Carter v. Commissioner of Social Security

137 F. Supp. 3d 998, 2015 WL 791473, 2015 U.S. Dist. LEXIS 22138
CourtDistrict Court, S.D. Ohio
DecidedFebruary 24, 2015
DocketCase No. 3:13-CV-296
StatusPublished
Cited by12 cases

This text of 137 F. Supp. 3d 998 (Carter 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
Carter v. Commissioner of Social Security, 137 F. Supp. 3d 998, 2015 WL 791473, 2015 U.S. Dist. LEXIS 22138 (S.D. Ohio 2015).

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 January 28, 2015 (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 further proceedings; 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 Disability Insurance Benefits (“DIB”) and/or Supplemental Security Income (“SSI”).2 This case is before the C.ourt upon Plaintiffs Statement of Specific Errors (doc. 11), the Commissioner’s memorandum in opposition (doc. 13), Plaintiffs reply (doc. 14), the administrative record (doc. 8),3 and the record as a whole.

I.

A. Procedural History

, Plaintiff filed for DIB and SSI on September 23, 2009 alleging a disability onset [1002]*1002date of August 15, 2003. PagelD 271-80. Plaintiff claims disability as a result of a number of alleged impairments including, inter alia, joint disease, chronic obstructive pulmonary disease, bipolar disorder, seizure disorder, and blood clots. PagelD 52, 329.

After initial denials of her applications, Plaintiff received hearings before ALJ Thomas R. McNichols II on January 4, 2012 and May 30, 2012. PagelD 56. The ALJ issued a written' decision' on June 7, 2012 finding Plaintiff not disabled. Pa-gelD 56-73. Specifically, the ALJ’s findings wére as follows:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2005, but not thereafter;
2. The claimant has not engaged in substantial gainful activity since August 15, 2003, 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: degenerative joint disease; intermittent rapid heartbeat; history of bilateral lower extremity deep vein thrombosis [“DVT”], with post-thrombotic syndrome of the left lower extremity in 2012; history of chronic obstructive pulmonary disease (COPD); bipolar disorder; and anxiety disorder (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 the severity of one of the listed impairments in 20 CFR 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. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity [“RFC”]4 to perform light work as defined in 20 C.F.R. §§ 404.1567(b)[5] and 416.967(b) except for the following limitations: no climbing of ladders, ropes, or scaffolds; no use of foot controls on the left; no exposure to hazards or concentrated amounts of irritants; no commercial driving; simple, 1-or 2-step tasks (requiring little, if any, concentration); low stress jobs (defined as no production quotas and no over-the-shoulder supervision); no direct dealing with the general public; limited contact with coworkers and supervisors; and no teamwork.
6. The claimant is unable to perform any past relevant work (20 C.F.R. §§ 404.1565 and 416.965).
[1003]*10037. The claimant was born [in] 1962, and was 40 years old, which is defined as a “younger individual age 18-49,” on the alleged disability onset date (20 CNR. §§ 404.1563 and 416.963).
8. Claimant has at least a high school education 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 Medi-. cal-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 her 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, 416.969(a)).
11. The claimant has not been under a disability, as defined in the Social Security Act, from August 15, 2003, through the date of this decision (20 C.F.R. §§ 404.1520(g) and 416.920(g)).

PagelD 58-72.

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. PageID 41-43.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
137 F. Supp. 3d 998, 2015 WL 791473, 2015 U.S. Dist. LEXIS 22138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-commissioner-of-social-security-ohsd-2015.