United States District Court, M.D. Tennessee, Nashville Division
GREGORY WEHRMAN UNITED STATES MAGISTRATE JUDGE.
before the Court is Plaintiff's amended motion for
judgment on the administrative record. See Docket
Entry (“DE”) 15. 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”) or
Supplement Security Income (“SSI”). (See
Administrative Transcript (“Tr.”) at
20-38). 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
review of the administrative record and consideration of the
parties' filings, I find no error that would necessitate
remand in this case and therefore recommend that
Plaintiff's motion for judgment on the administrative
record (DE 15) be DENIED.
FACTS AND PROCEDURAL HISTORY
protectively filed an application for DIB and SSI on August
19, 2013 due to a fractured talus bone, necrosis and a
collapsed bone, depression, anxiety, Hepatitis C, polycystic
ovarian syndrome, and neuropathy, with an alleged disability
onset date of April 1, 2013. (Tr. 94-95, 140). Her
application was denied initially and upon reconsideration.
(Tr. 94-95, 132-33). Pursuant to her request for a hearing
before an ALJ, Plaintiff appeared with counsel and testified
at a hearing before ALJ David A. Ettinger on September 10,
2015. (Tr. 44). On February 23, 2016, the ALJ denied the
claim. (Tr. 20-22). On February 15, 2017, 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. 1-3).
of the decision, the ALJ made the following enumerated
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2017.
2. The claimant has not engaged in substantial gainful
activity since April 1, 2013, the alleged onset date (20 CFR
404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: right
ankle avascular necrosis, peripheral vascular disease,
peripheral neuropathy, obesity, depressive disorder, and
borderline intellectual functioning (20 CFR 404.1520(c) and
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 sedentary work as defined in 20 CFR 404.1567(a) and
416.967(a) except that she cannot stand or walk for more than
one hour during a work day; cannot more than occasionally
operate foot controls with her right leg; cannot climb
ladders; cannot more than occasionally climb stairs or crawl;
cannot more than frequently balance, stoop, kneel, or crouch;
must avoid concentrated exposure to extreme cold, respiratory
irritants, and hazardous work environments; is limited to
simple repetitive work; cannot maintain attention or
concentration for longer than two hours without interruption;
cannot interact with the public; and cannot more than
occasionally interact with supervisors and coworkers.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
7. The claimant was born on December 18, 1974 and was 38
years old, which is defined as a younger individual age
18-44, on the alleged disability onset date (20 CFR 404.1563
8. The claimant has a limited education and is able to
communicate in English (20 CFR 404.1564 and 416.964.
9. Transferability of job skills is not an issue in this case
because the claimant's past relevant work is unskilled
(20 CFR 404.1568 and 416.968).
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 April 1, 2013, through the
date of this decision ...