Ford v. Commissioner of Social Security

143 F. Supp. 3d 714, 2015 U.S. Dist. LEXIS 130321, 2015 WL 5675807
CourtDistrict Court, S.D. Ohio
DecidedSeptember 28, 2015
DocketCase No. 3:14-cv-105
StatusPublished
Cited by2 cases

This text of 143 F. Supp. 3d 714 (Ford 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
Ford v. Commissioner of Social Security, 143 F. Supp. 3d 714, 2015 U.S. Dist. LEXIS 130321, 2015 WL 5675807 (S.D. Ohio 2015).

Opinion

DECISION AND ENTRY: (1) AFFIRMING THE ALJ’S NON-DISABILITY FINDING AS SUPPORTED BY SUBSTANTIAL EVIDENCE; AND (2) TERMINATING THIS CASE ON THE DOCKET

Michael J. Newman, United States Magistrate Judge

This Social Security disability benefits appeal is presently before the undersigned for disposition based upon the parties’ consent. Doc. 5. 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”).1 This case is before the Court upon pro se Plaintiffs Statement of Errors (doc. 10), the Commissioner’s memorandum in opposition (doc. 18), Plaintiffs reply (doc. 19), the administrative record (doc. 7),2 and the record as a whole. Given her pro se status, Plaintiffs filings and arguments are liberally construed in her favor. Cecil v. Comm’r of Soc. Sec., No. 3:13-CV-265, 2014 WL 7176203, at *1 (S.D.Ohio Sept. 16, 2014) (citation omitted).

I.

A. Procedural History

Plaintiff filed for DIB and SSI in April 2010 alleging a disability onset date of July 18, 2008. PagelD 270-80. Plaintiff claims she is disabled due to chemical sensitivity, high blood pressure and diabetes. PagelD 308.

After initial denials of her applications, Plaintiff received a hearing before ALJ Shirley Moscow Michaelson on April 10, 2012, where Plaintiff appeared pro se.3 Pa-[718]*718gelD 92-146. On September 19, 2012, the ALJ issued a written decision finding Plaintiff not disabled. PagelD 68-86. Specifically, the ALJ’s findings were as follows:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2014.
2. The claimant has not engaged in substantial gainful activity since July 18, 2008, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: history of chemical sensitivity, chemical conjunctivitis, chronic follicular conjunctivitis, and chronic allergic conjunctivitis (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 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, I find that the claimant has the residual functional capacity [“RFC”] to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b),4 but is limited to working indoors, in a well-ventilated environment without concentrated exposure to chemicals.
6. The claimant is capable of performing her past relevant work as a scheduler, outpatient admitting clerk, and appointment clerk. This work does not require the performance of work-related activities precluded by the claimant’s assessed [RFC] (20 CFR 404.1565 and 416.965).
7.The claimant has not been under a disability, as defined in the Social Security Act, from July 18, 2008, through the date of this decision (20 CFR 404.1520(1) and 416.920(1)).

PagelD 73-86.

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s nondisability finding the final administrative decision of the Commissioner. PageID 61-63. See Casey v. Sec’y of Health & Human Servs., 987 F.2d 1230, 1233 (6th Cir.1993). Plaintiff, proceeding pro se, 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

In her decision, the ALJ set forth a detailed recitation of the underlying medical evidence in this case. PagelD 73-86. Plaintiff, in her Statement of Errors, discusses the medical evidence of record, but argues that most, if not all, of her medical records were “falsified” by her medical providers in an effort “to cover up the severity of [her] injuries from [t]oxic [c]hemical [exposures.” Doc. 10 at PagelD 1453-57. Except as otherwise noted in this Decision and Entry, the undersigned incorporates the ALJ recitation of the evidence and addresses Plaintiffs allegations [719]*719of falsified records where necessary and relevant to this decision.

II.

A. Standard of Review

The Court’s inquiry on a Social Security appeal is to determine (1) whether the ALJ’s non-disability finding is supported by substantial evidence, and (2) whether the ALJ employed the correct legal criteria. 42 U.S.C. § 405(g); Bowen v. Comm’r of Soc. Sec., 478 F.3d 742, 745-46 (6th Cir.2007). In performing this review, the Court must consider the record as a whole. Hephner v. Mathews, 574 F.2d 359, 362 (6th Cir.1978).

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). When 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. Id. Buxton v. Halter, 246 F.3d 762, 772 (6th Cir.2001). Thus, the ALJ has a “‘zone of choice’ within which he [or she] can act without the fear of court interference.” Id. at 773 (brackets added).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
143 F. Supp. 3d 714, 2015 U.S. Dist. LEXIS 130321, 2015 WL 5675807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-commissioner-of-social-security-ohsd-2015.