Marks v. Colvin

201 F. Supp. 3d 870, 2016 WL 4411427, 2016 U.S. Dist. LEXIS 110936
CourtDistrict Court, S.D. Ohio
DecidedAugust 19, 2016
DocketCase No. 3:15-cv-339
StatusPublished
Cited by28 cases

This text of 201 F. Supp. 3d 870 (Marks v. Colvin) 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
Marks v. Colvin, 201 F. Supp. 3d 870, 2016 WL 4411427, 2016 U.S. Dist. LEXIS 110936 (S.D. Ohio 2016).

Opinion

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 12) IN THEIR ENTIRETY: PLAINTIFF’S OBJECTIONS TO SAID JUDICIAL FILING (DOC. #13) ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT CAROLYN W. COL-VIN, ACTING COMMISSIONER OF SOCIAL SECURITY, REVERSING COMMISSIONER’S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING CAPTIONED CAUSE TO THE COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATIONS: TERMINATION ENTRY

WALTER H. RICE, JUDGE '

Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to review a deci[874]*874sion of the Defendant Carolyn W. Colvin, Acting Commissioner of Social Security (“Commissioner”), denying Plaintiffs application for Social Security disability benefits. On July 11, 2016, Magistrate Judge Michael J. Newman filed a Report and Recommendations, Doc. # 12, recommending that the Commissioner’s decision that Plaintiff was not disabled and, therefore, not entitled to benefits under the Social Security Act (“Act”), 42 U.S.C. § 301 et seq., be reversed as not supported by substantial evidence, and that the above-captioned cause be remanded, pursuant to the fourth sentence of 42 U.S.C. § 405(g). Based upon reasoning and citations of authority set forth in the Magistrate Judge’s Report and Recommendations, Doc. # 12, as well as upon a thorough de novo review of this Court’s file, including the Administrative Transcript, Doc. #6, and a thorough review of the applicable law, this Court adopts the aforesaid Report and Recommendations in their entirety. The Plaintiffs Objections to said judicial filing, Doc. #13, are overruled. In so doing, the Court orders the entry of judgment in favor of Plaintiff and against the Commissioner. The decision of the Defendant Commissioner that Plaintiff was not disabled and, therefore, not entitled to benefits under the Act is reversed, and the captioned cause is remanded to the Defendant Commissioner, pursuant to the fourth sentence of 42 U.S.C. § 405(g), for proceedings consistent with the Report and Recommendations.

In reviewing the Commissioner s decision, the Magistrate Judge’s task is to determine if that decision is supported by “substantial evidence.” 42 U.S.C. § 405(g). Under 28 U.S.C. § 636(b)(1)(C), this Court, upon objections being made to the Magistrate Judge’s Report and Recommendations, is required to make a de novo review of those recommendations of the report to which objection is made. This de novo review, in turn, requires this Court to re-examine all the relevant evidence, previously reviewed by the Magistrate Judge, to determine whether the findings “are supported by substantial evidence.” Valley v. Comm’r of Soc. Sec., 427 F.3d 388, 390 (6th Cir. 2005). This Court’s sole function is to determine whether the record as a whole contains substantial evidence to support the Commissioner’s decision. The Commissioner’s findings must be affirmed if they are supported by “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) (quoting Consol. Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). “Substantial evidence means more than a mere scintilla, but only so much as would be required to prevent a directed verdict.”1 Foster v. Bowen, 853 F.2d 483, 486 (6th Cir, 1988). To be substantial, the evidence “must do more than create a suspicion of the existence of the fact to be established.... [I]t must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.” LeMaster v. Sec’y of Health & Human Servs., 802 F.2d 839, 840 (6th Cir. 1986) (quoting N.L.R.B. v. Columbian Enameling and Stamping Co., 306 U.S. 292, 300, 59 S.Ct. 501, 83 L.Ed. 660 (1939)).

In determining “whether there is substantial evidence in the record ... we review the evidence in the record taken as a whole.” Wilcox v. Sullivan, 917 F.2d 272, 276-77 (6th Cir. 1990) (citing Allen v. Califano, 613 F.2d 139, 145 (6th Cir. 1980)). However, the Court “may not try the case de novo[;] nor resolve conflicts in evidence[;] nor decide questions of credibility.” Jordan v. Comm’r of Soc. Sec., 548 [875]*875F.3d 417, 422 (6th Cir. 2008) (quoting Garner v. Heckler, 745 F.2d 383, 387 (6th Cir. 1984)). “The findings of the Commissioner are not subject to reversal merely because there exists in the record substantial evidence to support a different conclusion.” Buxton v. Halter, 246 F.3d 762, 772 (6th Cir. 2001). Rather, if the Commissioner’s decision “is supported by substantial evidence, then we must affirm the [Commissioner’s] decision[,] even though as triers of fact we might have arrived at a different result.” Elkins v. Sec’y of Health and Human Servs., 658 F.2d 437, 439 (6th Cir. 1981) (citing Moore v. Califano, 633 F.2d 727, 729 (6th Cir. 1980)).

In addition to the foregoing, in ruling as aforesaid, this Court makes the following, non-exclusive, observations:

1. The decisions of the Administrative Law Judge (“ALJ”) to assign great weight to the opinions of two agency consulting physicians, Drs. Gary Hinzman and Diane Manos, and to assign little weight to the opinion of Plaintiffs treating physician, Dr. Rajindra Bhat, Doc. # 6, PAGEID # 71-72, were not supported by substantial evidence.

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201 F. Supp. 3d 870, 2016 WL 4411427, 2016 U.S. Dist. LEXIS 110936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-colvin-ohsd-2016.