United States District Court, M.D. Tennessee, Northeastern Division
WAVERLY D. CRENSHAW, JR., CHIEF JUDGE
REPORT AND RECOMMENDATION
Terence P. Kemp United States Magistrate Judge
The Honorable Waverly D. Crenshaw, Jr., Chief Judge
an action instituted under the provisions of 42 U.S.C.
§§ 405(g) and 1383 to review a final decision of
the Commissioner of Social Security denying Plaintiff's
application for disability insurance benefits and
supplemental security income. Plaintiff filed a motion for
judgment on the administrative record on June 8, 2017 (Doc.
19) and the Commissioner responded on July 6, 2017 (Doc. 20).
Plaintiff filed a reply to the response on July 18. 2017
(Doc. 21). For the following reasons, it will be recommended
that Plaintiff's motion be DENIED and
that this action be DISMISSED.
filed her applications for benefits on September 9, 2013,
asserting that she became disabled on March 1, 2002 due to
back pain, foot pain, and obesity. On December 13, 2013, both
applications were denied, and Plaintiff's request for
reconsideration was denied on March 24, 2014. She then asked
for a hearing before an Administrative Law Judge (ALJ), and
that hearing was held on October 5, 2015. Both Plaintiff and
a vocational expert, Edward Smith, testified at the hearing.
Also, through counsel, Plaintiff amended her alleged onset
date to November 18, 2013, effectively eliminating her
application for disability insurance benefits under Title II.
decision dated January 21, 2016, the ALJ determined that
Plaintiff did not meet the requirements for disability.
Plaintiff sought review of that decision from the Appeals
Council, but that appeal was denied on January 11, 2017. The
case is now before this Court to determine which party is
entitled to judgment on the administrative record (Doc. 17).
The Findings and Conclusions of the ALJ In his
decision, the ALJ made the following findings of fact and
conclusions of law (with some legal references omitted):
claimant meets the insured status requirements of the Social
Security Act through September 30, 2007.
claimant has not engaged in substantial gainful activity
since November 18, 2013, the alleged onset date.
claimant has the following severe impairments: degenerative
disc disease, obesity and dysfunction of major joints.
claimant does not have an impairment of combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
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 404.1567(c) and 416.967(c) except occasional climbing of
ramps, stairs, ladders, ropes and scaffolds with frequent
stooping, kneeling, crouching and crawling.
claimant is capable of performing past relevant work as an
assistant manager fast food, biscuit maker, short order cook
and waitress. This work does not require the performance of