Martin v. Colvin

207 F. Supp. 3d 782, 2016 WL 4764961, 2016 U.S. Dist. LEXIS 123961
CourtDistrict Court, S.D. Ohio
DecidedSeptember 13, 2016
DocketCase No. 3:15-cv-131
StatusPublished
Cited by3 cases

This text of 207 F. Supp. 3d 782 (Martin 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
Martin v. Colvin, 207 F. Supp. 3d 782, 2016 WL 4764961, 2016 U.S. Dist. LEXIS 123961 (S.D. Ohio 2016).

Opinion

DECISION AND ENTRY

THOMAS M. ROSE, UNITED STATES DISTRICT JUDGE

This is an action under 42 U.S.C. § 405(g) for review of the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying Plaintiff Michael Martin’s application for Disability Insurance Benefits and Supplemental Security Income. On August 2, 2016, Magistrate Judge Michael J. Newman entered a Report and Recommendation (Doc. 11), which recommended that the Court reverse the Commissioner’s non-disability finding and remand the matter to the Social Security Administration for the payment of benefits. On August 19, 2016, the Commissioner filed Objections (Doc. 12) to the Report and Recommendation. On September 2,2016, Plaintiff filed a Response (Doc. 13) to the Commissioner’s Objections. This matter is therefore ripe for the Court’s review.

As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that the. Commissioner’s Objections to the Report and Recommendation are OVERRULED. The Court ADOPTS the Report and Recommendation (Doc. 11) in its entirety. Accordingly, the Court rules as follows:

1. The Commissioner’s non-disability determination is found unsupported by substantial evidence and REVERSED;
2. This matter is REMANDED to the Commissioner under Sentence Four of 42 U.S.C, § 405(g) for an immediate award of benefits; and
3. The Clerk is ORDERED to terminate this case on the Court’s docket.

DONE and ORDERED in Dayton, Ohio, this Tuesday, September 13, 2016.

[785]*785REPORT AND RECOMMENDATION1 THAT: (1) THE ALJ’S NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR AN IMMEDIATE AWARD OF BENEFITS; AND (3) THIS CASE BE CLOSED

Michael J. Newman, United States Magistrate Judge

This is a Social Security disability benefits appeal. 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”).2 This case is before the Court upon Plaintiffs Statement of Errors (doc. 7), the Commissioner’s memorandum in opposition (doc. 10), the administrative record (doc. 6),3 and the record as a whole.

I.

A. Procedural History

Plaintiff filed for DIB and SSI alleging a disability onset date of March 31, 2011. PagelD 307-17. Plaintiff claims disability as a result of a number of alleged impairments including, inter alia, degenerative disc disease of the cervical and lumbar spine and degenerative joint disease of the right shoulder. PagelD 36.

After initial denials of his applications, Plaintiff received hearings before ALJ Joseph P. Donovan, Sr. on March 8,2013 and August 29, 2013. PagelD 58-91, 92-122. The ALJ issued a written decision on November 22, 2013 finding Plaintiff not disabled. PagelD 34-51. Specifically, the ALJ’s findings were.as follows:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2015.
2. The claimant has not engaged in substantial gainful activity since March 31, 2011, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: status post lumbar fusion surgery (in 2006), degenerative disc disease of the cervical and lumbar spine, and degenerative joint disease of the right shoulder (20 CFR 404.1520(c) and 416.920(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medieal equals the severity of 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[4] as defined in 20 CFR [786]*786404.1567(b) and 416.967(b) except that the claimant is further limited to sitting for up to six hours out of an eight-hour workday; standing for up to two hours out of an eight-hour workday; provision of an accommodation allowing the claimant to alternate between sitting and standing (a “sit/stand option”); no more than frequent use of hand/ arm controls or foot/leg controls; unlimited feeling, fingering, or handling objects; no more than frequent reaching (including overhead reaching to ear level) with the right upper extremity (unlimited reaching of all kinds with the left upper extremity); no climbing of ladders, ropes, or scaffolds; no more than occasional climbing of stairs or ramps; no more than frequent balancing; no more than occasional stooping, kneeling, crouching, crawling, or bending; and no exposure to industrial vibrations or hazards (such as unprotected heights or dangerous moving machinery).The claimant’s work must be limited to simple, repetitive unskilled tasks involving no more than frequent interactions with coworkers, supervisors, and the public, no more than frequent changes in the work setting, and affording an off-task and productivity-reduction allowance of up to two percent of the workday.
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
7. The claimant was bom [in] 1971 and was 40 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date. (20 CFR 404.1563 and 416.963).
8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).
9.

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Bluebook (online)
207 F. Supp. 3d 782, 2016 WL 4764961, 2016 U.S. Dist. LEXIS 123961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-colvin-ohsd-2016.