Greene v. Social Security Administration

CourtDistrict Court, M.D. Tennessee
DecidedMay 31, 2023
Docket1:22-cv-00037
StatusUnknown

This text of Greene v. Social Security Administration (Greene v. Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. Social Security Administration, (M.D. Tenn. 2023).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION

CONNIE LYNN GREENE, ) ) Plaintiff, ) ) v. ) Case No. 1:22-cv-00037 ) Judge Frensley KILOLO KIJAKAZI, ) COMMISSIONER OF SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendant. )

MEMORANDUM OPINION

Plaintiff Connie Lynn Greene brings this action under 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of the Social Security Administration’s denial of her application for disability insurance benefits and supplemental security income. The parties have consented to entry of final judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. § 636(c), with any appeal directly to the Sixth Circuit Court of Appeals. The court has reviewed the administrative record, the briefs of the parties, and applicable law. Plaintiff’s Motion for Judgment on the Record is DENIED, and the decision of the Commissioner is AFFIRMED. I. INTRODUCTION Plaintiff filed her application for Disability Insurance Benefits (“DIB”) on November 13, 2019, alleging onset of disability on September 26, 2019, due to generalized anxiety disorder, major depressive disorder, hypertension, rheumatoid arthritis of the knees, hips, hands, and lower back, disc protrusion, unknown temporomandibular joint, and unknown right leg problem. Docket No. 8 (“TR”), pp. 221-22, 237. The Social Security Administration denied Plaintiff’s application both initially (TR 111) and upon reconsideration (TR 133). She subsequently requested a hearing before Administrative Law Judge (“ALJ”) J. Dennis Reap, which was conducted via telephone on May 28, 2021. TR 33, 139. Plaintiff and vocational expert (“VE”), Barbara Holmes, appeared and testified. TR 33.

The ALJ issued a decision unfavorable to Plaintiff on July 1, 2021, finding that Plaintiff was not disabled within the meaning of the Social Security Act and Regulations. TR 13-32. Specifically, the ALJ made the following findings of fact: 1. The claimant last met the insured status requirements of the Social Security Act on September 30, 2020.

2. The claimant did not engage in substantial gainful activity during the period from her alleged onset date of September 26, 2019 through her date last insured of September 30, 2020 (20 CFR 404.1571 et seq.).

3. Through the date last insured, the claimant had the following severe impairments: Anxiety disorder, obsessive-compulsive disorder; depressive disorder; bipolar disorder (20 CFR 404.1520(c)).

4. Through the date last insured, the claimant did not have an impairment or combination of impairments that met or medically equaled 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, through the date last insured, the claimant had the residual functional capacity to perform a full range of work at all exertional levels but with the following non-exertional limitations: the claimant can understand, carryout [sic], [and] remember[] simple[,] routine tasks for two-hour periods with a normal level of supervision and do so for an eight-hour day with customary breaks; can occasionally interact with coworkers and supervisors but needs to avoid public interaction and work with objects instead of people; avoid fast paced production work tasks with a quota; and can adapt to occasional changes in work routines. The hypothetical posed to the VE during the hearing included exertional/physical limitations. However, based on a port-hearing review, the exertional limitations are overly restrictive. However, in the alternative, even if the claimant’s physical impairments were severe, limiting her to the range of work in the hypothetical, a significant number of jobs exist.

6. Through the date last insured, the claimant was unable to perform any past relevant work (20 CFR 404.1565).

7. The claimant was born on June 23, 1967 and was 53 years old, which is defined as an individual closely approaching advanced age, on the date last insured (20 CFR 404.1563).

8. The claimant has at least a high school education (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. Through the date last insured, considering the claimant’s age, education, work experience, and residual functional capacity, there were jobs that existed in significant numbers in the national economy that the claimant could have performed (20 CFR 404.1569 and 404.1569(a)).

11. The claimant was not under a disability, as defined in the Social Security Act, at any time from September 26, 2019, the alleged onset date, through September 30, 2020, the date last insured (20 CFR 404.1520(g)).

TR 19-26. On August 23, 2021, Plaintiff timely filed a request for review of the hearing decision. TR 215-217. The Appeals Council issued a letter declining to review the case on July 26, 2022, thereby making the ALJ’s decision the final decision of the Commissioner. TR 1-3. Plaintiff subsequently filed the instant action, and the Court has jurisdiction. 42 U.S.C. § 405(g). If the Commissioner’s findings are supported by substantial evidence, based upon the record as a whole, then these findings are conclusive. Id. II. REVIEW OF THE RECORD The parties and the ALJ have thoroughly summarized and discussed the medical and

testimonial evidence of record. Accordingly, the Court will discuss those matters only to the extent necessary to analyze the parties’ arguments. III. CONCLUSIONS OF LAW A) Standard of Review This Court’s review of the Commissioner’s decision is limited to the record made in the administrative hearing process. Miller v. Comm’r of Soc. Sec., 811 F.3d 825, 833 (6th Cir. 2016). The purpose of this review is to determine (1) whether substantial evidence exists in the record to support the Commissioner’s decision, and (2) whether any legal errors were committed in the process of reaching that decision. Id. “Under the substantial-evidence standard, a court looks to an existing administrative record and asks whether it contains ‘sufficien[t] evidence’ to support

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Greene v. Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-social-security-administration-tnmd-2023.