United States District Court, E.D. Tennessee, Knoxville
C. POPLIN, UNITED STATES MAGISTRATE JUDGE
case is before the undersigned pursuant to 28 U.S.C. §
636(b), Rule 73 of the Federal Rules of Civil Procedure, and
the consent of the parties [Doc. 14]. Now before the Court is
the Plaintiff's Motion for Judgment on the Pleadings and
Memorandum in Support [Docs. 17 & 18] and the
Defendant's Motion for Summary Judgment and Memorandum in
Support [Docs. 19 & 20]. Homer Brawner (“the
Plaintiff”) seeks judicial review of the decision of
the Administrative Law Judge (“the ALJ”), the
final decision of Defendant Nancy A. Berryhill, Acting
Commissioner of Social Security (“the
Commissioner”). For the reasons that follow, the Court
will DENY the Plaintiff's motion and
GRANT the Commissioner's motion.
February 27, 2013, the Plaintiff filed an application for
disability insurance benefits pursuant to Title II of the
Social Security Act, 42 U.S.C. §§ 401-403, claiming
a period of disability that began on April 15, 2010. [Tr.
115-20]. After his application was denied initially and upon
reconsideration, the Plaintiff requested a hearing before an
ALJ. [Tr. 81]. A hearing was held on March 19, 2015. [Tr.
26-40]. On August 24, 2015, the ALJ found that the Plaintiff
was not disabled. [Tr. 12-21]. The Appeals Council denied the
Plaintiff's request for review on August 24, 2016 [Tr.
1-6], making the ALJ's decision the final decision of the
exhausted his administrative remedies, the Plaintiff filed a
Complaint with this Court on October 24, 2016, seeking
judicial review of the Commissioner's final decision
under Section 405(g) of the Social Security Act. [Doc. 1].
The parties have filed competing dispositive motions, and
this matter is now ripe for adjudication.
made the following findings:
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2015.
2. The claimant has not engaged in substantial gainful
activity since April 15, 2010, the alleged onset date.
3. The claimant has the following severe impairments:
obesity, degenerative disc disease, sensorineural hearing
loss, posttraumatic stress disorder, anxiety disorder, 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.
5. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work except he can
occasionally bend, stoop, squat, kneel, and crouch. The
claimant can perform simple and detailed tasks. He can
concentrate for at least two hours at one time and can
occasionally (up to one third of the day) deal with change
and with the general public.
6. The claimant is capable of performing past relevant work
as an inspector. This work does not require the performance
of work-related activities precluded by the claimant's
residual functional capacity.
7. The claimant has not been under a disability, as defined
in the Social Security Act, from April 15, 2010, through ...