United States District Court, M.D. Tennessee, Northeastern Division
REPORT AND RECOMMENDATION
Gregory Wehrman, United States Magistrate Judge.
Honorable Waverly D. Crenshaw, Chief District Judge.
before the Court is Plaintiff's motion for judgment on
the administrative record. See Docket Entry
(“DE”) 9. 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”). (See Administrative
Transcript (DE 7) at 21-23). 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 DE 2.
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 9) be DENIED.
FACTS AND PROCEDURAL HISTORY
protectively filed an application for DIB on March 14, 2013
due to rheumatoid arthritis, chronic obstructive pulmonary
disease (“COPD”), hypothyroidism, lupus, and
depression, with an alleged disability onset date of December
31, 2007. (Tr. 64, 76). Her application was denied initially
and on reconsideration. (Tr. 64, 72). Pursuant to her request
for a hearing before an ALJ, Plaintiff appeared with counsel
and testified at a hearing before ALJ Andrea Wirth on June 2,
2016. (Tr. 36). On August 22, 2016, the ALJ denied the claim.
(Tr. 21-23). On August 30, 2017, the Appeals Council denied
Plaintiff's request for a review of the ALJ's
decision (Tr. 1-3). Therefore, the ALJ's decision stands
as the final determination of the Commissioner.
of the decision, the ALJ made the following enumerated
1. The claimant last met the insured status requirements of
the Social Security Act on December 31, 2009.
2. The claimant did not engage in substantial gainful
activity during the period from her alleged onset date of
December 31, 2007 through her date last insured of December
31, 2009 (20 CFR 404.1571 et seq.).
3. Through the date last insured, the claimant had the
following medically determinable impairments: lupus, chronic
obstructive pulmonary disease (COPD) (20 CFR 404.1521 et
4. Through the date last insured, the claimant did not have
an impairment or combination of impairments that
significantly limited the ability to perform basic
work-related activities for 12 consecutive months; therefore,
the claimant did not have a severe impairment or combination
of impairments (20 CFR 404.1521 et seq.).
5. The claimant was not under a disability, as defined in the
Social Security Act, at any time from December 31, 2007, the
alleged onset date, through December 31, 2009, the date last
insured (20 CFR 404.1520(c)).
appeal, Plaintiff submits that the ALJ erred by (1) failing
to find that COPD and lupus represent severe impairments, (2)
failing to find that she meets Listing 3.02, and (3) failing
to accord adequate weight to the opinion of her treating
physician. DE 10 at 8, 11.