Wert v. Commissioner of Social Security

166 F. Supp. 3d 935, 2016 WL 828143, 2016 U.S. Dist. LEXIS 24075
CourtDistrict Court, S.D. Ohio
DecidedFebruary 26, 2016
DocketCase No. 3:15-cv-83
StatusPublished
Cited by4 cases

This text of 166 F. Supp. 3d 935 (Wert 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
Wert v. Commissioner of Social Security, 166 F. Supp. 3d 935, 2016 WL 828143, 2016 U.S. Dist. LEXIS 24075 (S.D. Ohio 2016).

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. ID

WALTER H. RICE, UNITED STATES DISTRICT JUDGE

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. [939]*939#11), 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 February 8, 2016 (Doc. #11) is ADOPTED in full;
2. The Commissioner’s non-disability determination is REVERSED;
3. This matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings; and
4. This case is terminated on the docket of this Court.

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

Michael J. Newman, United States Magistrate Judge

This is a Social Security disability benefits appeal. At issue is whether the Administrative Law Judge (“ALJ”) erred in finding Plaintiff not “disabled” and thus unentitled to Supplemental Security Income (“SSI”). This case is before the Court upon Plaintiffs Statement of Errors (doc. 8), the Commissioner’s memorandum in opposition (doc. 9), Plaintiffs reply (doc. 10), the administrative record (doc. 6),2 and the record as a whole.

I.

A. Procedural History

Plaintiff filed for SSI on January 19, 2012. PagelD 216-21. Plaintiff suffers from a number of impairments including, among others, respiratory disorder, depression, and borderline intellectual functioning (“BIF”). PagelD 72.

After initial denials of her application, Plaintiff received a hearing before ALJ Elizabeth A. Motta. PagelD 96-125. The ALJ issued a written decision on October 4, 2013 finding Plaintiff not disabled. Pa-gelD 70-86. Specifically, the ALJ’s findings were as follows:

1. The claimant has not engaged in substantial gainful activity since January 19, 2012, the application date (20 CFR 416.971 et seq.).
2. The claimant has the following severe impairments: respiratory disorder (obstructive sleep apnea with mild asthma); obesity; headaches; depression; anxiety disorder; and [BIF] and/or learning disorder (20 CFR 416.920(c)).
3. The claimant does not have 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).
4. After careful consideration of the entire record, the undersigned finds [940]*940that the - claimant has the residual functional capacity [“RFC”] to perform less than the full range of light work as defined in 20 CFR 416.967(b):[3] lift up to 20 pounds occasionally and 10 pounds frequently; only occasional postural activities, such as climbing stairs/ramps, balancing, stooping, kneeling, crouching or crawling; only occasional overhead reaching on the left; no climbing ropes, ladders or scaffolds; no exposure to hazards, such as dangerous machinery or working at unprotected heights, no exposure to vibration; indoor work with no extremes of heat, cold, wetness or humidity; clean-air environment with no concentrated exposure to dust, odors, fumes, gases, or poorly-ventilated areas; simple, repetitive tasks; low stress work with no strict production quotas or fast pace and only routine work with few changes in the work setting; no contact with the public; only occasional contact with coworkers and supervisor, including no over-the-shoulder supervision or teamwork; and jobs not requiring greater than 5th grade reading or arithmetic.
5. The claimant is unable to perform any [of her] past relevant work (20 CFR 416.965).
6. The claimant was born [in] 1978 and was 33 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 CFR 416.963).
7. The claimant has at least a high school education and is able to communicate in English (20 CFR 416.964).
8. Transferability of job skills is not material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that the claimant is “not disabled,” whether or not the claimant has transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).
9. Considering the claimant’s age, education, work experience, and [RFC], there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 416.969 and 416.969(a)).
10. The claimant has not been under a disability, as défined in the Social Security Act, since January 19, 2012, the date the application was filed (20 C.F.R. 416.920(g)).

PagelD 72-85.

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. PagelD 51-53. Plaintiff then filed this timely appeal. Cook v. Comm’r of Soc. Sec., 480 F.3d 432, 435 (6th Cir.2007) (noting that, “[u]nder the

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Bluebook (online)
166 F. Supp. 3d 935, 2016 WL 828143, 2016 U.S. Dist. LEXIS 24075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wert-v-commissioner-of-social-security-ohsd-2016.