Arnett v. Commissioner of Social Security

142 F. Supp. 3d 586, 2015 U.S. Dist. LEXIS 107248, 2015 WL 4776698
CourtDistrict Court, S.D. Ohio
DecidedAugust 14, 2015
DocketCase No.: 3:14-cv-177
StatusPublished
Cited by5 cases

This text of 142 F. Supp. 3d 586 (Arnett v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnett v. Commissioner of Social Security, 142 F. Supp. 3d 586, 2015 U.S. Dist. LEXIS 107248, 2015 WL 4776698 (S.D. Ohio 2015).

Opinion

DECISION AND ENTRY: (1) AFFIRMING THE ALJ’S NON-DISABILITY FINDING AS SUPPORTED BY SUBSTANTIAL EVIDENCE; AND (2) TERMINATING THIS CASE ON THE DOCKET

Michael J. Newman, United States Magistrate Judge

This Social Security disability benefits appeal is presently before the undersigned for disposition based upon the parties’ consent. Doc. 4. At issue is whether the Administrative -Law Judge (“ALJ”) erred in finding Plaintiff not “disabled” and therefore unentitled to Disability Insurance Benefits (“DIB”) and/or Supplemental Security Income (“SSI”).1 This ease is before the Court upon Plaintiffs Statement of Errors (doc. 9), the Commissioner’s memorandum in opposition to Plaintiffs Statement of Errors (doc. 13), Plaintiffs reply memorandum (doc. 14), the administrative record (doc. 7),2 and the record- as a whole.

I.

A. Procedural History

Plaintiff filed for DIB and SSI in March 2011 alleging a disability onset date of April 4, 2009. PageID 260-72. Plaintiff claims disability as a result of a number of impairments including, inter alia, osteoarthritis,' affective disorder, and anxiety disorder. PagelD 73.

After initial denial of her applications, Plaintiff received a hearing before ALJ Elizabeth A. Motta. PagelD 91-114. The ALJ issued a written decision on January 9, 2013 finding Plaintiff not disabled. Pa-gelD 71-82. Specifically, the ALJ’s findings were as follows:

1. The'claimant meets the insured status requirements of the Social Security Act through March 31, 2011.
2. The claimant has not engaged in substantial gainful activity since April 4, 2009, the alleged onset date (20 C.F.R. 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: right hip osteoarthritis; affective disorder; anxiety disorder; and history of polysubstance abuse (20 C.F.R. 404.1520(c) and 416.920(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).
5. The claimant has the residual functional capacity [“RFC”] to lift up to 20 pounds occasionally and 10 pounds frequently; standing/walking is limited to 15 minutes per hour (combined total of two hours in an eight-hour workday); she needs a cane to' ambulate;- she can do only occasional climbing stairs/ramps, balancing, stooping, kneeling, crouching and crawling; she must avoid climbing ropes, ladders or scaffolds; exposure to hazards, such as moving or dangerous machinery or working at unprotected heights; and [589]*589she is limited to simple, routine and-repetitive tasks; low stress work, that is, no strict production quotas, no fast-pace, and. few changes in the work setting; no contact with the public; and only occasional contact with eoworkers and; supervisors.
6. The claimant is unable to perform any past relevant work (20 C.F.R. 404.1565 and 416.965).
7. The claimant was born [in] 1966, and was 42 years old, which is defined as a younger individual age 18-44, on the alleged disability onset date. The claimant subsequently changed age category to a younger individual age 45-49. She was 46 years old at the hearing (20 C.F.R. 404.1563 and 416.963).
8. The claimant has a limited education (dropped out in the 11th grade per testimony) and is able to communicate in English (20 C.F.R. 404.1564 and 416.964).
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 she has transferable job skills (See SSR 82-41 and 20 C.F.R. Part 404, Subpart P, Appendix 2).
10. Considering the claimant’s age, education, work experience, and [RFC], there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 C.F.R. 404.1569, 404.1569(a), 416.969, and 416.969(a)).
11. The claimant has not been under a disability, as defined in the Social Security Act, from April 4, 2009, through the date of this decision (20 C.F.R. 404.1520(g) and 416.920(g)).

PagelD 73-82. ■

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. PageID 52-54. Plaintiff then filed this timely appeal. Cook v. Comm’r of Soc. Sec., 480 F.3d 432, 435 (6th Cir.2007) (noting that, “[u]nder the Federal Rules of Appellate Procedure, [claimant]- ■ had 60 days from the Appeals Council’s notice of denial in which to file his appeal”).

B. Evidence of Record

In her decision, the ALJ set forth a detailed recitation of the underlying medical evidence in this case. PagelD 73-80. Plaintiff, in her Statement of Errors, also summarizes the evidence of record. Doc. 9 at PagelD 634. The Commissioner’s response to Plaintiffs Statement of Errors offers no objections to Plaintiffs summary. Doc. 13. Accordingly, except as otherwise noted in this Decision and Entry, the undersigned incorporates the ALJ’s recitation of the evidence as well as Plaintiffs summary of the ,evidentiary record. Where applicable, the Court will identify the medical evidence relevant to this decision.

II.

A. Standard of Review

The Court’s inquiry on a Social Security appeal is to determine (1) whether the ALJ’s non-disability finding is supported by substantial evidence, and (2) whether the ALJ employed the correct legal criteria. 42 U.S.C. § 405(g); Bowen v. Comm’r of Soc. Sec., 478 F.3d 742, 745-46 (6th Cir.2007). In performing this review, the Court must consider the record as a whole. Hephner v. Mathews,

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Bluebook (online)
142 F. Supp. 3d 586, 2015 U.S. Dist. LEXIS 107248, 2015 WL 4776698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnett-v-commissioner-of-social-security-ohsd-2015.