Smith-Marker v. Astrue

839 F. Supp. 2d 974, 2012 WL 870850, 2012 U.S. Dist. LEXIS 10641
CourtDistrict Court, S.D. Ohio
DecidedJanuary 30, 2012
DocketCase No. 3:11-cv-001
StatusPublished

This text of 839 F. Supp. 2d 974 (Smith-Marker v. Astrue) 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
Smith-Marker v. Astrue, 839 F. Supp. 2d 974, 2012 WL 870850, 2012 U.S. Dist. LEXIS 10641 (S.D. Ohio 2012).

Opinion

[976]*976ENTRY AND ORDER OVERRULING SMITH-MARKER’S OBJECTIONS (Doc. # 14) TO THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (Doc. #13) IN ITS ENTIRETY; AFFIRMING THE COMMISSIONER’S DECISION THAT SMITH-MARKER WAS NOT DISABLED; AND TERMINATING THIS CASE

THOMAS M. ROSE, District Judge.

Plaintiff Wanda Smith-Marker (“Smith-Marker”) brought this action pursuant to 42 U.S.C. § 405(g) for judicial review of the decision of the Defendant Commissioner of Social Security (the “Commissioner”) that she was not disabled and, therefore, not entitled to Social Security disability benefits. On December 22, 2011, United States Magistrate Judge Michael J. Newman (“Magistrate Judge Newman”) entered a Report and Recommendations (doc. # 13) recommending that the Commissioner’s Decision be affirmed. Smith-Marker subsequently filed Objections (doc. # 14) the Commissioner has responded to Smith-Marker’s Objections (doc. # 16). This matter is, therefore, ripe for decision.

Smith-Marker filed an application for disability insurance benefits on June 13, 2006, alleging disability due to diabetes, depression, back pain, cholesterol, irritable bowel syndrome and kidney disease. The alleged onset date was June 6, 2006.

The Commissioner denied Smith-Marker’s application initially and on reconsideration. Administrative Law Judge (“ALJ”) Amelia Lombardo held a hearing following which she determined that Smith-Marker is not disabled. The Appeals Council denied Smith-Marker’s request for review and ALJ Lombardo’s decision became the Commissioner’s final decision. Smith-Marker then appealed to this Court pursuant to 42 U.S.C. § 405(g).

After considering the Administrative Record and briefing by the Parties, Magistrate Judge\ Newman issued a Report and Recommendations recommending that the Commissioner’s decision that Smith-Marker was not disabled be affirmed. Based upon the reasoning and citations of authority set forth in the Magistrate Judge’s Report and Recommendations (doc. # 13) and in Smith-Marker’s Objections (doc. # 14) and the Commissioner’s Response (doc. # 16), as well as upon a thorough de novo review of this Court’s file, including the Administrative Transcript, and a thorough review of the applicable law, this Court adopts the aforesaid Report and Recommendations in its entirety and, in so doing, affirms the Commissioner’s decision that Smith-Marker was not disabled.

This Court’s function is to determine whether the record as a whole contains substantial evidence to support the ALJ’s decision. Bowen v. Commissioner of Social Security, 478 F.3d 742, 745-46 (6th Cir.2007). This Court must also determine whether the ALJ applied the correct legal criteria. Id.

Regarding the substantial evidence requirement, the ALJ’s findings must be affirmed if they are supported by “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)(citing Consolidated Edison Company v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)); Landsaw v. Secretary of Health and Human Services, 803 F.2d 211, 213 (6th Cir.1986). Substantial evidence is more than a mere scintilla, but only so much as would be required to prevent a directed verdict (now judgment as a matter of law) against the Commissioner if this case were being tried to a jury. Foster v. Bowen, 853 F.2d 483, 486 (6th Cir.1988); NLRB v. Columbian Enameling and Stamping Company, 306 [977]*977U.S. 292, 300, 59 S.Ct. 501, 83 L.Ed. 660 (1939).

The second judicial inquiry-reviewing the ALJ’s legal criteria-may result in reversal even if the record contains substantial evidence supporting the ALJ’s factual findings. See Bowen, 478 F.3d at 746. A reversal based on the ALJ’s legal criteria may occur, for example, when the ALJ has failed to follow the Commissioner’s “own regulations and where that error prejudices a claimant on the merits or deprives the claimant of a substantial right.” Bowen, 478 F.3d at 746(citing in part Wilson v. Commissioner of Social Security, 378 F.3d 541, 546-47 (6th Cir.2004)).

In this case, the ALJ applied the correct legal criteria and the ALJ’s decision is supported by substantial evidence. WHEREFORE, based upon the aforesaid, Smith-Marker’s Objections to the Magistrate Judge’s Report and Recommendations are OVERRULED, and this Court adopts the Report and Recommendations of the United States Magistrate Judge in its entirety. The Commissioner’s decision that Smith-Marker was not disabled is affirmed. Finally, the captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.

REPORT AND RECOMMENDATION1 THAT: (1) THE ALJ’S NON-DISABILITY FINDING BE FOUND SUPPORTED BY SUBSTANTIAL EVIDENCE, AND AFFIRMED; AND (2) THE CASE BE CLOSED

MICHAEL J. NEWMAN, United States Magistrate Judge.

This is a Social Security appeal brought pursuant to 42 U.S.C. § 405(g). At issue is whether the Administrative Law Judge (“ALJ”) erred in finding that Plaintiff Wanda Smith-Marker (“Plaintiff’) was “not disabled” and therefore unentitled to Disability Insurance Benefits (“DIB”). See doc. 7-2 at PAGEID 76.

The case is before the Court upon Plaintiffs Statement of Errors (doc. 8), the Commissioner’s Memorandum in Opposition (doc. 10), the administrative record (doc. 7), and the record as a whole.

I. BACKGROUND

A. Procedural History

Plaintiff filed her DIB application on June 13, 2006 asserting she has been under a “disability” since June 10, 2006. Doc. 7-5 at PAGEID 156. Plaintiff claims she is disabled due to “diabetes, depression, back pain, cholesterol, irritable bowel syndrome, [and] kidney disease.” Doc. 7-6 at PAGEID 198.

Following initial administrative denials of Plaintiffs application, Plaintiff received a hearing before ALJ Amelia Lombardo. Doc. 7-2 at PAGEID 77-119. At the hearing, the ALJ heard testimony from Plaintiff and vocational expert Brian Womer. Id. On September 9, 2009, the ALJ issued a written decision, concluding that Plaintiff was not under a disability at any time from June 10, 2006, the alleged onset date, through of the date of her decision, and therefore, was ineligible to receive DIB. Id. at PAGEID 76.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Thomas v. Arn
474 U.S. 140 (Supreme Court, 1986)
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)
Cruse v. Commissioner of Social Security
502 F.3d 532 (Sixth Circuit, 2007)
White v. Commissioner of Social Security
572 F.3d 272 (Sixth Circuit, 2009)
Loy v. Secretary of Health & Human Services
901 F.2d 1306 (Sixth Circuit, 1990)

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Bluebook (online)
839 F. Supp. 2d 974, 2012 WL 870850, 2012 U.S. Dist. LEXIS 10641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-marker-v-astrue-ohsd-2012.