Desantis v. Commissioner of Social Security

24 F. Supp. 3d 701, 2014 WL 2515309, 2014 U.S. Dist. LEXIS 76082
CourtDistrict Court, S.D. Ohio
DecidedJune 4, 2014
DocketCase No. 1:13-cv-576
StatusPublished

This text of 24 F. Supp. 3d 701 (Desantis 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
Desantis v. Commissioner of Social Security, 24 F. Supp. 3d 701, 2014 WL 2515309, 2014 U.S. Dist. LEXIS 76082 (S.D. Ohio 2014).

Opinion

ORDER THAT: (1) THE ALJ’S NON-DISABILITY FINDING IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE, AND IS REVERSED; (2) JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AWARDING BENEFITS; AND (3) THIS CASE IS CLOSED

TIMOTHY S. BLACK, District Judge.

This is a Social Security disability benefits appeal. At issue is whether the administrative law judge (the “ALJ”) erred in finding the Plaintiff “not disabled” and therefore not entitled to disability insurance benefits (“DIB”) and supplemental security income (“SSI”). (See Administrative Transcript at (“Tr.”) (Tr. 12-25) (ALJ’s decision)).

I.

On July 6, 2009, Plaintiff applied for DIB and SSI, alleging disability as of June 1, 2009. (Tr. 12, 174, 183). Plaintiff alleges disability due to schizoaffective disorder, depression, mood disorders, delusions, borderline intellectual functioning, hypertension, diabetes, and cerebral palsy. (Tr. 14).

The state agency denied Plaintiffs applications initially and upon reconsideration, [704]*704and Plaintiff timely requested a hearing. (Tr. 12, 72-75, 118-119). In September 2011, the ALJ held a hearing at which Plaintiff, represented by an attorney, and a vocational expert (“VE”) testified. (Tr. 12, 31-71). In March 2012, the ALJ. determined that Plaintiff was not entitled to benefits. (Tr. 12-25). In June 2013, the Appeals Council denied Plaintiffs request for review of the ALJ’s decision (Tr. 76-78),'and it became the Commissioner’s final and appealable decision. See 20 C.F.R. §§ 404.955, 404.981, and 416.1481. Plaintiff now seeks judicial review pursuant to section 205(g) of the Act.- 42 U.S.C. §§ 405(g), 1383(c)(3).

Plaintiff is 37 years old and has a high school education.1 (Tr. 197-206). Plaintiff was honorably discharged from the military after one month for failure to adapt to ■military standards. (Tr. 38). He has past relevant work experience as a loader/cart returner for a home improvement store.2 (Id.) Plaintiff was terminated from his last job because he was missing too many days and frequently arrived late. (Tr. 34). Plaintiff lives with his parents. (Tr. 36).

The ALJ’s “Findings,” which represent the rationale of his decision, .were as follows:

1.The claimant meets the insured status requirements of the Social Security Act through September 30, 2014.
2. The claimant has not engaged in substantial gainful activity since June 1, 2009, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: diabetes, cerebral palsy,3 mood disorder, borderline intellectual functioning, bipolar disorder, vitiligo,4 hypertension, and history of cellulitis5 (20 CFR 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 CFR 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 to perform the full range of sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a). However, he should never climb ladders, ropes or scaffolds. The claimant should avoid all exposure to hazards such as dangerous machinery and unprotected heights. He is limited to understanding, remembering, and carrying out sim-[705]*705pie tasks and performing simple tasks. The claimant should have only occasional interaction with the general-public, and should not be subject to production rate pace work.
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
7. The claimant was born on October 29, 1976 and was 32 years old, which is defined as a younger individual age 18-44, on the alleged disability. onset date (20 CFR 404.1563 and 416.963).
8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).
9. Transferability of job skills is not material to the determination of disability because applying the Medical-Vocational Rules directly supports a finding of ' “not disabled,” whether or not the claimant has transferable job skills (See SSR 82-41 and 20 C.F.R. Part 404, Sub-part P, Appendix 2).
10. Considering the claimant’s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 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 June 1, 2009 through the date of this decision (20 CFR 404.1520(g) and 416.920(g)).

(Tr. 14-25).

In sum, the ALJ concluded that Plaintiff was not under a disability as defined by the Social Security Regulations, and he was therefore not entitled to DIB or SSI. (Tr. 25).

On appeal, Plaintiff argües that: (1) the ALJ failed to properly consider the three treating physicians’ opinions and give valid reasons for not giving them controlling and/or deferential weight; (2) the ALJ erred in refusing to consider new evidence from the Bureau of Vocational Rehabilitation; (3) the ALJ erred in failing to properly consider Anne Fulton’s opinions; and (4) the ALJ erred in not finding that the Plaintiff met the listing of 12.04(A)(2) and/or 12.04(C3). The Court will address each issue in turn.

II.

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Bluebook (online)
24 F. Supp. 3d 701, 2014 WL 2515309, 2014 U.S. Dist. LEXIS 76082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desantis-v-commissioner-of-social-security-ohsd-2014.