Smiley v. Commissioner of Social Security

940 F. Supp. 2d 592, 2013 WL 427369, 2013 U.S. Dist. LEXIS 14829
CourtDistrict Court, S.D. Ohio
DecidedFebruary 4, 2013
DocketCase No. 3:11-cv-413
StatusPublished
Cited by16 cases

This text of 940 F. Supp. 2d 592 (Smiley 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
Smiley v. Commissioner of Social Security, 940 F. Supp. 2d 592, 2013 WL 427369, 2013 U.S. Dist. LEXIS 14829 (S.D. Ohio 2013).

Opinion

DECISION AND ENTRY

THOMAS M. ROSE, 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 January 11, 2013 is ADOPTED in full;
2. The Commissioner’s non-disability finding is vacated;
3. No finding is made as to whether Plaintiff Pamela Smiley is under a “disability” within the meaning of the Social Security Act;
4. This case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendation, and this Decision and Entry; and
5. The case is terminated on the docket of this Court.

[595]*595REPORT AND RECOMMENDATION1 THAT: (1) THE ALJ’S NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) THE CASE BE CLOSED

MICHAEL J. NEWMAN, United States Magistrate Judge.

This is a Social Security disability benefits appeal brought pursuant to 42 U.S.C. § 405(g) and § 1383(c). At issue is whether the Administrative Law Judge (“ALJ”) erred in finding Plaintiff Pamela Smiley (“Plaintiff’) not “disabled” within the meaning of the Social Security Act and therefore unentitled to Disability Insurance Benefits (“DIB”) and/or Supplemental Security Income (“SSI”).

This case is before the Court upon Plaintiffs Statement of Specific Errors (doc. 8), the Commissioner’s Memorandum in Opposition (doc. 12), Plaintiffs Reply (doc. 13), the administrative record (doc. 6),2 and the record as a whole.

I.BACKGROUND

A. Procedural History

Plaintiff filed applications for DIB and SSI in February 2008, asserting that she has been under a “disability” since February 1, 2007. PageID 221-32. Plaintiff claims she is disabled due to diabetic neuropathy, insulin resistance, Graves’ disease, depression, and bladder problems. PageID 221, 225, 263.

Following initial administrative denials of her application, an administrative hearing was conducted before ALJ Amelia Lombardo on March 3, 2011. PageID 87-119. On June 9, 2011, ALJ Lombardo issued a written decision, concluding that Plaintiffs impairments did not constitute a “disability” within the meaning of the Social Security Act. PageID 64-76.

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

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2009.
2. The claimant has not engaged in substantial gainful activity since February 1, 2007, the alleged onset date (20 CFR §§ 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: (1) fibromyalgia (20 CFR §§ 404.1520(c) and 416.920(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).
5. After careful consideration of the entire record, the [ALJ] finds that the claimant has the residual functional capacity [“RFC”] to perform the full range of medium work as defined in 20 CFR §§ 404.1567(c) and 416.967(c).
6. The claimant is capable of performing past relevant work as a purchas[596]*596ing agent, home health aide, telephone order clerk, photography sales representative, and musician. This work does not require the performance of work-related activities precluded by the claimant’s [RFC] (20 CFR §§ 404.1565 and 416.965).
7. The claimant has not been under a disability, as defined in the Social Security Act, from February 1, 2007, through the date of this decision (20 CFR §§ 404.1520(f) and 416.920(f)).

PageID 66-76.

Thereafter, the Appeals Council denied Plaintiff’s request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. PageID 56-58; see also Casey v. Sec’y of Health & Human Servs., 987 F.2d 1230, 1233 (6th Cir.1993). Plaintiff then filed this timely appeal on November 23, 2011. Doc. 2.

B. Plaintiffs Hearing Testimony

At the administrative hearing, Plaintiff testified that she is 5’6" tall, and weighs 140 pounds. PageID 90. She had previously weighed 280 pounds, but lost 140 pounds as a result of gastric bypass surgery in June 2009. Id.

Plaintiff testified that she had a very active lifestyle prior to developing severe fibromyalgia. PageID 96. At one time, she was a street musician in New Orleans, and had a job managing a $7 million budget as a purchasing agent for a Mardi Gras company. PageID 94-95. However, she now experiences pain all over her body, is severely depressed, and has difficulty maintaining concentration. PageID 96. She described the onset of fibromyalgia as if she "ran into a brick wall." Id. In addition to the pain, Plaintiff testified that her "mind just goes into a fog," and even though she’s an educated person, "there are days [she] can’t put a good sentence together." PageID 96-97.

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940 F. Supp. 2d 592, 2013 WL 427369, 2013 U.S. Dist. LEXIS 14829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smiley-v-commissioner-of-social-security-ohsd-2013.