United States District Court, S.D. Ohio, Western Division
H. Rice District Judge
REPORT AND RECOMMENDATION  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
a Social Security disability benefits appeal. Plaintiff
challenges the Administrative Law Judge's
(“ALJ”) non-disability finding and conclusion
that she is unentitled to Disability Insurance Benefits
(“DIB”). This case is before the Court upon
Plaintiffs Statement of Errors (doc. 7), the
Commissioner's memorandum in opposition (doc. 8),
Plaintiffs reply (doc. 9), the administrative record (doc.
6), and the record as a whole.
A. Procedural History
filed an application for DIB asserting disability as of May
16, 2008. PageID 173. Plaintiff claims disability as a result
of a number of impairments, including, inter alia,
lumbar spine degenerative disc disease, degenerative joint
disease of the left knee, residuals of a remote prior left
shoulder strain, and depression. PageID 177-78.
initial denials of her application, Plaintiff received a
hearing before ALJ Gregory Kenyon on October 10, 2014. PageID
192-219. The ALJ issued a written decision on January 30,
2015 finding Plaintiff not disabled. PageID 173-84.
Specifically, the ALJ's findings were as follows:
1. The claimant last met the insured status requirements of
the Social Security Act on September 30, 2013.
2. The claimant did not engage in substantial gainful
activity during the period from her alleged onset date of May
16, 2008 through her date last insured of September 30, 2013
(20 CFR 404.1571 et seq.).
3. Through the date last insured, the claimant had the
following severe impairments: lumbar spine degenerative disc
disease, degenerative joint disease of the left knee,
residuals of a remote prior left shoulder strain, and
depression (20 CFR 404.1520(c)).
4. Through the date last insured, the claimant did not have
an impairment or combination of impairments that met or
medically equaled the severity of one of the listed
impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR
404.1520(d), 404.1525 and 404.1526).
5. After careful consideration of the entire record, the
undersigned finds that, through the date last insured, the
claimant had the residual functional capacity
[“RFC”] to perform sedentary workas defined
in 20 CFR 404.1567(a) except: (1) occasional crouching,
crawling, kneeling, stooping, and climbing of ramps and
stairs; (2) no climbing of ladders, ropes, and scaffolds; (3)
no work around hazards such as unprotected heights or
dangerous machinery; (4) frequent overhead reaching with the
left upper extremity; (5) standing or walking for no more
than 15 minutes at a time; (6) sitting for no more than 45
minutes at a time followed by a one to two minute period
during which she would be permitted to stand and stretch; (7)
limited to performing unskilled, simple, repetitive tasks;
(8) occasional contact with co-workers, supervisors, and the
public; (9) no fast paced production work or jobs involving
strict production quotas; and (10) limited to performing jobs
in a relatively static work environment in which there are no
more than occasional changes in the job duties or the work
routine and which requires only occasional decision-making.
6. Through the date last insured, the claimant was unable to
perform any past relevant work (20 CFR 404.1565).
7. The claimant was born [in] 1978 and was 35 years old,
which is defined as a younger individual age 18-44, on the
date last insured (20 CFR 404.1563).
8. The claimant has a limited education and is able to
communicate in English (20 CFR 404.1564).
9. Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is ‘not disabled, ' whether or
not the claimant has transferable job skills (See SSR 82-41
and 20 CFR Part 404, Subpart P, Appendix 2).
10. Through the dated last insured, considering the
claimant's age, education, work experience, and [RFC],
there were jobs that existed in significant numbers in the
national economy that the claimant could have performed (20
CFR 404.1569 and 404.1569(a)).
11. The claimant was not under a disability, as defined in
the Social Security Act, at any time from May 16, 2008, the
alleged onset date, through September 30, 2013, the date last
insured (20 CFR 404.1520(g)).
the Appeals Council denied review on May 18, 2016 making the
ALJ's non- disability finding the final administrative
decision of the Commissioner. PageID 60-65. 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”).
Evidence of Record
decision, the ALJ set forth a detailed recitation of the
underlying medical evidence in this case. PageID 175-82.
Plaintiff, in her Statement of Errors, also summarizes the
evidence of record. Doc. 7 at PageID 936-40. The
Commissioner, in response to Plaintiff's Statement of
Errors, also summarizes the evidence of record. Doc. 8 at
PageID 955-57. Except as otherwise ...