Kent v. Commissioner of Social Security

142 F. Supp. 3d 643, 2015 U.S. Dist. LEXIS 131495, 2015 WL 5693642
CourtDistrict Court, S.D. Ohio
DecidedSeptember 29, 2015
DocketCase No.: 3:14-cv-285
StatusPublished
Cited by13 cases

This text of 142 F. Supp. 3d 643 (Kent 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
Kent v. Commissioner of Social Security, 142 F. Supp. 3d 643, 2015 U.S. Dist. LEXIS 131495, 2015 WL 5693642 (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 Plaintiffs .Statement of Errors (doc. 9), the Commissioner’s memorandum in opposition (doc., 10), Plaintiffs reply (doc. 11), the administrative record (doc. 8),2 and the record as a whole.

I.

A. Procedural History

Plaintiff filed for DIB and SSI alleging a disability onset date -of April 1, 2007. Pa-gelD 215-27. Plaintiff claims disability as a result of a number of impairments including, inter alia, mild mental retardation (“MMR”) and an anxiety disorder.. PagelD 64.

After initial denial of his applications, Plaintiff received a hearing before ALJ Curt Marceille on October 5, 2012. PagelD 82-109. The ALJ issued a written decision thereafter finding Plaintiff not disabled. [646]*646PagelD 62-74. Specifically, the ALJ’s findings were as follows:

1. The claimant meets the insured status requirements of the Social Security Act through June 30, 2010.
2. The claimant did not engage in substantial gainful activity after April 1, 2007, the alleged onset date. 20 C.F.R. 404.1571 et ser/.; 20 C.F.R. 416.971 et seq.
3. The claimant exhibits the signs and symptoms of [MMR] and an unspecified anxiety disorder. These “severe” impairments continue to cause móre than a minimal limitation in the claimant’s' ability to perform' a full range of basic mental work activities. 20 C.F.R. '404.1520(c); 20 C.F.R. 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 C.F.R. Part 404, Subpart P, Appendix 1. 20 C.F.R. 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 retains the residual functional capacity [“RFC”] to perform work at all exertion levels. He retains the mental capacity to understand, remember, and carry out simple, routine, repetitive instructions on a sustained basis. Owing to his subjective feelings of anxiety, the claimant should not be required to interact with the public or to work in tandem with coworkers. He should not be required to work in large groups. He would work best in a “static” work setting with few changes and no fast pace[d] production demands. He is able to engage in occasional decisionmaking.
6. The claimant has no past relevant work. 20 C.F.R. 404.1565; 416.965.
7. The claimant was born [in] 1982 and was 24 years old (a younger individual age 18-49) on the alleged disability onset date. 20 C.F.R. 404.1563 and 416.963.
8. The claimant has at least a high school education and is able to communicate in English. 20 C.F.R. 404.1564 and 416.964.
9. Transferability of job skills is. not an issue because the claimant does not have past relevant work. 20 C.F.R. 404.1568; 20 C.F.R. 416.968.
10. Considering the claimant’s age, education, work experience, and [RFC], there are jobs that exist in significant numbers in.the national economy that the claimant can perform. 20 C.F.R. 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 April 1, 2007, through the date of this decision. 20 C.F.R. 404.1520(g); 20 C.F.R. 416.920(g).

PagelD 64-73 (internal citations omitted).

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. PagelD 50-52. 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

In his decision, the ALJ set forth a detailed recitation of the underlying medical evidence in this case. PagelD 63-72. Plaintiff, in his Statement of Errors, sets forth ■ á detailed summary of the record [647]*647evidence. Doc. 9 at PagelD 433-40. The Commissioner, in response, defers to the ALJ’s recitation of the relevant evidence and Plaintiff s statement of facts. Doc. 10 at PagelD 453. 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,

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Bluebook (online)
142 F. Supp. 3d 643, 2015 U.S. Dist. LEXIS 131495, 2015 WL 5693642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kent-v-commissioner-of-social-security-ohsd-2015.