Woodcock v. Commissioner of Social Security

201 F. Supp. 3d 912, 2016 WL 4382728, 2016 U.S. Dist. LEXIS 108685
CourtDistrict Court, S.D. Ohio
DecidedAugust 16, 2016
DocketCase No. 3:15-cv-147
StatusPublished
Cited by15 cases

This text of 201 F. Supp. 3d 912 (Woodcock 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
Woodcock v. Commissioner of Social Security, 201 F. Supp. 3d 912, 2016 WL 4382728, 2016 U.S. Dist. LEXIS 108685 (S.D. Ohio 2016).

Opinion

DECISION AND ENTRY ADOPTING IN THEIR ENTIRETY REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #11); JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT .CAROLYN W. COL-VIN, ACTING COMMISSIONER OF SOCIAL SECURITY, REVERSING COMMISSIONER’S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR FURTHER ADMINISTRATIVE PROCEEDINGS CONSISTENT WITH REPORT AND RECOMMENDATIONS; TERMINATION ENTRY

WALTER H. RICE, UNITED STATES DISTRICT JUDGE

The Court has reviewed the Report and Recommendations of Magistrate Judge Michael J. Newman, Doc. #11, to whom this case was referred pursuant to 28 U.S.C. § 636. Further, the Court notes that no objections have been filed thereto, and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired. Based upon the reasoning and citations of authority set forth in the Report and Recommendations, as well as upon a thorough de novo review of the entirety of the Court’s file and the applicable law, this Court hereby ADOPTS said Report and Recommendations in their entirety.

Accordingly, judgment is to be entered in favor of Plaintiff Pamela K. Woodcock (“Plaintiff’) and against Carolyn W. Col-vin, Acting Commissioner of Social Securi[916]*916ty (“Commissioner”), reversing the Commissioner’s finding that Plaintiff was not disabled, and therefore, not entitled to benefits. The captioned cause is remanded to the Commissioner, under Sentence Four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with the Report and Recommendations.

The captioned case 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 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) 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 therefore unentitled to Disability Insurance Benefits (“DIB”) and/or Supplemental Security Income (“SSI”).2 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. 7),3 and the record as a whole.

I.

A. Procedural History

Plaintiff filed for DIB and SSI alleging a disability onset date of December 27, 2007. PagelD 355-67. Plaintiff claims disability as a result of a number of alleged impairments including, inter alia, hearing loss, anxiety, and depression. PagelD 77.

After initial denial of her applications, Plaintiff received a hearing before ALJ Samuel Rodner on March 3, 2013, and a subsequent hearing before ALJ Vincent Misenti on July 30, 2013. PagelD 95-161. ALJ Misenti issued a written decision on August 26, 2013 finding Plaintiff not disabled. PagelD 74-85. Specifically, his findings were as follows:

1. The claimant meets the insured status requirements of the Social Security Act through September 30, 2013.
2. The claimant has not engaged in substantial gainful activity since December 27, 2007, the alleged onset date (20 CFR 404.1571 et seq. and 416.971 et seq.).
3. The claimant has the following severe impairments: hearing loss, anxiety, and depression (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 the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, [917]*917Appendix 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 undersigned finds that the claimant has the residual functional capacity [“RFC”] to perform a full range of work at all exer-tional levels but with the following nonexertional limitations: the claimant is limited to working in moderately noisy environments. She is capable of understanding, remembering, and carrying out simple, routine, repetitive tasks. The claimant is not able to perform at a production-rate pace but she can perform goal-oriented work. She is limited to using judgment limited to simple work-related decisions. She can socially interact with the public occasionally. The claimant is limited to tolerating few changes in the routine work setting, defined as working in a static environment.
6. The claimant is capable of performing [her] past relevant work as a housekeeper/cleaner, DOT 323.687-014, which is light4 in exertional demands and unskilled (SVP-2). 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 December 27, 2007, through the date of this decision (20 CFR 404.1520(f) and 416.920(f)).

PagelD 76-84. It is the ALJ’s findings which are at issue in this appeal.

Thereafter, the Appeals Council denied Plaintiffs request for review, making the ALJ’s non-disability finding the final administrative decision of the Commissioner. PageID 43-46. 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 Federal Rules of Appellate Procedure, [claimant] had 60 days from the Appeals Council’s notice of denial in which to file his appeal”).

B. Evidence of Record

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Bluebook (online)
201 F. Supp. 3d 912, 2016 WL 4382728, 2016 U.S. Dist. LEXIS 108685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodcock-v-commissioner-of-social-security-ohsd-2016.