United States District Court, E.D. Tennessee, Knoxville
MAYSIE D. AMOS, 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. 21]. Now before the Court
are Plaintiff's Motion for Judgment on the Pleadings and
Memorandum in Support [Docs. 22 & 23] and Defendant's
Motion for Summary Judgment and Memorandum in Support [Docs.
24 & 25]. Maysie D. Amos (“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.
March 30, 2015, Plaintiff protectively filed an application
for child's insurance benefits, alleging disability
beginning on November 23, 2014, which was later amended to
March 30, 2015. [Tr. 10, 285-305]. After Plaintiff's
application was denied initially and upon reconsideration,
Plaintiff requested a hearing before an ALJ. [Tr. 188-89]. An
initial hearing was held on September 21, 2017 [Tr. 32-46],
with a supplemental hearing held on December 13, 2017 [Tr.
47- 59]. On January 25, 2018, ALJ Sherman D. Schwartzberg
found that Plaintiff was not disabled. [Tr. 10-22]. The
Appeals Council denied Plaintiff's request for review on
August 28, 2018 [Tr. 1-6], making the ALJ's decision the
final decision of the Commissioner.
exhausted her administrative remedies, Plaintiff filed a
Complaint with this Court on September 14, 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.
January 25, 2018 disability decision, ALJ Schwartzberg made
the following findings:
1. Born on August 14, 1997, the claimant had not attained age
22 as of March 30, 2015, the alleged onset date (20 CFR
404.102 and 404.350(a)(5)).
2. The claimant has not engaged in substantial gainful
activity since March 30, 2015, the alleged onset date (20 CFR
404.1571 et seq.).
3. The claimant has the following severe impairments:
migraines, non-epileptic seizures, narcolepsy, anxiety
disorder, and major depressive disorder (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 and 404.1526).
5. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform medium work as defined in 20
CFR 404.1567(c) except no climbing ladders, ropes, or
scaffolds; no concentrated exposure to fumes and other
respiratory irritants and all exposure to hazards; limited to
simple, unskilled work with frequent contact with co-workers
6. The claimant has no past relevant work (20 CFR 404.1565).
7. The claimant was born on August 14, 1997 and was 17 years
old, which is defined as a younger individual age 18-49, on
the alleged disability onset date (20 CFR 404.1563).
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564).
9. Transferability of job skills is not an issue because the
claimant does not have past relevant work (20 CFR 404.1568).
10. Considering the claimant's age, education, work
experience, and residual functional capacity, there are other
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 March 30, 2015, through the
date of this decision ...