United States District Court, M.D. Tennessee, Northeastern Division
Honorable Waverly D. Crenshaw, Jr., Chief District Judge
REPORT AND RECOMMENDATION
BARBARA D. HOLMES, UNITED STATES MAGISTRATE JUDGE
filed 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”), denying Plaintiff's claim
for Supplemental Security Income (“SSI”) as
provided under Title XVI of the Social Security Act
(“the Act”). The case is currently pending on
Plaintiff's motion for judgment on the administrative
record (Docket Entry (“DE”) 17), to which
Defendant has responded. DE 18. Plaintiff has also filed a
reply brief. DE 19.
review of the administrative record as a whole and
consideration of the parties' filings, the undersigned
Magistrate Judge respectfully recommends that Plaintiff's
motion (DE 17) be DENIED.
filed an application for SSI on January 6, 2015, in which she
alleged that she was unable to work because of chronic
sciatica, pinched nerves, degenerative disc disease, mental
health illnesses, and numbness in the knee. See
Transcript of the Administrative Record (DE 15) at 67,
She alleged a disability onset date of May 1, 2014. AR 55.
applications were denied initially and upon reconsideration.
AR 67, 80. Pursuant to her request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
William Callahan on May 10, 2017. AR 26. On August 23, 2017,
the ALJ denied the claim. AR 8-10. The Appeals Council denied
Plaintiff's request for review of the ALJ's decision
(AR 1-4), thereby making the ALJ's decision the final
decision of the Commissioner. This civil action was
subsequently filed and the Court has jurisdiction. 42 U.S.C.
THE ALJ FINDINGS
made the following enumerated findings as part of his denial
of Plaintiff's claim:
1. The claimant has not engaged in substantial gainful
activity since January 6, 2015, the application date (20 CFR
416.971 et seq.).
2. The claimant has the following medically determinable
impairments: paraspinal muscle spasms; mild lumbar
degenerative disc disease (DDD); early left knee degenerative
joint disease (DJD); depression/affective disorder with mixed
anxiety; hypertension; GERD; and obesity (416.922 et
3. The claimant does not have an impairment or combination of
impairments that has significantly limited (or is expected to
significantly limit) the ability to perform basic
work-related activities for 122 consecutive months;
therefore, the claimant does not have a severe impairment or
combination of impairments (416.922 et seq.).
4. The claimant has not been under a disability, as defined
in the Social Security Act, since January 6, 2015, the date
the application was filed (20 CFR 416.920(c)).
REVIEW OF THE RECORD
parties and the ALJ have thoroughly summarized and discussed
the medical and testimonial evidence of the administrative
record. Accordingly, the Court will discuss those matters
only to ...