specifically, the claimant is
able to lift and carry 20 pounds occasionally and 10 pounds
frequently. The claimant can sit, stand, and walk for 6 hours
each per 8-hour workday, with a brief postural adjustment
every hour for 5 minutes at [her] workstation without getting
off task. The claimant is able to push and pull as much as
she can lift and carry. The claimant can occasionally climb
ramps and stairs but can never climb ladders and scaffolds.
The claimant can occasionally balance, stoop, kneel, crouch,
and crawl. The claimant is able to maintain concentration,
persistence, and pace for low-level detailed tasks over a
normal workday with appropriate breaks. The claimant can have
frequent interaction with supervisors, co-workers, and the
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565).
7. The claimant was born on February 7, 1962 and was 50 years
old, which is defined as an individual closely approaching
advanced age, on the alleged disability onset date (20 CFR
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564).
9. 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).
10. 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 404.1569 and
11. The claimant has not been under a disability, as defined
in the Social Security Act, from August 14, 2012, through the
date of this decision (20 CFR 404.1520(g)).
(Tr. 20, 21, 23-24, 34-36).