McNier v. Commissioner of Social Security

166 F. Supp. 3d 904, 2016 WL 743444, 2016 U.S. Dist. LEXIS 22042
CourtDistrict Court, S.D. Ohio
DecidedFebruary 23, 2016
DocketCase No. 3:14-cv-380
StatusPublished
Cited by2 cases

This text of 166 F. Supp. 3d 904 (McNier 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
McNier v. Commissioner of Social Security, 166 F. Supp. 3d 904, 2016 WL 743444, 2016 U.S. Dist. LEXIS 22042 (S.D. Ohio 2016).

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 14)

WALTER H. RICE, UNITED STATES DISTRICT JUDGE

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. # 14), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendation.

Accordingly, it is hereby ORDERED that:

1. The Report and Recommendation filed on February 3, 2016 (Doc. # 14) is ADOPTED in full;
2. The Commissioner’s non-disability determination is AFFIRMED; and
3. This case is TERMINATED on the docket of this Court.

REPORT AND RECOMMENDATION1 THAT: (1) THE ALJ’S NON-DISABILITY FINDING BE FOUND SUPPORTED BY SUBSTANTIAL EVIDENCE, AND AFFIRMED; (2) PRO SE PLAINTIFF’S REQUEST FOR A SENTENCE SIX REMAND BE DENIED; 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 [908]*908Administrative Law Judge (“ALJ”) erred in finding Plaintiff not “disabled” and therefore unentitled to Disability Insurance Benefits (“DIB”). This case is before the Court upon pro se Plaintiffs Statement of Errors (doc. 10), the Commissioner’s memorandum in opposition (doc. 13), the administrative record (doc. 6),2 and the record as a whole. Because Plaintiff is proceeding pro se, her filings and arguments are liberally construed in her favor. Franklin v. Rose, 765 F.2d 82, 84-85 (6th Cir.1985) (citations omitted).

I.

A. Procedural History

Plaintiff filed for DIB on January 4, 2011 alleging a disability onset date of October 1, 2005. PagelD 350-52. Plaintiff claims disability as a result of a number of impairments including, inter alia, a cervical spine disorder, an affective disorder, and an anxiety-related disorder. PagelD 70.

After initial denials of her application, Plaintiff received a hearing before ALJ Christopher L. Dillon on June 4, 2013, where Plaintiff appeared with counsel. Pa-gelD 198-222. The ALJ subsequently issued a written decision finding Plaintiff not “disabled.” PagelD 182-90. Specifically, the ALJ’s findings were as follows:

1. The claimant last met the insured status requirements of the Social Security Act on December 31, 2009;
2. The claimant has not engaged in substantial gainful activity during the period from her alleged onset date of October 1, 2005 through her date last insured of December 31, 2009 (20 CFR 404.1571, et seq);
3. Through the date last insured, the claimant had the following impairments that are severe in combination: cervical spine disorder, right carpal tunnel syndrome (CTS), obesity, affective disorder, anxiety-related disorder (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 the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526);
5. Prior to the date last insured, the claimant retained the [residual] functional capacity [“RFC”] for work that involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds; pushing or pulling similar amounts; standing, walking, and sitting for 6 hours each; no climbing of ropesAadders/scaffolding; no more than occasional ability to perform all other postural activity;- no more than frequent reaching but no reaching above shoulder level; no more than frequent handling and fingering with the dominant right upper extremity; no exposure to hazards, such as moving machinery and unprotected heights; no operation of a motor vehicle; no more than occasional interaction with supervisors, coworkers, and the public; no more than simple, routine, repetitive tasks performed with adequate persistence that only requires regularly scheduled breaks but with a pace and stress tolerance that allows for no production quotas.
6. Through the date last insured, the claimant was unable to perform any [909]*909past relevant work (20 CFR 404.1565);
7. The claimant was born [in] 1963 and was 46 years old, which is defined as a younger individual age 18-49, on the date last insured (20 CFR 404.1563).
8. The claimant has a high school education and is able to communicate in English (20 CFR 404.1564).
9. Transferability of job skills is not an issue in this case because the claimant’s past relevant work is unskilled (20 CFR 404.1568).
10. Through the date last insured, considering the claimant’s age, education, work experience, and [RFC], there were jobs that existed in significant numbers in the national economy that the claimant could have performed (20 CFR 404.1569 and 404.1569(a)).
11. The claimant was not under a disability, as defined in the Social Security Act, at any time from October 1, 2005, the alleged onset date, through December 31, 2009, the date last insured (20 CFR 404.1520(g)).

PagelD 184-90 (numbering of findings altered for clarity).

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. PagelD 165-67. See Casey v. Sec’y of Health & Human Servs., 987 F.2d 1230, 1233 (6th Cir.1993). Plaintiff, proceeding pro se, then filed this timely appeal. Cook v. Comm’r of Soc. Sec.,

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Bluebook (online)
166 F. Supp. 3d 904, 2016 WL 743444, 2016 U.S. Dist. LEXIS 22042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnier-v-commissioner-of-social-security-ohsd-2016.