Brumbaugh v. Commissioner of Social Security

989 F. Supp. 2d 690, 2013 WL 6158002, 2013 U.S. Dist. LEXIS 167245
CourtDistrict Court, S.D. Ohio
DecidedNovember 25, 2013
DocketNo. 3:12-cv-309
StatusPublished
Cited by2 cases

This text of 989 F. Supp. 2d 690 (Brumbaugh 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
Brumbaugh v. Commissioner of Social Security, 989 F. Supp. 2d 690, 2013 WL 6158002, 2013 U.S. Dist. LEXIS 167245 (S.D. Ohio 2013).

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION

WALTER HERBERT RICE, District Judge.

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. # 15), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendation.

Accordingly, it is hereby ORDERED that:

1. The Report and Recommendation filed on November 25, 2013 (Doc. # 15) is ADOPTED in full;
2. The Commissioner’s non-disability determination is REVERSED;
3. This matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with this Report and Recommendation; and
4. This case is terminated on the docket of this Court.

REPORT AND RECOMMENDATION1 THAT: (1) THE ALJ’S NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) THIS CASE BE CLOSED

MICHAEL J. NEWMAN, United States Magistrate Judge.

This is a Social Security disability benefits appeal. At issue is whether the Administrative Law Judge (“ALJ”) erred in finding Plaintiff not “disabled” and therefore unentitled to Supplemental Security Income (“SSI”). This case is before the Court upon Plaintiffs Statement of Specific Errors (doc. 9), the Commissioner’s Memorandum in Opposition (doc. 13), Plaintiffs Reply (doc. 14), the administrative record,2 and the record as a whole.

I. BACKGROUND

A. Procedural History

Plaintiff filed for SSI on February 26, 2007, alleging a disability onset date of June 1, 2005. Tr. 27. Plaintiff claims she is disabled due to a number of impairments including degenerative disc disease of the cervical spine and Parkinson’s Disease. Tr. 29.

After initial denials of her applications, Plaintiff received a hearing before ALJ [693]*693David Redmond. Tr. 566-84. ALJ Redmond issued a written decision on May 20, 2010 finding Plaintiff not “disabled.” Tr. 27-36. Specifically, ALJ Redmond’s Findings were as follows:

1. The claimant has not engaged in substantial gainful activity since February 26, 2007, the application date (20 C.F.R. § 416.971 et seq.);
2. The claimant has the following severe impairments: degenerative disc disease of the cervical spine and Parkinson’s Disease (20 C.F.R. § 416.920(c));
3. 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 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 416.925 and 416.926);
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity [“RFC”] to perform light work as defined in 20 C.F.R. § 416.967(b) except that she is limited to lifting a maximum of 10 pounds, is limited to occasional fingering with either hand, cannot work at unprotected heights, around moving machinery, or other dangerous instrumentalities, and is limited to minimal personal contacts.[3]
5. The claimant is unable to perform any past relevant work (20 C.F.R. § 416-965);[4]
6. The claimant was born on June 25, 1963, and was 43 years old at the time of the hearing, which defines her as a younger individual, age 18-49, on the date the application was filed (20 C.F.R. § 416.963);
7. The claimant has a limited education and is able to communicate in English (20 C.F.R. § 416.964);
8. Transferability of job skills is not an issue in this case because the claimant’s past relevant work is unskilled (20 C.F.R. § 416.968);
9. 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. §§ 416.969, and 416.969(a)); and
10.The claimant has not been under a disability, as defined in the Social •Security Act, since February 26, [694]*6942007, the date the application was filed (20 C.F.R. § 416.920(g)).

Tr. 29-36 (brackets and footnote added).

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. Tr. 24-26; see Casey v. Sec’y of H.H.S., 987 F.2d 1230, 1233 (6th Cir.1993). Plaintiff then filed this timely appeal on September 18, 2012.

B. Plaintiffs Hearing Testimony

At the administrative hearing, Plaintiff testified before the ALJ that she is forty-seven years old, weighs 230 pounds, and completed the tenth grade. Tr. 569, 571. Plaintiff stated that she lives with her husband and brother-in-law. Id. She has never held a driver’s license. Tr. 570. Plaintiff stopped working in 2003 when she was laid off, and has not worked since. Tr. 571.

Plaintiff testified that she experiences pain in her legs. Tr. 577.

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Bluebook (online)
989 F. Supp. 2d 690, 2013 WL 6158002, 2013 U.S. Dist. LEXIS 167245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brumbaugh-v-commissioner-of-social-security-ohsd-2013.