United States District Court, M.D. Tennessee, Nashville Division
A. TRAUGER U.S. District Judge
REPORT AND RECOMMENDATION
STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE
William Annaruma (“Plaintiff”) brings this action
under 42 U.S.C. §405(g), challenging a final decision of
Defendant Commissioner denying his application for Disability
Insurance Benefits under the Social Security Act. On January
27, 2017, Plaintiff filed a Motion for Judgment [Docket #21].
On January 30, 2018, the case was assigned to the undersigned
pursuant to 28 U.S.C. § 636 for Report and
Recommendation. For the reasons set forth below, I recommend
that Plaintiff's Motion [Docket #21] be DENIED.
filed an application for Disability Insurance Benefits
(“DIB”) on April 8, 2013, alleging disability as
of December 9, 2010 (Tr. 142-143). On June 25, 2013,
Plaintiff retained the services of attorney David C. Downward
(Tr. 75). After the initial denial of the claim, Plaintiff
requested an administrative hearing, held on April 24, 2014
(Tr. 21). Administrative Law Judge (“ALJ”)
Elizabeth P. Neuhoff presided. Plaintiff, represented by
attorney Chelsea Parker, testified (Tr. 28-51, 56-61) as did
Vocational Expert (“VE”) Rebecca Williams (Tr.
51-56). On May 7, 2015, ALJ Neuhoff found that Plaintiff did
not experience any workplace limitations on or before the
June 30, 2009 expiration of DIB (Tr. 12-16). On June 17,
2016, the Appeals Council denied review (Tr. 1-3). Plaintiff
filed for judicial review of the final decision on August 15,
born July 14, 1952, was 62 when ALJ Neuhoff issued her
decision (Tr. 16, 142). He completed at least four years of
college and worked previously as an electronic installer (Tr.
156). His application for benefits alleges disability
resulting from sarcoidosis, colitis, hypertension, arm
numbness, and spine and neck problems (Tr. 155).
testified that he moved from New York to Tennessee in 2010
(Tr. 29). He visited New York City “[e]very once in a
while” to meet with friends and business connections
(Tr. 29). He stated that he tried “to do some work
there, as often as [he could]” (Tr. 29).
and Plaintiff then engaged in the following exchange:
ALJ: Okay. So, Mr. Annaruma, when I read through your
paperwork, you said that you became disabled on January 1,
2008? Is that date correct?
Plaintiff: It's not.
ALJ: What date do you believe you became disabled?
Plaintiff: It was around December of 2010.
ALJ: And what happened that caused you to believe you became
disabled on that date?
Plaintiff: Well, I mean, it was really kind of stuff that was
leading up. . . . I have a condition that elevated to a level
of incapacitating me a lot. It's called sarcoidosis . . .
. [also effecting the digestive system, lungs, liver,
kidneys, hands, and eyes] . . . . And it started getting
apparent in around 2008, 2009 . . . . But it elevated. It
just kept elevating . . . . And the biggest thing that it
affected that stopped me from working was that it - - I had a
lot of stenosis in my spine. So I can't stand for long -
- for more than five or six minutes at a time. And my hands
get totally numb (Tr. 29-30).
reported that he took Lyrica for the condition (Tr. 30). He
reported that at times that he was unable to lift a bottle
without pain (Tr. 31).
ALJ then noted that because Plaintiff's date last insured
(“DLI”) for DIB eligibility was June 30, 2009,
Plaintiff would “have to, obviously, dismiss [the DIB]
claim” (Tr. 31, 34). She noted, in effect,
that she would consider whether Plaintiff was eligible for
Supplemental Security Income (“SSI”) for the
period after the DLI for DIB (Tr. 34).