United States District Court, M.D. Tennessee, Nashville Division
Honorable Aleta A. Trauger, Judge
REPORT AND RECOMMENDATION
Terence P. Kemp United States Magistrate Judge
an action instituted under the provisions of 42 U.S.C.
§§ 405(g) and 1383(c)(3) to review a final decision
of the Commissioner of Social Security denying
Plaintiff's applications for a period of disability and
disability insurance benefits and for supplemental security
income. Plaintiff filed a motion for judgment on the
administrative record on November 29, 2017 (Doc. 15). The
Commissioner responded on December 13, 2017 (Doc. 17). For
the following reasons, it will be recommended that the Motion
for Judgment be GRANTED to the extent that
this case be REMANDED to the Commissioner
pursuant to 42 U.S.C. §405(g), sentence four.
filed his applications for benefits on April 18, 2013,
asserting that he became disabled on May 4, 2012. On November
7, 2013, those applications were denied, and Plaintiff's
request for reconsideration was denied on March 24, 2014. He
then asked for a hearing before an Administrative Law Judge
(ALJ). A hearing was held on November 24, 2015. Plaintiff,
Plaintiff's wife, and a vocational expert, Charles E.
Wheeler, testified at the hearing.
decision dated February 29, 2016, the ALJ determined that
Plaintiff did not meet the requirements for disability.
Plaintiff sought review of that decision from the Appeals
Council, but his appeal was denied on May 11, 2017. The case
is now before this Court to determine which party is entitled
to judgment on the administrative record (Doc. 11).
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 March 31, 2017.
claimant has not engaged in substantial gainful activity
since May 4, 2012, the alleged onset date.
claimant has the following severe impairments: low vision and
degenerative disc disease.
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,
After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work as defined in 20
CFR 404.1567(b) and 416.967(b) with limitations. He cannot
perform work that requires fine depth perception. He can only
occasionally climb, balance stoop, kneel, crouch and crawl.
He cannot be exposed to workplace hazards such as moving
machinery or unprotected heights.
claimant is unable to perform his past relevant work as a
machine operator or tractor-trailer driver.
claimant was born on September 21, 1974 and was 37years old,
which is defined as a younger individual aged 18-49, on his
alleged disability onset date.
claimant has at least a high school education and is able to
communicate in English.
Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled” whether or
not he has transferable job skills.
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 he can perform.
claimant has not been under a disability, as defined in the
Social Security Act, from May 4, 2012, ...