Prater v. Commissioner of Social Security

235 F. Supp. 3d 876, 2017 WL 588496, 2017 U.S. Dist. LEXIS 20773
CourtDistrict Court, N.D. Ohio
DecidedFebruary 14, 2017
DocketCase No. 3:16 CV 140
StatusPublished
Cited by7 cases

This text of 235 F. Supp. 3d 876 (Prater 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
Prater v. Commissioner of Social Security, 235 F. Supp. 3d 876, 2017 WL 588496, 2017 U.S. Dist. LEXIS 20773 (N.D. Ohio 2017).

Opinion

MEMORANDUM OPINION . AND ORDER

JACK ZOUHARY, UNITED STATES DISTRICT JUDGE

The Commissioner of Social Security denied Plaintiff James Prater’s application for supplemental security income (“SSI”). Prater timely filed a Complaint seeking judicial review of that decision (Doc. 1). This Court has jurisdiction under 42 U.S.C. § 405(g).

This case was referred to Magistrate Judge James Knepp for a Report and Recommendation (“R & R”) under Local Rule 72.2(b)(2). Following briefing (Docs, 11,13, 14,15), the Magistrate Judge recommends this Court affirm the final decision of the Commissioner denying Prater’s claim for SSI and deny Prater’s request for remand under sentence six of 42 U.S.C. § 405(g) (Doc. 16).

This matter is now before this Court on Prater’s Objection to the R & R (Doc. 18) and the Commissioner’s Response (Doc. 19). This Court held oral argument on February 8, 2017 and took the matter under advisement (Doc. 21). This Court has reviewed de novo, the Magistrate’ Judge’s findings in accordance with Hill v. Duriron Co., 656 F,2d 1208 (6th Cir. 1981) and 28 U.S.C. § 636(b)(1)(B) & (C). For .the reasons below, this Court remands this case for further proceedings under sentence six of 42 U.S.C. § 405(g).

Background

The R & R accurately recites the relevant factual and. procedural background, which this Court adopts (Doc. 16 at 1-9). Briefly, Prater was twenty-nine years old at the time of the hearing. He has a twelfth grade education and no past relevant work experience (Tr. 48, 61-63). He claims SSI on the basis of degenerative disc disease, obesity, attention deficit-hyperactivity disorder, major depressive disorder, and social phobia (Tr. 41). This proceeding is limited to review of the denial of benefits based on his physical impairments (Doc.13).

Standard op Review

In reviewing a denial of SSI, this Court “must affirm the Commissioner’s conclusions absent a determination that the Commissioner has failed to apply the correct legal standards or has made findings of fact unsupported by substantial evidence in the record.” Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 528 (6th Cir. 1997) (citing 42 U.S.C. § 405(g)). “Substantial evidence is more than a scin tilla of evidence but less than a preponderance and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Besaw v. Sec’y of Health & Human Servs., 966 F.2d 1028, 1030 (6th Cir. 1992) .(citation omitted). The Commissioner’s findings “as to. any fact if supported by substantial evidence shall be conclusive.” McClanahan v. Comm’r of Soc. Sec., 474 F.3d 830, 833 (6th Cir. 2006) (quoting 42 U.S.C. § 405(g)). Even if substantial evidence, or indeed a preponderance of the evidence, supports.a claimant’s position, .this Court cannot overturn the [880]*880Commissioner’s decision “so long as substantial evidence also supports the conclusion reached by the ALJ.” Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 477 (6th Cir. 2003) (citation omitted).

Alternatively, sentence six of 42 U.S.C. § 405(g) permits this Court to remand the case for further administrative proceedings without ruling on the merits. In conducting a sentence six remand, this Court does not affirm, reverse, or modify the Commissioner’s decision. Melkonyan v. Sullivan, 501 U.S. 89, 98, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991), Further, this Court retains jurisdiction while the matter is re manded; thus, a sentence six remand is not a final judgment that can be appealed. See id. To obtain a remand under sentence six, a claimant must show (1) the evidence at issue is both “new” and “material,” and (2) there is “good cause for the failure to incorporate such evidence into the record in a prior proceeding.” 42 U.S.C. § 405(g); Cline v. Comm’r of Soc. Sec., 96 F.3d 146, 148 (6th Cir. 1996). The party seeking remand bears the burden of showing these two requirements are met. Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986).

Discussion

Prater seeks a sentence six remand to allow the ALJ to consider the report of Dr. Richard Ward, who performed a consultative examination (“CE”) of Prater in August 2014, two months after the decision denying benefits. During the May 2014 hearing, Prater asked the ALJ to order a physical consultative exam (Tr. 90-91), as the record included no written evaluation from a physician who examined Prater following his 2012 back surgery. The ALJ denied the request in his June 2014 decision based on his determination that “[w]hile such an examination might produce some information that could be material to the claim, the claimant has by no means demonstrated that a consultative examination is necessary to complete an evaluation of the claim of disability in this case” (Tr. 38) (emphasis in original). Following that decision, Prater himself obtained the CE and submitted Dr. Ward’s report in support of his administrative appeal (Tr. 8-14). The Appeals Council considered the CE but determined the August 2014 report did “not affect the decision about whether [Prater] was disabled beginning on or before June 20, 2014” (Tr. 2).

New and Material Evidence

Evidence is “new” if it was “not in existence or available to the claimant at the time of the administrative proceeding.” Sullivan v. Finkelstein, 496 U.S. 617, 626, 110 S.Ct. 2658, 110 L.Ed.2d 563 (1990). The Commissioner contends the Ward report was “available” at the time of the decision denying benefits because if Prater believed a CE was necessary to prove his disability, he could have obtained one independently and submitted the results for consideration. This argument is more properly construed as contesting the “good cause” requirement, which this Court discusses in more depth below. Dr. Ward’s August 2014 report clearly was not in existence at the time of the June 2014 decision. Thus, it is new evidence.

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235 F. Supp. 3d 876, 2017 WL 588496, 2017 U.S. Dist. LEXIS 20773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prater-v-commissioner-of-social-security-ohnd-2017.