Farthing v. Commissioner of Social Security

107 F. Supp. 3d 839, 2015 U.S. Dist. LEXIS 60695, 2015 WL 2169621
CourtDistrict Court, S.D. Ohio
DecidedMay 8, 2015
DocketCase No. 1:14-cv-501
StatusPublished

This text of 107 F. Supp. 3d 839 (Farthing 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
Farthing v. Commissioner of Social Security, 107 F. Supp. 3d 839, 2015 U.S. Dist. LEXIS 60695, 2015 WL 2169621 (S.D. Ohio 2015).

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 (“ALJ”) erred in finding the Plaintiff “not disabled” and therefore not entitled to supplemental security income (“SSI”). (See Administrative Transcript (“Tr.”) (Tr. 14-23) (ALJ’s decision)).

I.

On May 26, 2011, Plaintiff filed an application for SSI. (Tr. 192). Plaintiff alleged disability beginning on April 1, 2001, due to depression and mood swings. (Tr. 14, 79).1 The Social Security Administration denied Plaintiffs claim initially and upon reconsideration. (Tr. 95, 98). Plaintiff then timely requested a hearing before an ALJ. (Tr. 101). The ALJ conducted a hearing on January 9, 2013 at which Plaintiff appeared and testified and vocational expert Laura Whitten testified by telephone. (Tr. 3, 18). The ALJ issued a decision unfavorable to Plaintiff on January 14, 2013. (Tr. 11). Plaintiff filed a request for review with the Social Security Administration Appeals Council on March 15, 2013. (Tr. 10). On April 18, 2014, the Appeals Council denied further review. (Tr. 1). Plaintiff now seeks judicial review pursuant to Section 205(g) of the Act. 42 U.S.C. §§ 405(g), 1383(c)(3).

At the time of the hearing, Plaintiff was 43 years old with a seventh grade education. (Tr. 22). Plaintiffs past relevant work experience includes work as an ink cleaner and carpet cleaner, but the ALJ did not consider these jobs because Plaintiff had not worked either job in the past 15 years.2 (Tr. 22, 49).

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

1. The claimant has not engaged in substantial gainful activity since May 26, 2011, the application date (20 C.F.R. § 416.971 et seq.).
2. The claimant has the following severe impairments: depression and alcohol dependence (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 [843]*843listed impairments in 20 C.F.R: Part 404, Subpart P, Appendix 1 (20 C.F.R. § 416.920(d), 416.925, 416.926). .
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform a full range of work. at all exertional levels but with the following nonexertional limitations: she is limited to understanding, remembering, and carrying out instructions related to simple tasks, using judgment limited to simple work-related decisions. She can occasionally interact with coworkers, supervisors, and the public. She is limited to occasional work in environments with humidity or wetness atmosphere conditions, extreme cold, heat, and weather, as well as dusts, fumes, chemicals, and gases.
5. The claimant is unable to perform any past relevant work (20 C.F.R. § 416.965).
6. The claimant was bóm on September 21, 1969 and was 41 years old, which is defined 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 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 the claimant has transferable job skills {See SSR 82-41 and 20 C.F.R. Part 404, Subpart P, Appendix 2).
9. 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 C.F.R. §§ 416.969 and 416.969(a)).
10. The claimant has not been under a disability, as defined1 in the Social •Security Act, since May 26, 2011, the date the application was filed , (20 C.F.R. §. 416.920(g)).

(Tr. 16-23).-

In sum, the ALJ concluded that Plaintiff was not under a disability as defined by the Social Security Regulations, and was therefore not entitled to SSL (Tr. 23).

On appeal, Plaintiff argues that the ALJ erred by: (1) failing to give proper weight to Dr. Ramirez as the treating physician; and (2) not properly supporting the credibility assessment. The Court will address each error in turn.

II.

The Court’s inquiry on appeal is to determine whether the ALJ’s non-disability finding is supported by substantial evidence. 42 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). In performing this review, the Court considers the record as a whole. Hephner v. Mathews, 574 F.2d 359, 362 (6th Cir.1978). If substantial evidence supports the ALJ’s denial of benefits, that finding must be affirmed, even if substantial evidence also exists in the record upon which the ALJ could have found plaintiff disabled. As . the Sixth Circuit has explained:

“The Commissioner’s findings are not subject to reversal merely because sub[844]*844stantial evidence exists in the record to support a different conclusion. The substantial evidence standard presupposes that there is a “zone of choice” within which the Commissioner may proceed without interference from the courts. If the Commissioner’s decision is supported by substantial evidence, a reviewing court must affirm.”

Felisky v. Bowen, 35 F.3d 1027, 1035 (6th Cir.1994).

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107 F. Supp. 3d 839, 2015 U.S. Dist. LEXIS 60695, 2015 WL 2169621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farthing-v-commissioner-of-social-security-ohsd-2015.