United States District Court, S.D. Ohio, Eastern Division
Marlin A. Tisdale, Plaintiff,
Commissioner of Social Security, Defendant.
ALGENON L. MARBLEY JUDGE.
REPORT AND RECOMMENDATION
TERENCE P. KEMP UNITED STATES MAGISTRATE JUDGE.
Marlin A. Tisdale, filed this action seeking review of a
decision of the Commissioner of Social Security denying his
application for disability insurance benefits. That
application was filed on December 21, 2011, and alleged that
Plaintiff became disabled on February 9, 2011.
initial administrative denials of his claim, Plaintiff was
given a hearing before an Administrative Law Judge on April
11, 2014. In a decision dated September 25, 2014, the ALJ
denied benefits. That became the Commissioner's final
decision on February 19, 2016, when the Appeals Council
Plaintiff filed this case, the Commissioner filed the
administrative record on June 27, 2016. Plaintiff filed a
statement of specific errors on October 14, 2016. The
Commissioner responded on December 23, 2016. Plaintiff has
not filed a reply brief, and the case is now ready to decide.
Plaintiff's Testimony at the Administrative
who was 53 years old as of the date of the hearing and who
has a high school education, testified as follows. His
testimony appears at pages 52-64 of the administrative
first testified that he had been working on a part-time basis
until 2011, due to physical limitations, and that he stopped
working altogether in 2011. By then, if he worked a half day,
he could not work the next. He said that he experienced pain
in his lower back which radiated into his right leg. His
treatment had included two epidural steroid injections, the
first of which worked well, and manipulation of his back. He
was also taking over-the-counter medication and using a TENS
what made his pain worse, Plaintiff replied that standing or
walking did so, as did sitting, bending, or stooping. He
thought he could stand for thirty minutes at a time and he
could tolerate sitting for an hour and half, although he
still had pain. He could walk about three blocks, but not
without stopping at least once. Around the house, Plaintiff
helped with chores, but only for fifteen minutes at a time.
He could also do a little yard work.
was also asked about depression. He had stopped going to a
counselor, but said he still did not like being around people
and had occasional crying spells. He left the house on a
daily basis to walk to the post office and to check on his
mother. He had discontinued sports activities like softball,
golf, and bowling.
The Medical Records
pertinent medical records are found beginning at page 258 of
the record. They can be summarized as follows. Because
Plaintiff's two claims of error relate only to his
psychological impairment, the Court will limit its review to
records related to that issue.
was seen at Weinstein & Associates, Inc. in 2011 for
treatment of a depressive disorder. A summary from a June 21,
2011 visit, signed by Donald J. Cutcher, M.A., and Keli
A.Yee, Psy.D., shows that Plaintiff had decreased his
activities of daily living due to physical limitations. He
was experiencing problems with reduced motivation and energy.
His concentration was significantly reduced and he was easily
distracted. His affect was constricted and his mood was
depressed. Plaintiff was also having some issues with
socialization and he reported poor stress tolerance. He had
made progress in some areas and had seen an improvement in
anger management. His prognosis was fair. Other notes from
that practice from 2011 are similar. There is a note from Dr.
Yee dated December 14, 2011, stating that Plaintiff's
symptoms are “work prohibitive, ” and another
stating that “his mood ...