United States District Court, S.D. Ohio, Eastern Division
Patricia J. Crawford Plaintiff,
Commissioner of Social Security, Defendant.
ALGENON L. MARBLEY JUDGE.
REPORT AND RECOMMENDATION
Terence P. Kemp United States Magistrate Judge.
Patricia J. Crawford, filed this action seeking review of a
decision of the Commissioner of Social Security denying her
application for disability insurance benefits. That
application was filed on June 8, 2012, and alleged that
Plaintiff became disabled on August 8, 2010.
initial administrative denials of her claim, Plaintiff was
given a hearing before an Administrative Law Judge on June 4,
2014. In a decision dated September 5, 2014, the ALJ denied
benefits. That became the Commissioner's final decision
on March 22, 2016, when the Appeals Council denied review.
Plaintiff filed this case, the Commissioner filed the
administrative record on October 24, 2016. Plaintiff filed a
statement of errors on March 29, 2017, to which the
Commissioner responded on April 19, 2017. Plaintiff did not
file a reply brief, and the case is now ready to decide.
Plaintiff's Testimony at the Administrative
who was 55 years old as of the date of the hearing and who
has a high school education with some college work, testified
as follows. Her testimony appears within pages 43-68 of the
was first asked about her past work. She testified that her
last job was as a delivery driver for dental products. She
had also stocked books and magazines at grocery stores, which
was a part-time job, worked at a bakery, and sorted clothing.
Some of those jobs were through temporary agencies.
also testified that she could not work due to emotional
stress. She was taking care of her parents and that placed
demands on her, including spending 12-13 hours per day
caregiving. She washed clothes, assisted her parents with
daily activities, and cooked meals. She had tried to go back
to work but that lasted only one day. Plaintiff also
mentioned that when she was a delivery driver she had an
issue with falling asleep, and that she could not stand for
eight hours in a workday due to plantar fasciitis.
The Medical Records
pertinent medical records are found beginning at page 379 of
the administrative record. They can be summarized as follows.
first record is a report of a consultative psychological
examination done by Dr. James Tanley. He interviewed
Plaintiff on August 6, 2012. Her chief complaint was
depression since her father was diagnosed with
Alzheimer's disease. She had not gotten any treatment due
to lack of funds and insurance. She also reported suffering
from a right knee injury and plantar fasciitis but she did
not take any medications. Her days consisted of seeing her
husband off to work and then caring for her parents. Dr.
Tanley noted that Plaintiff's affect was appropriate and
she did not exhibit signs of anxiety. He diagnosed an
adjustment disorder with depressed mood and rated
Plaintiff's GAF at 60. He also concluded that she could
function in the workplace within the average range of
intelligence, could have some problem dealing with
instructions of increasing complexity, might encounter some
issues in behaving appropriately in a work setting due to her
depressed state, and was “a bit at risk” in her
ability to deal with work stress. (Tr. 234-37).
report was reviewed by two state agency psychologists. The
first, Dr. Hoyle, concluded that Plaintiff's depression
caused only mild restriction in her activities of daily
living and in maintaining concentration, persistence, and
pace, no restrictions in her social functioning, and no
episodes of decompensation. Under those circumstances, her
disorder was determined to be “nonsevere.” (Tr.
96). The second reviewer, Dr. Goldsmith, also had available
to him a report from Dr. ...