Richard D. v. Commissioner of the Social Security Administration

District Court, S.D. Ohio·Decided June 23, 2026·No. 3:25-cv-00216·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

RICHARD D.,1 : Case No. 3:25-cv-00216 : Plaintiff, : : vs. : : District Judge Thomas M. Rose COMMISSIONER OF THE SOCIAL : Magistrate Judge Peter B. Silvain, Jr. SECURITY ADMINISTRATION, : : Defendant. :

REPORT AND RECOMMENDATIONS2

Plaintiff Richard D. brings this case challenging the Social Security Administration’s denial of his application for a period of disability and Disability Insurance Benefits. The case is before the Court upon Plaintiff’s Statement of Errors (Doc. #8), the Commissioner’s Memorandum in Opposition (Doc. #10), Plaintiff’s Reply (Doc. #11), and the administrative record. (Doc. #7). I. Background The Social Security Administration provides Disability Insurance Benefits to individuals who are under a “disability,” among other eligibility requirements. Bowen v. City of New York, 476 U.S. 467, 470 (1986); see 42 U.S.C. §§ 423(a)(1), 1382(a). The term “disability” encompasses “any medically determinable physical or mental impairment” that precludes an applicant from

1 The Committee on Court Administration and Case Management of the Judicial Conference of the United States has recommended that, due to significant privacy concerns in social security cases, federal courts should refer to plaintiffs only by their first names and last initials. See also S.D. Ohio General Rule 22-01. 2 Attached is a NOTICE to the parties regarding objections to this Report and Recommendations. 1 performing “substantial gainful activity.” 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A); see Bowen, 476 U.S. at 469-70. Plaintiff applied for benefits on May 28, 2022, alleging disability commencing October 1, 2021, due to several impairments, including fibromyalgia with pain in arms and legs, suicidal thoughts, hypersomnia, sleep apnea, abdominal pain, depression, anxiety, bipolar, colitis, gout,

migraine, arthritis, neuropathy, ADHD, carpal tunnel, hypertension, asthma, and chronic fatigue. (Doc. #7-6, PageID #286). After Plaintiff’s application was denied initially and upon reconsideration, he requested and received a hearing before Administrative Law Judge (ALJ) Stuart Adkins on February 14, 2024. Thereafter, the ALJ issued a written decision, addressing each of the five sequential steps set forth in the Social Security Regulations. See 20 C.F.R. § 404.1420. He reached the following main conclusions: Step 1: Plaintiff has not engaged in substantial gainful activity since October 1, 2021, the alleged onset date.

Step 2: He has the following severe impairments: lumbar and cervical degenerative disc disease, fibromyalgia, gout, carpal tunnel syndrome, osteoarthritis, migraines, narcolepsy, obstructive sleep apnea, hypertension, irritable bowel syndrome, gastroesophageal reflux disease (GERD), kidney stones, obesity, bipolar disorder, anxiety, attention deficit hyperactivity disorder (ADHD), and depression.

Step 3: He does not have an impairment or combination of impairments that meets or medically equals the severity of one in the Commissioner’s Listing of Impairments, 20 C.F.R. Part 404, Subpart P, Appendix 1.

Step 4: His residual functional capacity, or the most he can do, despite his impairments, see Howard v. Comm’r of Soc. Sec., 276 F.3d 235, 239 (6th Cir. 2002), consists of “light work as defined in 20 CFR 404.1567(b) with lifting and/or carrying twenty pounds occasionally and ten pounds frequently. He is limited to standing and/or walking 2 for about four hours per eight-hour workday, and he is able to sit for about six hours in an eight-hour workday. He is limited to no climbing of ladders, ropes, or scaffolds with frequent balancing and occasional stooping, kneeling, crouching, crawling, and climbing of ramps and stairs. He is able to frequently handle and finger bilaterally. He should avoid unprotected heights and dangerous machinery. He is able to perform tasks that are not at a production- rate pace and without strict performance quotas. He is able to tolerate occasional changes to a routine work setting defined as one to two per week with those changes explained in advance.”

Plaintiff is capable of performing past relevant work as a customer service representative as actually and generally performed, a night auditor as generally performed, a human resources assistant as generally performed, and a controller assistant as actually and generally performed.

(Doc. #7-2, PageID #s 45-66). Based on these findings, the ALJ concluded that Plaintiff has not been under a disability, as defined in the Social Security Act since October 1, 2021. Id. at 66. The evidence of record is adequately summarized in the ALJ’s decision (Doc. #7-2, PageID #s 43-66), Plaintiff’s Statement of Errors (Doc. #8), the Commissioner’s Memorandum in Opposition (Doc. #10), Plaintiff’s Reply (Doc. #11). To the extent that additional facts are relevant, they will be summarized in the discussion section below. II. Standard of Review Judicial review of an ALJ’s decision is limited to whether the ALJ’s findings are supported by substantial evidence and whether the ALJ applied the correct legal standards. Blakley v. Comm’r of Soc. Sec., 581 F.3d 399, 406 (6th Cir. 2009) (citing Key v. Callahan, 109 F.3d 270, 273 (6th Cir. 1997)); see Bowen v. Comm’r of Soc. Sec., 478 F.3d 742, 745-46 (6th Cir. 2007). Substantial evidence is such “relevant evidence that a reasonable mind might accept as adequate to support a conclusion.” Gentry v. Comm’r of Soc. Sec., 741 F.3d 708, 722 (6th Cir. 2014) (citing Rogers v. 3 Comm’r of Soc. Sec., 486 F.3d 234, 241 (6th Cir.2007)). It is “less than a preponderance but more than a scintilla.” Id. The second judicial inquiry—reviewing the correctness of the ALJ’s legal analysis—may result in reversal even if the ALJ’s decision is supported by substantial evidence in the record. Rabbers v. Comm’r of Soc. Sec., 582 F.3d 647, 651 (6th Cir. 2009). Under this review, “a decision

Free access — add to your briefcase to read the full text and ask questions with AI

Richard D. v. Commissioner of the Social Security Administration, (S.D. Ohio 2026).

Richard D. v. Commissioner of the Social Security Administration (Richard D. v. Commissioner of the Social Security Administration) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Thomas v. Arn
474 U.S. 140 (Supreme Court, 1986)
Bowen v. City of New York
476 U.S. 467 (Supreme Court, 1986)
Jimmie L. Howard v. Commissioner of Social Security
276 F.3d 235 (Sixth Circuit, 2002)
Robert M. Wilson v. Commissioner of Social Security
378 F.3d 541 (Sixth Circuit, 2004)
David Bowen v. Commissioner of Social Security
478 F.3d 742 (Sixth Circuit, 2007)
Debra Rogers v. Commissioner of Social Security
486 F.3d 234 (Sixth Circuit, 2007)
Blakley v. Commissioner of Social Security
581 F.3d 399 (Sixth Circuit, 2009)
Swain v. Commissioner of Social Security
297 F. Supp. 2d 986 (N.D. Ohio, 2003)
Fleischer v. Astrue
774 F. Supp. 2d 875 (N.D. Ohio, 2011)
Gentry v. Commissioner of Social Security
741 F.3d 708 (Sixth Circuit, 2014)
Terri Kalmbach v. Commissioner of Social Security
409 F. App'x 852 (Sixth Circuit, 2011)
Sorrell v. Commissioner of Social Security
656 F. App'x 162 (Sixth Circuit, 2016)