United States District Court, E.D. Tennessee, Chattanooga
Christopher H. Steger Judge
seeks judicial review pursuant to Section 205(g) of the
Social Security Act (“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 and
supplemental security income under Titles II and XVI of the
Act, 42 U.S.C. §§ 401-434. The parties have
consented to entry of final judgment by the United States
Magistrate Judge under the provisions of 28 U.S.C. §
636(c), with any appeal to the Court of Appeals for the Sixth
Circuit [Doc. 12]. For the reasons stated herein,
Plaintiff's Motion for Judgment on the Administrative
Record [Doc. 8] shall be DENIED; the
Commissioner's Motion for Summary Judgment [Doc. 15]
shall be GRANTED; and the decision of the
Commissioner shall be AFFIRMED. Judgment in
favor of Defendant shall be entered.
applied for disability insurance benefits and supplemental
security income under Titles II and XVI of the Act, 42 U.S.C.
§§ 401-434. (Tr. 171-78). Section 205(g) of the
Act, 42 U.S.C. § 405(g), provides for judicial review of
a “final decision” of the Commissioner of the
SSA. Plaintiff's claim was denied and she requested a
hearing before an administrative law judge
(“ALJ”). (Tr. 135). On May 28, 2015, following a
hearing, the ALJ found that Plaintiff was not disabled. (Tr.
11-27). On August 4, 2016, SSA's Appeals Council denied
Plaintiff's request for review. (Tr. 1-6). Thus,
Plaintiff has exhausted her administrative remedies, and the
ALJ's decision stands as the final decision of the
Commissioner subject to judicial review. Plaintiff filed a
complaint seeking review in this Court on October 6, 2016,
which the Commissioner answered. Subsequently, Plaintiff
filed a motion for judgment on the administrative record
[Doc. 8], and the Commissioner filed a motion for summary
judgment [Doc. 15]. Both motions are ripe for review.
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 March 31, 2017.
2. The claimant has not engaged in substantial gainful
activity since September l, 2012, the alleged onset date (20
CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: status
post fracture in right foot, left hip pain, status post
kidney stones and an adjustment disorder (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, 404.1526,
416.920(d), 416.925 and 416.926).
5. After careful consideration of the entire record, I find
that the claimant has the residual functional capacity to
perform light work as defined in 20 CFR 404.1567(b) and
416.967(b): except the claimant can stand and/or walk for 4
hours of an 8 hour workday; she can occasionally use the
right lower extremity for foot controls; she can occasionally
balance, stoop, crawl, and use ramps and stairs; she cannot
climb ladders, ropes or scaffolds; and she must avoid
moderate exposure to hazards at work. The claimant can
maintain concentration, persistence, and pace for 2 hours at
a time, 8 hours a day, and 40 hours per week performing
simple and detailed work; and she can occasionally interact
with the general public.
6. The claimant has no past relevant work (20 CFR 404.1565
7. The claimant was born on December 3, 1973, and was 38
years old, which is defined as a younger individual age
18-49, on the alleged disability onset date (20 CFR 404.1563
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564 and 416.964).
9. Transferability of job skills is not an issue because the
claimant does not have past relevant work (20 CFR 404.1568
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, 404.1569(a),
416.969, and 416.969(a)).
11. The claimant has not been under a disability, as defined
in the Social Security Act, from September 1, 2012, through
the date of this decision (20 CFR 404.1520(g) and
Plaintiff's Age, Education, and Past Work
time of the hearing before the ALJ on April 15, 2015,
Plaintiff was 41 years old. She was 38 years old at the time
of her alleged onset of disability on September 1, 2012, and
she has no past relevant work. She completed the eleventh
grade and subsequently earned her General Education
Development high school equivalency diploma. She also has an
unexpired cosmetology license. (Tr. 32, 171).
Plaintiff's Testimony ...