Jones v. Commissioner of Social Security

142 F. Supp. 3d 608, 2015 U.S. Dist. LEXIS 126845, 2015 WL 5561382
CourtDistrict Court, S.D. Ohio
DecidedSeptember 22, 2015
DocketCase No.: 3:14-cv-161
StatusPublished
Cited by1 cases

This text of 142 F. Supp. 3d 608 (Jones 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
Jones v. Commissioner of Social Security, 142 F. Supp. 3d 608, 2015 U.S. Dist. LEXIS 126845, 2015 WL 5561382 (S.D. Ohio 2015).

Opinion

DECISION AND ENTRY: (1) REVERSING THE ALJ’S NON-DISABILITY FINDING AS UNSUPPORTED BY SUBSTANTIAL EVIDENCE; (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) TERMINATING THIS CASE ON THE COURT’S 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”). This case is before the Court upon Plaintiffs Statement of Errors (doc. 12), the Commissioner’s memorandum in opposition (doc. 13), Plaintiffs reply (doc, 15), the administrative record (docs. 7-8),1 and the record as a whole.

I.

A. Procedural History

Plaintiff filed for DIB on March 14, 2011 alleging a disability onset date of August 26, 2008. PagelD 48. Plaintiff claims dis[613]*613ability as a result of a. number of impairments including, inter alia, degenerative disc disease. PagelD 51.

After initial denial of his application, Plaintiff received a hearing before -ALJ Kim S. Nagle on October 10, 2012. PagelD 68. The ALJ issued a written decision thereafter finding Plaintiff .not disabled at Step Four of the sequential benefits analysis. See infra (explaining Step Fourt); see also PageID 48-62. Specifically, the ALJ’s findings were as follows:

1. The claimant meets the insured status requirements of the Social Security Act through March 81, 2Q09.
2. The claimant did not engage in substantial gainful activity during, the period from his alleged onset date of August 26, 2008 through his date last insured of March 31, 2009 (20 CFR 404.1571 et seq.). ...
3. Through the date last insured,; the claimant had the following severe-Impairments: degenerative disc disease, history of lumbar.fusion (2007), and history of cervical discectomy and fusion (2005 and 2008) ..(20 CFR 404.1520(c)).
4. Through the date last insured, the claimant did not have an impairment or combination of impairments that met or medically .equaled one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526).
5. After careful consideration of the entire record, I find[ ] that, through the date of last insured, the claimant had the • residual functional capacity [“RFC”] to perform a range of medium work as defined in 20 CFR 404.1567(c) [2], except the claimant can lift up to 20 pounds frequently and 50 pounds occasionally. He can never climb ladders, ropes, or scaffolds. The claimant can only occasionally balance, stoop, kneel, crouch, and climb ramps or stairs. The claimant can tolerate no more than frequent exposure to workplace hazards, such as like dangerous, moving machinery and unprotected heights.
6. Through the - daté last insured, the claimant was capable of performing past relevant work as a production worker and material handler. This work did not require the performance of work related activities precluded by the. claimant’s [RFC] (20 CFR 404.1565)..
7, The claimant has not been under a disability, as defined in the Social Security Act, at any time from August 26, 2008, the alleged onset date, through March 31, 2009, the date last insured (20 CFR 404.1520(f)).

PagelD 51-61. .

Thereafter, the'Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability'finding the final administrative decision' of the Commissioner. PageID 35-37. Plaintiff then filed this timely appeal. Cook v. Comm’r of Soc. Sec., 480 F.3d 432, 435 (6th Cir.2007) (rioting 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”).

[614]*614B. Evidence of Record

In her decision, the ALJ set forth a detailed recitation of the underlying medical evidence in this case. PagelD 51-60. Plaintiff, in his Statement of Errors, sets forth a summary of the record evidence. Doc. 12 at PagelD 1223-31. The Commissioner presents no specific objection to Plaintiffs summary. Doc. 13 at PagelD 1241-42. Accordingly, except as otherwise noted in this Decision and Entry, the undersigned incorporates Plaintiffs summary and the ALJ’s .recitation of the evidence.

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. 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.

The second judicial inquiry — reviewing the correctness of the ALJ’s legal analysis — may result in reversal even if the ALJ’s decision is supported by substantial evidence in the record. Rabbers v. Comm’r of Soc. Sec.,

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Bluebook (online)
142 F. Supp. 3d 608, 2015 U.S. Dist. LEXIS 126845, 2015 WL 5561382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-commissioner-of-social-security-ohsd-2015.