United States District Court, E.D. Tennessee, Knoxville
JESSIE JR. DAVIS, Plaintiff,
ANDREW M. SAUL, Acting Commissioner of Social Security, Defendant.
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. 19]. Now before the Court
are Plaintiff's Motion for Summary Judgment and
Memorandum in Support [Docs. 20 & 21] and Defendant's
Motion for Summary Judgment and Memorandum in Support [Docs.
22 & 23]. Jessie Jr. Davis (“Plaintiff”)
seeks judicial review of the decision of the Administrative
Law Judge (“the ALJ”), the final decision of
Defendant Andrew M. Saul (“the Commissioner”).
For the reasons that follow, the Court will
DENY Plaintiff's motion and
GRANT the Commissioner's motion.
January 13, 2015, Plaintiff filed an application for
disability insurance benefits pursuant to Title II of the
Social Security Act, 42 U.S.C. § 401 et seq.,
alleging disability beginning on April 30, 2014. [Tr. 18].
After his application was denied initially and upon
reconsideration, Plaintiff requested a hearing before an ALJ.
[Tr. 112-13]. A hearing was held on February 21, 2017. [Tr.
40-57]. On May 12, 2017, the ALJ found that Plaintiff was not
disabled. [Tr. 18-34]. The Appeals Council denied
Plaintiff's request for review on February 14, 2018 [Tr.
1-6], making the ALJ's decision the final decision of the
exhausted his administrative remedies, Plaintiff filed a
Complaint with this Court on April 13, 2018, 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 September 30, 2019.
2. The claimant has not engaged in substantial gainful
activity since April 30, 2014, the alleged onset date (20 CFR
404.1571 et seq.).
3. The claimant has the following severe impairments:
degenerative disc disease, obesity, enucleation of the right
eye, diabetes mellitus, depression, anxiety and borderline
intellectual functioning (20 CFR 404.1520(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).
5. After careful consideration of the entire record, I find
that the claimant has the residual functional capacity to
perform medium work as defined in 20 CFR 404.1567(c) except
he can lift, carry, push, and pull 35 pounds occasionally and
20 pounds frequently. He can sit, stand and walk six hours
each in an eight-hour workday. The claimant can only
occasionally engage in postural activities and cannot climb
ladders, ropes and scaffolds or have exposure to hazards. The
claimant is limited to tasks that can be done with monocular
vision. He can also perform simple, routine tasks with
occasional contact with the public, coworkers, and
supervisors. The claimant can sustain infrequent and gradual
changes in routine work settings and make simple work related
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565).
7. The claimant was born on October 6, 1962 and was 51 years
old, which is defined as an individual closely approaching
advanced age, on the alleged disability onset date. (20 CFR
8. The claimant has a limited education and is able to
communicate in English (20 CFR 404.1564).
9. 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 the claimant has transferable job skills (See SSR 82-41
and 20 CFR Part 404, Subpart P, Appendix 2).
10. 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 the claimant can perform (20 CFR 404.1569 and
11. The claimant has not been under a disability, as defined
in the Social Security Act, from April 30, 2014, through the
date of ...