Evans v. Commissioner of Social Security

142 F. Supp. 3d 566, 2015 U.S. Dist. LEXIS 108914, 2015 WL 4592449
District Court, S.D. Ohio·Decided August 18, 2015·No. Case No. 3:14-cv-207·Published·Cited by 2 cases

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 13)

THOMAS M. ROSE, UNITED STATES DISTRICT JUDGE

The Court has reviewed the Report and Recommendation, of United States Magistrate Judge Michael J. Newman (Doe. #13), 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 July 29, 2015 (Doc. #13) is ADOPTED in full;
[570]*5702. 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 Court upon Plaintiffs Statement of Errors (doc. 8), the Commissioner’s memorandum in opposition (doc. 11), Plaintiffs reply (doc. 12), the administrative record (doc. 6),3 and the record as a whole.

I.

A. Procedural History

Plaintiff filed for DIB and SSI in August 2010 alleging a disability onset date of April 30, 1997. PagelD 254-66. Plaintiff claims disability as a result of a number of alleged impairments including, inter alia, an affective disorder. PagelD 107-08.

After initial denials of his applications, Plaintiff received a hearing before ALJ Christopher L. Dillon. PagelD 121-42. The ALJ issued a written decision on March 13, 2013 finding Plaintiff not disabled. PagelD 78-92. Specifically, the ALJ’s findings were as follows:

1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2003.
2. The claimant has not engaged in substantial gainful activity since April 30, 1997, the alleged disability onset date (20 CFR 404.1571 et seq. and 416.971 et seq.).
3. The claimant has the following severe impairment: an affective disorder (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. I find that the claimant retains the functional capacity for work that in[571]*571volves lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds; pushing or pulling similar amounts; sitting, standing, and walking for 6 hours each; no foot pedal operation with the left lower extremity; no more than occasional interaction with the public; no more than simple, routine, repetitive tasks.
6. The claimant has no past relevant work (20 CFR 404.1565 and ‘416.965).
7. The claimant was bom [in] 1959 and was 37 years old, which is defined as a younger individual age' 18-49, on " the alleged disability onset date. The claimant subsequently changed age category to closely approaching advanced age (20 CFR 404.1563 and 416.963).
8. The claimant has 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 an issue because the claimant does not have past relevant work (20 CFR 404.1568 and 416.964).
10.' Considering the claimant’s age, education, work experience, and residual functional capacity [“RFC”], 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 hot been under a disability, as defined in the Social . Security' Act, from April 30, 1997, through the date of this decision (20 CFR 404.1520(g) and 416.920(g)).

PagelD 107-13.

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decisión of the Commissioner. PagelD 73-75. 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

The ALJ set forth a detailed recitation of the underlying medical evidence in this case. PagelD 107-12. Plaintiff, in his Statement of Errors, summarizes the relevant medical evidence. Doc. 8 at PagelD 509-11. The Commissioner’s memorandum in- opposition defers to.the ALJ’s recitation of evidence. Doc. 11 at PagelD 534.

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Evans v. Commissioner of Social Security, 142 F. Supp. 3d 566, 2015 U.S. Dist. LEXIS 108914, 2015 WL 4592449 (S.D. Ohio 2015).

142 F. Supp. 3d 566 (Evans v. Commissioner of Social Security) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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