Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dudley v. Commissioner of Social Security

United States District Court, S.D. Ohio, Eastern Division

June 1, 2017

Barbara J. Dudley, Plaintiff,
v.
Commissioner of Social Security, Defendant.

          JAMES L. GRAHAM JUDGE

          REPORT AND RECOMMENDATION

          Terence P. Kemp United States Magistrate Judge.

         I. Introduction

         Plaintiff, Barbara J. Dudley, filed this action seeking review of a decision of the Commissioner of Social Security denying her applications for disability insurance benefits and supplemental security income. Those applications were filed on November 17, 2014, and alleged that Plaintiff became disabled on September 1, 2014.

         After initial administrative denials of her claim, Plaintiff was given a hearing before an Administrative Law Judge on January 21, 2016. In a decision dated February 3, 2016, the ALJ denied benefits. That became the Commissioner's final decision on May 17, 2016, when the Appeals Council denied review.

         After Plaintiff filed this case, the Commissioner filed the administrative record on September 19, 2016. Plaintiff filed a statement of errors on January 13, 2017, to which the Commissioner responded on April 28, 2017. Plaintiff did not file a reply brief, and the case is now ready to decide.

         II. Plaintiff's Testimony at the Administrative Hearing

         Plaintiff, who was 56 years old as of the date of the hearing and who has a high school education as well as nurse's aide training, testified as follows. Her testimony appears at pages 56-68 of the administrative record.

         Plaintiff first testified that she filed her disability application due to pain in her lower back. She did take care of her grandchildren for several months in 2014. She also said that her husband was disabled and had had several back surgeries, the most recent being in 2015.

         The last time Plaintiff worked was for Dollar General, a job she held for more than seven years. She was fired because of a shortage in her cash drawer, something she denied. She had been a cashier and stock clerk. After being fired, she did look for work, but discontinued doing so because of her back pain. Before taking the job at Dollar General, she worked part-time as a kitchen helper and housekeeper.

         When asked why she could no longer work, Plaintiff said that she could not handle stress or being around people. She had started mental health counseling about a month prior to the hearing. Plaintiff said that she was able to do some cooking and housework, although that was interrupted by pain. She could sit for prolonged periods. She had been taking Celexa and it had helped with her depression for some time, but not more recently. She only left home to see the doctor or go grocery shopping, and in the grocery store she waited until an aisle was empty before she would enter it. She had no hobbies and no social activities.

         III. The Medical Records

         The pertinent medical records are found beginning at page 230 of the administrative record. The records relating to a potential mental impairment, which is the issue raised by Plaintiff's statement of errors, can be summarized as follows.

         Plaintiff saw her general practitioner on April 16, 2014 for a follow-up appointment. She had just become insured again and wanted to restart Celexa, which in the past had helped her with depression and anxiety. Her Celexa prescription was refilled although no psychological symptoms were noted in the record of that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.