United States District Court, W.D. Arkansas, Fort Smith Division
BOBBY W. TANNER, Plaintiff,
CAROLYN W. COLVIN Commissioner, Social Security Administration, Defendant.
W. Tanner, Plaintiff, represented by Davis Duty, Duty and
Duty Attorney's at Law.
Security Administration Commissioner, Defendant, represented
by Adrial B. McField, Social Security Administration.
REPORT AND RECOMMENDATION OF THE UNITED STATES
A. BRYANT, Magistrate Judge.
W. Tanner ("Plaintiff") brings this action pursuant
to Â§ 205(g) of Title II of the Social Security Act ("The
Act"), 42 U.S.C. Â§ 405(g) (2010), seeking judicial
review of a final decision of the Commissioner of the Social
Security Administration ("SSA") denying his
applications for Disability Insurance Benefits
("DIB"), Supplemental Security Income
("SSI"), and a period of disability under Titles II
and XVI of the Act.
to the provisions of 28 U.S.C. Â§ 636(b)(1) and (3) (2009),
the Honorable P. K. Holmes, III referred this case to this
Court for the purpose of making a report and recommendation.
In accordance with that referral, and after reviewing the
arguments of counsel, this Court recommends Plaintiff's
case be REVERSED AND REMANDED.
protectively filed his disability applications on January 13,
2010. (Tr. 115-122). In his applications, Plaintiff alleged
he was disabled due to due to diabetic insulin dependence and
bipolar disorder. (Tr. 157). Plaintiff alleged an onset date
of January 1, 2009. (157, 367).
8, 2011, Plaintiff had an administrative hearing. (Tr.
29-55). On June 20, 2011, the ALJ issued a decision finding
Plaintiff not disabled. (Tr. 13-24). Plaintiff requested the
Appeals Council review the ALJ's decision. (Tr. 7-9). The
Appeals Council denied his request for review on October 2,
2012. (Tr. 1-6). Plaintiff filed an appeal to the United
States District Court for the Western District of Arkansas
and the District Court remanded this case to the Commissioner
for further consideration on February 6, 2014. (Tr. 435). On
May 8, 2014, the Appeals Council remanded this case to the
ALJ for further proceedings. (Tr. 446).
on February 3, 2015, Plaintiff had a second administrative
hearing. (Tr. 388-409). Plaintiff was present at this hearing
and was represented by attorney Davis Duty Id.
Plaintiff, and Vocational Expert ("VE") Montie
Lumpkin testified at this hearing. Id.
4, 2015, the ALJ entered a partially favorable decision
finding Plaintiff disabled beginning on August 1, 2014, but
not disabled from his alleged onset date of January 1, 2009
through July 31, 2014. (Tr. 367-381). In this decision, the
ALJ determined Plaintiff met the insured status requirements
of the Act through December 31, 2010. (Tr. 369, Finding 1).
The ALJ also determined Plaintiff had not engaged in
Substantial Gainful Activity ("SGA") since his
alleged onset date. (Tr. 369, Finding 2).
determined Plaintiff had the following severe impairments:
adjustment disorder with depression and anxiety, borderline
intellectual functioning, and insulin dependent diabetes
mellitus. (Tr. 369, Finding 3). Despite being severe, the ALJ
determined Plaintiff did not have an impairment or
combination of impairments that met or medically equaled one
of the Listings in 20 CFR Part 404, Subpart P, Appendix 1 (20
C.F.R. Â§Â§ 404.1520(d), 404.1525, 404.1526, 416.920(d),
416.925, and 416.926). (Tr. 370, Finding 4).
then evaluated the credibility of Plaintiff's subjective
complaints and determined his Residual Functional Capacity
("RFC"). (Tr. 372, Finding 5). First, the ALJ
evaluated Plaintiff's subjective complaints and found
they were not entirely credible. Id. Second, the ALJ
found prior to August 1, 2014, Plaintiff had the RFC to
perform a limited range of light work as defined in 20 C.F.R.
Â§Â§ 404.1567(b), 416.967, except is able to perform work that
is limited to simple, routine, repetitive tasks involving
simple, work-related decisions, with few, if any, workplace
changes and no more than incidental contact with co-workers,
supervisors, and the general public. Id.
then evaluated Plaintiff's Past Relevant Work
("PRW"). (Tr. 378, Finding 7). The ALJ determined
since January 1, 2009 Plaintiff's was unable to perform
his PRW. Id. Upon consideration of the
Medical-Vocational Guidelines and the VE's testimony, the
ALJ found Plaintiff would be able to perform other work such
as a power screwdriver operator and filling and closing
tender prior to August 1, 2014. (Tr. 379, Finding 11).
Therefore, the ALJ concluded Plaintiff was not disabled,
prior to August 1, 2014, but became disabled on that date and
continued to be disabled through the date of the decision.
(Tr. 380, Finding 12).
September 1, 2015, Plaintiff filed the present appeal. ECF
No. 1. Both Parties have filed appeal briefs. ECF Nos. 10,