Vorhis-Deaton v. Commissioner of Social Security

34 F. Supp. 3d 809, 2014 WL 3666451, 2014 U.S. Dist. LEXIS 99424
CourtDistrict Court, S.D. Ohio
DecidedJuly 22, 2014
DocketCase No. 3:13-cv-266
StatusPublished
Cited by1 cases

This text of 34 F. Supp. 3d 809 (Vorhis-Deaton 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
Vorhis-Deaton v. Commissioner of Social Security, 34 F. Supp. 3d 809, 2014 WL 3666451, 2014 U.S. Dist. LEXIS 99424 (S.D. Ohio 2014).

Opinion

ORDER THAT: (1) THE ALJ’S NON-DISABILITY FINDING IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE, AND IS REVERSED; (2) JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AWARDING BENEFITS; AND (3) THIS CASE IS CLOSED

TIMOTHY S. BLACK, District Judge.

This is a Social Security disability benefits appeal. At issue is whether the administrative law judge (the “ALJ”) erred in finding Plaintiff “not disabled” from August 25, 2005 through January 23, 2012, and therefore not entitled to supplemental security income (“SSI”). (See Administrative Transcript at (“Tr.”) (Tr. 207-424) (ALJ’s decision)).

I.

Plaintiff filed an application for SSI on August 25, 2005, alleging disability beginning that same day. (Tr. 61). Plaintiff alleges disability due to borderline intellectual functioning, bipolar disorder, PTSD, and ADHD. (Tr. 409). Plaintiffs application was denied initially and on reconsideration. (Tr. 35, 39). Plaintiff timely requested a hearing, which was held before an ALJ on July 15, 2008. (Tr. 42, 353-94). The ALJ denied benefits in a decision dated September 17, 2008, finding that Plaintiff could perform other work. (Tr. 14-27). The Appeals Council denied review in a decision dated April 1,. 2009, making the ALJ’s decision the final decision of the Commissioner. (Tr. 5-8). Plaintiff commenced this action for judicial review of the Commissioner’s final decision.

The Magistrate Judge (Merz) issued a Report and Recommendation on April 5, 2010, recommending that the “Commissioner’s decision that Plaintiff is not disabled and therefore not entitled to benefits under the Act be affirmed.” (Tr. 435). He found that Plaintiff did not “satisfy the diagnostic description in the introductory paragraph of Listing 12.05” and that the evidence in the record did not show that Plaintiffs impairments resulted in “deficits in adaptive functioning as required for a diagnosis of mental retardation.” (Tr. 434-435). The Magistrate Judge specifically relied on the fact that Plaintiff cared [812]*812for and raised her two sons, did household chores, drove, and, in the past, worked as a janitor. (Tr. 435).

The District Judge (Rice) rejected the Report and Recommendation, vacated the Commissioner’s finding of non-disability, made no finding of fact as to whether or not Plaintiff was disabled, and remanded the case back to the Commissioner for further administrative proceedings. (Tr. 445). The District Judge determined that the ALJ “failed to consider the full extent of Plaintiffs deficits in adaptive functioning, together with her low IQ scores, in combination with her other severe impairments found by the Administrative Law Judge, to wit: asthma, bipolar, a history of attention deficit hyperactivity disorder, and post-traumatic stress disorder.” (Tr. 448). The ALJ was ordered to reevaluate Plaintiffs deficits in adaptive functioning, review the entirety of her testimony, fiave a new administrative hearing, and refer Plaintiff “to a proper mental health professional who can opine on these issues.” (Tr. 449-450).

The ALJ conducted a second hearing on June 8, 2012. (Tr. 755). Dr. Mary Buban testified as a medical expert. (Id.) The ALJ issued a partially favorable decision on June 25, 2012, in which he found that Plaintiff was disabled as of January 24, 2012, but not prior to that date. (Tr.’ 423-424).1 The Appeals Council denied review, making the ALJ’s decision the final decision of the Commissioner. (Tr. 395-397). Plaintiff commenced this action pursuant to 42 U.S.C. Section 405(g) and Section 1383 for judicial review of the Commissioner’s final decision.

Plaintiff is 35 years old. (Tr. 26). Plaintiff completed eighth grade.2 (Tr. 26, 77). Plaintiff does not have any relevant work experience.3 (Tr. 26).

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

1. The claimant has not engaged in substantial gainful activity since the alleged disability onset date (20 CFR 416.971 et seq.).
2. Since the alleged onset date of disability, August 25, 2005, the claimant has had the following severe impairments: asthma, bipolar disorder, attention-deficit hyper activity disorder (ADHD), post-traumatic stress disorder (PTSD), borderline intellectual functioning, and cannabis abuse (20 CFR 416.920(c)).
3. Since'the alleged onset date of disability, August 25, 2005, the claimant has not had an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926).
[813]*8134. After careful consideration of the entire record, the undersigned finds that, prior to January 24, 2012, the date the claimant became disabled, the claimant had the residual functional capacity to perform medium work as defined in 20 CFR 416.967(c) with the following limitations: no climbing of ladders, ropes, or scaffolds; no exposure to concentrated amounts of irritants; no exposure to hazards; no complex or detailed instructions; simple 1-or 2-step tasks (requiring little, if any, concentration); no direct dealing with the general public; low stress work (defined as no production quotas and on over-the-shoulder supervision); limited contact with coworkers and supervisors and no teamwork; and no reading.
5. After careful consideration of the entire record, the undersigned finds that, beginning on January 24, 2012, the claimant has the residual functional capacity to perform the reduced range of medium work set forth in Finding Number 4 above except that she is unable to sustain such work on a regular and consistent basis (see Social Security Ruling 96-8p).
6. The claimant has no past relevant work (20 CFR 416.965).
7. Prior to the established disability onset date, the claimant was a “younger individual age 18-49.” The claimant’s age category has not changed since the established disability onset date (20 CFR 416.963).
8. The claimant has a “limited” education and is able to communicate in English (20 CFR 416.964).
9. Transferability of job skills is not an issue in this case because the claimant does not have past relevant work (20 CFR 416.968).
10.

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Bluebook (online)
34 F. Supp. 3d 809, 2014 WL 3666451, 2014 U.S. Dist. LEXIS 99424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vorhis-deaton-v-commissioner-of-social-security-ohsd-2014.