Mukes v. Commissioner of Social Security

946 F. Supp. 2d 737, 2013 WL 2179325, 2013 U.S. Dist. LEXIS 71009
CourtDistrict Court, S.D. Ohio
DecidedMay 20, 2013
DocketCase No. 3:12-cv-00137
StatusPublished
Cited by9 cases

This text of 946 F. Supp. 2d 737 (Mukes 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
Mukes v. Commissioner of Social Security, 946 F. Supp. 2d 737, 2013 WL 2179325, 2013 U.S. Dist. LEXIS 71009 (S.D. Ohio 2013).

Opinion

ORDER THAT: (1) THE ALJ’S NON-DISABILITY FINDING IS FOUND NOT SUPPORTED BY SUBSTANTIAL EVIDENCE, AND IS REVERSED; AND (2) JUDGMENT SHALL BE ENTERED IN FAVOR OF PLAINTIFF AWARDING BENEFITS

TIMOTHY S. BLACK, District Judge.

This is a Social Security disability benefits appeal. At issue is whether the administrative law judge (“ALJ”) erred in finding the Plaintiff “not disabled” and therefore unentitled to disability insurance benefits (“DIB”). (See Administrative Transcript (“Page ID”) (Page ID 43-61) (ALJ’s decision)).

I.

In February 2009, Plaintiff applied for DIB alleging disability as of January 5, 2004. (Page ID 51, 103-4, 181-84). Plaintiff alleged disability due to right-sided numbness and weakness, reportedly due to a cerebrovascular accident1 sometime in her childhood. (Page ID 53). The state agency denied Plaintiffs application initially and upon reconsideration, and Plaintiff timely requested a hearing. (Page ID 106-9, 113-15, 120-21). In May 2011, the ALJ held a hearing at which Plaintiff amended her alleged onset date of disability to December 19, 2008. (Page ID 72-101). In September 2011, the ALJ found that Plaintiff was not entitled to DIB during the relevant time (ie., from December 19, 2008 through September 2, 2011). (Page ID 51-61). In March 2012, the Appeals Council upheld the ALJ’s decision and rendered it the Commissioner’s final and appealable decision. 20 C.F.R. §§ 404.955 and 404.981. See also (Page ID 43-46).

[739]*739Plaintiff was 28 years old on the alleged disability date and is considered to be a “younger person” for Social Security purposes. 20 C.F.R. §§ 404.1563(c) and 416.963(c). (Page ID 60) She is a high school graduate. (Page ID 77). Plaintiffs prior relevant employment included working as a teller at a credit union and working as an assistant manager for an apartment complex. (Page ID 77-78, 89). She stopped working as a teller on December 20, 2008, and the ALJ found that she could not return to her past work. (Page ID 60, 79).

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

1. The Plaintiff meets the insured status requirements of the Social Security Act through June 30, 2012. (Page ID 53).
2. The Plaintiff has not engaged in substantial gainful activity since December 20, 2008, the amended alleged disability onset date. 20 C.F.R. § 404.1571 et seq. (Page ID 53).
3. The Plaintiff has the following severe impairments: residuals of possible remote cerebrovascular accident; right-sided hemiplegia with cavovarus foot; and obesity. 20 C.F.R. § 404.1520(c). (Page ID 53-55).
4. The Plaintiff 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, and 404.1526. (Page ID 55-56).
5. The Plaintiff has the residual functional capacity (“RFC”) to perform sedentary work as defined in 20 C.F.R. § 404.1567(a) except that she can frequently perform fingering and handling with the right (non-dominant) hand. (Page ID 56-60).
6. The Plaintiff is unable to perform any past relevant work. 20 C.F.R. § 404.1565. (Page ID 60).
7. The Plaintiff was born on March 31, 1975 and was 28 years old, which is defined as a younger individual age 18-44, on the alleged disability onset date. 20 C.F.R. § 404.1563. (Page ID 60).
8. The Plaintiff has at least a high school education and is able to communicate in English. 20 C.F.R. § 404.1564. (Page ID 60).
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 Plaintiff is “not disabled,” whether or not the Plaintiff has transferable job skills. 20 C.F.R. § 404(P)(2). (Page ID 60).
10. Considering the Plaintiffs age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the Plaintiff can perform. 20 C.F.R. §§ 404.1569 and 404.1569(a). (Page ID 60-61).
11. The Plaintiff has not been under a disability, as defined in the Social Security Act, from January 5, 2004, through the date of this decision. (Page ID 61).

In sum, the ALJ concluded that Plaintiff was not under a disability as defined by the Social Security Regulations (“SSR”) and was therefore not entitled to DIB. (Page ID 55).

[740]*740On appeal, Plaintiff argues that: (1) the ALJ’s finding that Plaintiff suffers from no severe mental impairments is erroneous and unsupported; (2) the assigned residual functional capacity lacks substantial evidentiary support; (3) the ALJ erred in substituting her own opinions for the assessments of medical professionals; (4) the ALJ failed to properly weigh the opinions of the state agency consulting physical and psychological consultants; (5) the ALJ failed to adequately articulate reasons for finding that Plaintiffs impairments do not meet listing 11.04; (6) the Appeals Council erred in failing to review the ALJ’s decision or articulate reasons for declining review; and (7) the ALJ’s decision is not supported by substantial evidence and the Commissioner’s position is not substantially justified. (Page ID 697).

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.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

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946 F. Supp. 2d 737, 2013 WL 2179325, 2013 U.S. Dist. LEXIS 71009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mukes-v-commissioner-of-social-security-ohsd-2013.