United States District Court, N.D. Ohio, Western Division
Jeffrey J. Helmick, United States District Judge
matter is before me on Plaintiff's objections (Doc. No.
19) to the September 26, 2016 Report and Recommendation of
the Magistrate Judge (Doc. No. 17). Also before me is the
Defendant's response to Plaintiff's objections. (Doc.
there are no objections to the procedural history, evidence,
medical evidence, plaintiff's testimony and the
vocational expert's testimony of the Report, I adopt it
in its entirety.
protectively filed an application for DIB on September 19,
2012. Tr. 93, 184-187, 201-202. Grisier alleged
a disability onset date of December 31, 2007 (Tr. 51, 93,
184, 201, and alleged disability due to depression,
post-traumatic stress disorder, anxiety, seizures, dislocated
discs, back pain, and bi-polar disorder (Tr. 51, 65, 106,
112, 206). After initial denial by the state agency (Tr.
106-108) and denial upon reconsideration (Tr. 112-118),
Grisier requested a hearing (Tr. 119). A hearing was held
before Administrative Law Judge Yvette N. Diamond
(“ALJ”) on July 11, 2014. Tr. 7-50.
August 14, 2014, decision (Tr. 90-105), the ALJ determined
that Grisier was not under a disability from December 31,
2007, through June 30, 2010, her date last insured (Tr. 93,
99-100). Grisier requested review of the ALJ's decision
by the Appeals Council. Tr. 1-2. On August 11, 2015, the
Appeals Council denied Grisier's request for review,
making the ALJ's decision the final decision of the
Commissioner. Tr. 3-6.
Personal, educational, and vocational evidence
was born in 1970 and was 43 years old at the time of the
hearing. Tr. 13, 184, 201. Grisier attended school up until
the tenth grade. Tr. 15. She is able to read and write. Tr.
time of the hearing, Grisier was married and living with her
husband. Tr. 13-14. Her two stepdaughters lived with them on
occasion. Tr. 14. She has two adult children, ages 25 and 22
at the time of the hearing. Tr. 14. She also has
grandchildren. Tr. 14. She was previously married. Tr. 14,
385. During the period of time between December 31, 2007, and
June 30, 2010, Grisier was married to a previous husband and
living with him. Tr. 14-15.
last worked in 2011 at a Domino's in Georgia. Tr. 16. She
worked there for two weeks delivering pizzas. Tr. 16. Her job
at Domino's ended because she moved from Georgia to Ohio.
Tr. 38. Grisier does not think that she would have been able
to sustain that job even if she had not moved to Ohio because
it was hard for her to stand on her feet. Tr. 38-39. She also
worked at a Marco's making and delivering
pizzas (Tr. 16-17) and had other past work,
including working as a cashier in a store, a cashier in a
drive through, and a gas station attendant (Tr. 17-20).
April 2005, Grisier was injured while working at a
drive-through store. Tr. 289. She was stacking some beverages
and 12-packs fell on her back. Tr. 289. Grisier sought and
received treatment for the injury to her back, including
physical therapy. Tr. 289-290, 307-309. During a consult with
Dr. Larry Kennedy, M.D., on July 8, 2005, for her back
injury, Dr. Kennedy noted that Grisier indicated she was
“currently seeking disability and, in fact, she does
not have a goal for returning to any work place.” Tr.
289. Dr. Kennedy concluded that Grisier's prognosis was
“poor for improvement, particularly when apparently it
is in her best interest to remain disabled in order to obtain
disability, which apparently is her goal.” Tr. 290. Dr.
Kennedy advised that, if disability was Grisier's goal,
he did not think physical therapy or other treatment would
help her but, if she wanted to get better, he thought she
could. Tr. 290. On July 26, 2005, physical therapy was
discontinued due to Grisier's lack of attendance. Tr.
307. In March 2006, Grisier returned to see her primary care
physician Dr. Diane Conrad, M.D., due to a flare up in her
acute lumbar strain. Tr. 287. She reported that she had
started to feel better with the physical therapy sessions and
time but had recently been doing some light pizza delivery
work and was experiencing bilateral lower back pain. Tr. 287.
Grisier planned to return to physical therapy and was
provided prescriptions for Naprosyn and Flexeril. Tr. 287.
Dr. Conrad also suggested that Grisier follow up with Dr.
Kennedy. Tr. 287. During the visit, Grisier complained of
headaches. Tr. 287. Dr. Conrad agreed to work with Grisier
regarding her headaches, noting they would have to plan an
evaluation outside of her workers compensation claim. Tr.
her date last insured,  following a family dispute at home, on
January 10, 2012, Grisier sought emergency room treatment.
Tr. 392-422. She reported having been going through a lot of
stress due to various issues but mainly she was having a
difficult time managing her 19-year old child. Tr. 396.
Grisier complained of chest pain, she was shaking all over,
and having problems sleeping. Tr. 396. Grisier also reported
that she had previously sprained her left ankle. Tr. 396. Her
medical history was documented as “[h]istory of syncope
with stress, seizures, cervical cancer.” Tr. 396. The
emergency room physician diagnosed anxiety, hyperventilation,
and sprained left ankle. Tr. 397. Grisier was treated for her
sprained ankle, given Ativan, and advised to follow up with
her family physician and take some time off from work and
rest. Tr. 397.
April 10, 2012, following a March 22, 2012, sexual assault by
a male whom Grisier met online, Grisier sought outpatient
therapy at the Maumee Valley Guidance Center to reduce
symptoms of depressive disorder, NOS, and PTSD. Tr. 328-329.
She relayed that she was also sexually assaulted at age 15.
Tr. 328. She reported a history of intermittent depression
and was interested in counseling to overcome her issues. Tr.
328. Anne Mallett, MSW, LISW, the therapist conducting the
initial session with Grisier diagnosed depressive disorder,
NOS, and PTSD. Tr. 329. She assessed a GAF score of
an April 28, 2012, emergency room visit, Grisier complained
of anxiety, a seizure and chest pain. Tr. 447-473. Grisier
reported that she had gotten into an argument with her
daughter. Tr. 450. Grisier indicated that she had become
anxious and when she gets anxious she has seizures. Tr. 450,
452. The emergency room notes reflect a history of syncope
with stress and anxiety, a hole in her heart, cancer and
pseudoseizures. Tr. 452. Grisier was diagnosed with having an
anxiety attack and was advised to follow up with her family
doctor. Tr. 453.
September 10, 2012, Grisier's therapy at Maumee Valley
Guidance Center was terminated because Grisier had not
returned and attempts to contact her were not
successful. Tr. 381-382. The discharge summary shows
that Grisier had made some progress and it was noted that if
Grisier felt that she would benefit from treatment in the
future she was welcome to return. Tr. 381.
December 12, 2012, Dr. Neil S. Shamberg, Ph.D., conducted a
consultative psychological evaluation. Tr. 384-390. Most of
the information provided to Dr. Shamberg was based on
Grisier's self-reports during the interview that Dr.
Shamberg conducted. Tr. 384. Dr. Shamberg found Grisier's
reliability to be very good based on there being good
internal consistency and a close correspondence between
collateral data and Grisier's own self-reports. Tr. 389.
Grisier relayed that she had been married and divorced twice,
with both ex-husbands being abusive. Tr. 389. Dr. Shamberg
diagnosed Grisier with major depressive disorder, recurrent,
currently severe, with some psychotic features;
post-traumatic stress disorder; panic disorder with
agoraphobia; social phobia; and anxiety disorder, NOS. Tr.
388. Dr. Shamberg indicated that Grisier also suffered from
psychosocial and environmental problems, noting that she was
still haunted by her abusive ex-husbands and two rapes; she
had problems with her daughter-in-law; and she was worried
that her doctors had not come up with a cause for her panic
attacks and seizures. Tr. 389. Dr. Shamberg assigned a GAF
score of 45. Tr. 389. He assessed Grisier's functional
abilities, opining that:
When you combine her sub-average intelligence, lack of a high
school diploma, reading comprehension problems, untreated
major depression, and a host of anxiety issues in this young
woman, you see that [Grisier] would have very, very
significant limitations in understanding, as well as
remembering and carrying out most job instructions, as she is
During the Adult Clinical Interview yesterday . . .
[Grisier], in spite of some hearing problems in her right
ear, showed few limitations with regard to maintaining
attention and concentration; however if she were to try a
simple job now, let alone a more complex job, her depression
and host of anxiety disorders would interfere significantly
with her ability to attend, to concentrate, to keep up the
work pace, and to persist and finish most job tasks now.
She is reporting fear of other people, and merits a diagnosis
of Social Phobia. She hides all day every day in her small
apartment in Bryan, Ohio. She hasn't worked for five
years; in this psychologist's opinion [Grisier] would
have huge problems now, based on her various fears and
phobias, with regard to responding appropriately to all
supervisors and to most coworkers, in all work settings. She
also has a history with two abusive ex-husbands, and left her
job at Marco's Pizza five years ago because of
“sexual harassment by my manager; that sticks with
me.” Given her slowness and lack of motivation, due to
an untreated current major depression, and given her wide
variety of anxiety disorders, also untreated at the present
time, it is this psychologist's opinion that this
claimant would have very, very significant limitations right
now on all jobs with regard to her ability to respond
appropriately to most work pressures.
January 16, 2013, state agency reviewing psychologist Tonnie
Hoyle, Psy.D., completed two psychiatric review techniques (a
PRT and PRT2) (Tr. 58-60) and mental RFC (Tr. 60-61). The PRT
was for the date last insured of June 30, 2010, and the PRT2
was a “current evaluation.” Tr. 58. For the PRT,
Dr. Hoyle concluded that there was no medically determinable
mental impairment established, noting there was no medical
evidence available from December 31, 2007, through June 30,
2010. Tr. 58. For the PRT2, Dr. Hoyle concluded that Grisier
had moderate restrictions in activities of daily living and
in maintaining social functioning and marked difficulties in
maintaining concentration, persistence or pace. Tr. 59. Dr.
Hoyle gave great weight to Dr. Shamberg's December 21,
2012, opinion which provided “current clinical findings
and observations.” Tr. 60. Dr. Hoyle also completed a
mental RFC which was a “current evaluation.” Tr.
60-61. In that mental RFC, Dr. Hoyle concluded that Grisier
was markedly limited in her ability to complete a normal
workday and workweek without interruptions from
psychologically based ...