United States District Court, M.D. Tennessee, Nashville Division
Honorable Aleta A. Trauger, District Judge.
REPORT AND RECOMMENDATION.
Gregory wehrman United States magistrate judge.
before the Court is the pro se Plaintiff's
motion for judgment on the administrative record.
See Docket Entry (“DE”) 20. Plaintiff
brought 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”). At issue is whether the
administrative law judge (“ALJ”) erred in finding
that Plaintiff was “not disabled, ” and therefore
not entitled to Disability Insurance Benefits
(“DIB”). (See Administrative Transcript
(“Tr.”) at 28-30). This matter has been referred
to the undersigned, pursuant to 28 U.S.C. § 636(b), for
initial consideration and a report and recommendation.
See DE 5.
review of the administrative record and consideration of the
parties' filings, I find no error that warrants reversal
of the Commissioner's decision in this case and therefore
recommend that Plaintiff's motion for judgment on the
administrative record (DE 20) be DENIED.
FACTS AND PROCEDURAL HISTORY
protectively filed an application for DIB on February 13,
2014 due to depression, post-traumatic stress disorder
(“PTSD”), anxiety, tremors, and Hepatitis C, with
an alleged disability onset date of July 26,
2012. (Tr. 80-81, 118). Her application was denied
initially and on reconsideration. (Tr. 80, 107). Pursuant to
her request for a hearing before an ALJ, Plaintiff appeared
with counsel and testified at a hearing before ALJ Alfred M.
Smith on November 3, 2015. (Tr. 48). On December 29, 2015,
the ALJ denied the claim. (Tr. 28-30). On July 21, 2016, the
Appeals Council denied Plaintiff's request for a review
of the ALJ's decision; therefore, the ALJ's decision
stands as the final determination of the Commissioner. (Tr.
of the decision, the ALJ made the following enumerated
1. The claimant meets the insured status requirements of the
Social Security Act through September 30, 2018.
2. The claimant has not engaged in substantial gainful
activity since February 14, 2014, the amended alleged onset
date (20 CFR 404.1571 et seq.).
3. The claimant has the following severe impairments:
post-traumatic stress disorder (PTSD); depression; and
hepatitis C (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, I find
that the claimant has the residual functional capacity to
perform medium work as defined in 20 CFR 404.1567(c). She can
stand and walk for 6 hours out of an 8-hour workday and sit
for 6 hours out of an 8-hour workday. The claimant is capable
of understanding and remembering at least simple directions.
She can maintain attention and concentration for at least
2-hour periods during an 8-hour workday and complete a normal
workweek. She can adequately relate to the public, accept
supervision, and deal appropriately with criticism. She is
able to manage the demands of a working environment, adjust
to task setting, and deal with normal changes.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565).
7. The claimant was born on October 26, 1966 and was 45 years
old, which is defined as a younger individual age 18-49, on
the alleged disability onset date (20 CFR 404.1563) (Ex.
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564) (Ex. C2E).
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 ...