Nicole M. Oslavic v. Commissioner of Social Security

CourtDistrict Court, N.D. Ohio
DecidedMarch 19, 2026
Docket4:25-cv-00039
StatusUnknown

This text of Nicole M. Oslavic v. Commissioner of Social Security (Nicole M. Oslavic v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nicole M. Oslavic v. Commissioner of Social Security, (N.D. Ohio 2026).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

NICOLE M. OSLAVIC, ) CASE NO. 4:25-cv-00039 ) Plaintiff, ) JUDGE BRIDGET MEEHAN BRENNAN ) v. ) ) COMMISSIONER OF SOCIAL ) MEMORANDUM OPINION SECURITY, ) AND ORDER ) Defendant. )

Before the Court is Magistrate Judge Darrell A. Clay’s Report and Recommendation (“R&R”) recommending the Commissioner of Social Security’s decision be affirmed. (Doc. 13.) Plaintiff Nicole M. Oslavic (“Oslavic”) timely filed an objection (Doc. 14), and Defendant Commissioner of Social Security (“Commissioner”) responded. (Doc. 15.) For the reasons stated herein, Oslavic’s objection is OVERRULED, the R&R is ACCEPTED and ADOPTED, and the Commissioner’s final decision is AFFIRMED. I. BACKGROUND A. Oslavic’s Medical History Oslavic does not object to the factual record and procedural history in the R&R. (See Doc. 14.)1 Notwithstanding, the Court summarizes the facts pertinent to her objection. On September 14, 2018, Oslavic underwent an exam prior to a medical appointment. (Doc. 7 at 404.) She claimed her back pain began 15 years ago, starting as “bulging discs and has progressed to . . . 3 known herniations.” (Id.) She also stated visits to a chiropractor would

1 For ease and consistency, briefing citations reflect the electronically stamped CM/ECF document and PageID# rather than any internal pagination. alleviate the pain, and the exam noted a normal posture, gait, no musculoskeletal tenderness, and full motion in the cervical spine. (Id. at 404, 407.) On February 7, 2020, Oslavic visited Community Medical Associates complaining of knee pain. (Id. at 394.) No swelling or instability was noted, and an x-ray noted no fractures, dislocations, or joint effusions. (Id. at 396, 428.) The soft tissue of her knee was noted as

unremarkable. (Id.) On February 24, 2022, Oslavic visited her primary care physician to address sinus pain. (Id. at 385.) She denied any back pain, tingling, or numbness. (Id. at 387.) On May 10, 2022, she again complained of back pain. (Id. at 366.) She also complained of left ankle pain and a popping sensation in both her left ankle and wrists. (Id.) At a follow up on June 16, 2022, Oslavic stated she continued to have back pain and pain in her hips, knees, and legs. (Id. at 362.) The exam noted her spine was normal to inspection and she experienced some paraspinal muscle tenderness, tenderness of the bilateral greater trochanteric bursa, and bilateral knee crepitus. (Id. at 364.)

On June 23, 2022, Oslavic began physical therapy. (Id. at 472.) At her intake, she complained of worsening back pain and pain at her tailbone if she sat for long periods of time. (Id.) This pain prevented her from sitting for more than one hour, standing more than 10 minutes, and was manageable without pain medication. (Id. at 475.) Oslavic also received physical therapy for hip and knee pain. (Id. at 456.) On September 7, 2022, Oslavic had attended 17 physical therapy sessions and reported that she could “walk comfortably for about 20-30 min[utes] but is unable to walk for more than 1 hour.” (Id. at 531.) She could also lift up to 15 pounds comfortably. (Id.) Additional physical therapy sessions were scheduled. (Id.) On November 8, 2022, Oslavic noted limited mobility and pain in her back, legs, hips, and knees. (Id. at 551.) While an exam showed limited spinal motion, she also had a normal gait and range of motion. (Id.) On December 14, 2022, Oslavic underwent a consultative examination which revealed no tenderness of the cervical spine and tenderness in the dorsolumbar spine. (Id. at 541.) An x-ray

revealed no fracture or dislocation of the left hip and no “fracture or destructive process” in the lumbar spine. (Id. at 548.) The x-ray did reveal some narrowing of the L5-S1 intervertebral discs. (Id.) The exam noted her “ability to perform work-related activities such as bending, stooping, lifting, walking, crawling, stairs, grasping, squatting, carrying, and traveling is at least moderately impaired based on the above diagnoses.” (Id. at 542.) On April 26, 2023, Oslavic had pain in her right leg and lower abdomen. (Id. at 556.) She denied any joint swelling or limited range of motion and the exam noted limited spinal motion with a normal gait. (Id. at 558, 560.) On July 19, 2023, Oslavic complained of pain in her right knee, right ankle, right elbow,

and back. (Id. at 563.) An MRI showed her meniscus was “within normal limits without evidence of meniscal tear” and there was trace joint fluid and a small Baker’s cyst. (Id. at 571.) On September 7, 2023, Oslavic was examined for foot pain. (Id. at 573.) The exam noted right knee tenderness and limited spinal motion. (Id. at 577.) On October 12, 2023, Oslavic was examined for back pain. (Id. at 581.) The exam noted she had pain when doing straight leg raises on her right side. (Id.) “She has pain with both flexion and extension.” (Id.) An x-ray revealed no fractures or dislocations, degenerative changes at L5-S1, and “[n]o malignment or abnormal change positioning on various projections.” (Id. at 585.) A lumbar spine MRI showed “[m]ild lower lumbar spondylosis with a disc bulge and left facet hypertrophy L5-S1 resulting in mild left foraminal narrowing.” (Id. at 586.) B. State Agency Review On February 2, 2023, a state agency medical consultant found Oslavic’s “[a]llegations of

[a] limitation to only stand or walk for 20 min at a time exceeds objective findings on imaging and at physical exams and is not consistent with [the] level of treatment claimant is receiving.” (Id. at 94-95.) In addition, the report found Oslavic could frequently climb ramps and stairs, and occasionally stoop, kneel, crouch, and crawl. (Id. at 96.) On April 12, 2023, a separate state agency medical consultant determined Oslavic’s allegations of limitations for standing and walking exceeded objective findings from her imaging and physical exams. (Id. at 123.) Their report also found she could frequently climb ramps and stairs, occasionally climb ladders, ropes, and scaffolds, and occasionally stoop, kneel, crouch, and crawl. (Id. at 123-24.)

C. Applications for Disability Insurance Benefits and Supplemental Security Income On July 7, 2022, Oslavic applied for disability insurance benefits (“DIB”) and supplemental security income (“SSI”). (Id. at 42.) For both her DIB and SSI applications, Oslavic alleged a disability onset date of September 30, 2018. (Id.) She alleged disability based on a herniated disc, bone spurs, and degenerative disc disease. (Id. at 91.) On February 2, 2023, both claims were denied. (Id. at 42.) Reconsideration was denied on April 12, 2023. (Id.) On May 12, 2023, Oslavic submitted a written request for a hearing. (Id.) On November 28, 2023, a telephonic hearing before an Administrative Law Judge (“ALJ”) took place. (Id.) Oslavic was represented by counsel and Thomas Nimberger, a Vocational Expert, was also present. (Id.) Oslavic testified her knees prevent her from using the stairs, that driving for a period greater than 20 minutes became painful, and she was able to shop for groceries, cook, shower, and dress herself. (Id. at 64-65.) She also testified she took ibuprofen to relieve her pain, physical therapy provided her minimal relief, and she used a therapeutic electrical stimulator to relieve her back pain. (Id. at 72-73.)

On December 15, 2023, the ALJ issued a written decision finding Oslavic was not entitled to DIB or SSI. (Id. at 42-50.) The ALJ made the following findings of fact: 1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2024.

2. The claimant has not engaged in substantial gainful activity since September 30, 2018, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).

3.

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Nicole M. Oslavic v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicole-m-oslavic-v-commissioner-of-social-security-ohnd-2026.