United States District Court, M.D. Tennessee, Northeastern Division
Honorable Waverly D. Crenshaw, Chief District Judge
REPORT AND RECOMMENDATION
BAPLBARA 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 Disability Insurance Benefits (“DIB”) and
Supplemental Security Income (“SSI”) as provided
under Titles II and XVI of the Social Security Act
(“the Act”). The case is currently pending on
Plaintiff's motion for judgment on the administrative
record (see Docket Entry (“DE”) 15), to
which Defendant has filed a response. See DE 20.
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 4.
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 15) be DENIED.
filed applications for DIB and SSI on March 13, 2015.
See Transcript of the Administrative Record (DE 11)
at 83-84. He alleged a disability onset date of
March 31, 2012. AR 83-84. Plaintiff asserted that he was
unable to work because of fibromyalgia, Parsonage-Turner
syndrome, tendonitis, costochondritis, muscle spasms,
insomnia, high blood pressure, myopathy, back and shoulder
pain, chest pain, vertigo, depression, and anxiety. AR 131.
applications were denied initially and upon reconsideration.
AR 122-23. Pursuant to his request for a hearing before an
administrative law judge (“ALJ”), Plaintiff
appeared with counsel and testified at a hearing before ALJ
K. Dickson Grissom on June 14, 2017. AR 68. The ALJ denied
the claim on January 16, 2018. AR 20-22. The Appeals Council
denied Plaintiff's request for review of the ALJ's
decision on May 10, 2018 (AR 1-3), thereby making the
ALJ's decision the final decision of the Commissioner.
This civil action was thereafter timely filed and the Court
has jurisdiction. 42 U.S.C. § 405(g).
THE ALJ FINDINGS
issued an unfavorable decision and made the following
enumerated findings based upon the record:
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2017.
2. The claimant has not engaged in substantial gainful
activity since March 31, 2012, the alleged onset date. (20
CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: muscle
spasms, arthritis, hypertension, pain disorders in left
shoulder and upper chest, costochondritis, obesity,
Parsonage-Turner syndrome and adjustment disorder (20 CFR
404.1520(c) and 416.920(c)).
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 in 20 CFR part 404, Subpart P,
Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526,
416.920(d), 416.925 and 416.926).
5. 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) except he can occasionally
climb, balance, stoop-bending [sic] from the waist to the
floor, kneel, crouch and crawl. The claimant can perform no
work around hazards such as dangerous moving machinery or
unprotected heights. The claimant can perform no more than
simple, routine and repetitive non-detailed tasks; with
coworker and public contact being no more than casual and
superficial (meaning no more than occasional), supervision
would be direct and non-confrontational (meaning he would
require no special supervision), and changes in the workplace
would be infrequent and gradually introduced.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
7. The claimant was born on February 7, 1971 and was 41 years
old, which is defined as a younger individual age 18-49, on
the alleged disability onset ...