Lorman v. Commissioner of Social Security

107 F. Supp. 3d 829, 2015 U.S. Dist. LEXIS 60692, 2015 WL 2169655
CourtDistrict Court, S.D. Ohio
DecidedMay 8, 2015
DocketCase No. 1:14-cv-701
StatusPublished
Cited by7 cases

This text of 107 F. Supp. 3d 829 (Lorman 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
Lorman v. Commissioner of Social Security, 107 F. Supp. 3d 829, 2015 U.S. Dist. LEXIS 60692, 2015 WL 2169655 (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 ad[832]*832ministrative law judge (“ALJ”) erred in finding the Plaintiff “not disabled” and therefore unentitled to supplemental security income (“SSI”) and Disability Insurance Benefits (“DIB”). (See Administrative Transcript at Doc. 4 (“Tr.”) (Tr. 14-23) (ALJ’s decision)).

I.

Plaintiff filed for SSI and DIB on November 10, 2011, alleging that she had become disabled on December 1, 2010. (Tr. 197-203, 204-09, 247-48). Plaintiff alleges disability due to depression, anxiety, personality disorder, asthma, fibromyalgia, hypertension, and low back pain. (Tr. 22). After a hearing, an ALJ issued a decision on June 7, 2013, denying Plaintiffs applications. (Tr. 16-23, 41-79). The Appeals Council denied Plaintiffs request for review on August 7, 2014. (Tr. 1-3). Plaintiff has exhausted her administrative remedies, so this case is ripe for review pursuant to 42 U.S.C. Sections 405(g) and 1382(c)(3).

Plaintiff was 49 years old on the date of the hearing. (Tr. 16, 197, 204, 247). Plaintiff completed high school and has relevant work experience1 as a cashier, workout attendant, dry cleaning clerk, and bag inspector. (Tr. 46, 68).2

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

1. The claimant meets the insured status requirements of the Social Security Act through June 30, 2015.
2. The claimant has not engaged in substantial gainful activity since December 1, 2010, the alleged onset date. (20 C.F.R. §§ 404.1571 el seq., and 416.971 et seq.).
3. The claimant has the following severe combination of impairments: depression; anxiety; personality disorder; asthma; fibromyalgia; hypertension; and low back strain/ pain syndrome. (20 C.F.R. §§ 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 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, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 C.F.R. §§ 404.1567(b) and 416.967(b) except she can occasionally climb ramps and stairs, but never ladders, ropes, or scaffolding; she can occasionally balance, stoop, kneel, crouch, and crawl; she must avoid all exposure to unprotected heights; she should avoid concentrated exposure to environmental irritants such as fumes, odors, dusts, and gases; she is limited to performing simple, routine, repetitive tasks; she should avoid working with the public, but she can interact with the public up to approximately 15% of the workday, but no transactional interaction, such as sales or negotiations; she [833]*833can have only occasional interaction with coworkers and supervisors; she is limited to no constant production rate pace work, but she can perform goal-oriented work; and she is limited to jobs where changes in the work setting occur no more than 10% of the workday.
6. The claimant is unable to perform any past relevant work. (20 C.F.R. §§ 404.1565 and 416.965).
7. The claimant was born on October 27, 1963 and was 47 years old, which is defined as 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 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).
10. 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. §§ 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 December 1, 2010, through the date of this decision. (20 C.F.R. §§ 404.1520(g) and 416.920(g)).

(Tr. 21-34).

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 SSI or DIB. (Tr. 34).

On appeal, Plaintiff alleges that the ALJ erred because: (1) she disregarded the work limitations placed upon Plaintiff by therapist Perry McCool; (2) her rationale for disagreeing with the work limits described by the treating therapist are contradicted by her own factual findings; (3) her finding that Plaintiff was not credible is not supported by the record; and (4) she erroneously referenced Plaintiffs ability to do minor, life-sustaining activities as proof that she can do full-time work. The Court will address each argument 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.”

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107 F. Supp. 3d 829, 2015 U.S. Dist. LEXIS 60692, 2015 WL 2169655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorman-v-commissioner-of-social-security-ohsd-2015.