United States District Court, S.D. Ohio, Western Division, Dayton
District Judge, Thomas M. Rose
REPORT AND RECOMMENDATIONS 
L. OVINGTON, UNITED STATES MAGISTRATE JUDGE
Loretta Decker brings this case pro se challenging
the Commissioner's final decision to deny her application
for Supplemental Security Income. The Commissioner denied
Plaintiff's applications through a decision by
Administrative Law Judge (ALJ) Henry Kramzyk. He found that
Plaintiff was not under a benefits-qualifying disability
despite her significant health problems. This case is
presently before the Court for review of ALJ Kramzyk's
decision by way of Plaintiff's pro se Statement
of Errors (Doc. #9), the Commissioner's Memorandum in
Opposition (Doc. #12), the administrative record (Doc. #6),
and the record as a whole.
August 5, 2013, the date Plaintiff filed her application, she
was 44 years old. She completed school through eighth grade.
Her employment history involved short stints as housekeeper
(and similar jobs) but no past relevant work.
issuing his non-disability decision, ALJ Kramzyk held a
hearing during which Plaintiff testified. Plaintiff was not
represented by counsel or a non-attorney representative
during the hearing. ALJ Kramzyk explained to Plaintiff that
she was entitled to representation, but she decided to
proceed on her own. (Doc. #6, p. 30; PageID# 70).
testified that she could not work due to a learning
disability and fibromyalgia. She has additional health
problems involving her sciatic nerve in her lower back,
polycystic ovarian syndrome, and depression. She explained
that polycystic ovarian syndrome causes her to gain weight.
At the time of the ALJ's hearing, she was five feet three
inches tall and weighed 345 pounds. Id. at pp.
38-40; PageID #s 78-80.
explained that she experiences pain “all over…,
all the time.” Id. at p. 41; PageID#
81. Sometimes her pain is so bad she just lies down and
cries. On a scale of one to ten (where ten is the worst
pain), her pain is sometimes a five and sometimes a ten. Pain
prevents her from sleeping well. Walking aggravates her pain.
She testified, “I can't lift my arms up hardly
anymore to fix my hair or anything because the muscles in my
arms and back and stuff [sic]. It's hard to bend
over.” Id. at p. 41-42, PageID# 82.
estimated that she could lift ten pounds, walk about one-half
a block, stand for about twenty minutes, and sit for about
fifteen or twenty minutes. She cannot squat. Her fingers get
numb after a few minutes of gripping, feeling, or
manipulating items due to carpal tunnel syndrome.
Id. at p. 44, PageID #84.
household activities include sweeping and sometimes vacuuming
and doing the dishes. She does not cook much. Her daughter
does the laundry. She likes to get together with family or
friends to just sit and talk. The summer before the ALJ's
hearing, Plaintiff went on a two-week vacation to Kentucky
where she visited and talked with family members. She very
seldom goes to the movies or watches television. She goes out
to dinner with family or friends. She tries to attend church
twice a week. She does not read a lot but tries to read the
Bible. She does not ever use a computer. Sometimes she needs
her daughters to help her get dressed. She “hurts real
bad” when she goes to the grocery store. Id.
at 43; PageID# 83.
brought a friend, Ms. Dennis, with her to the administrative
hearing. Ms. Dennis testified that she knows Plaintiff from
church and sees her about once every two months. When they
see each other, they talk about fellowship and they pray.
They do not go to the movies together, go out to eat, or go
on vacation together. Ms. Dennis has seen Plaintiff in
excruciating pain when she is walking, for example. She has
also seen Plaintiff melt down in tears because the pain in
her back and legs are so bad that she can't do much. It
is heartbreaking for Ms. Dennis “to see somebody in
that kind of pain and know that there's not a lot you can
do about it.” (Doc. #6, p. 54, PageID# 94).
administrative record contains Plaintiff's medical
records, including the office notes of her treating physician
Dr. Suzann Franer. In early January 2014, Dr. Franer listed
that Plaintiff's diagnoses as polycystic ovarian disease,
vulvar cancer (treated with vulvectomy in 2010),
fibromyalgia, gastroesophageal reflux disease, morbid
obesity, and depression/anxiety. Dr. Franer reported that
Plaintiff's symptoms included “chronic pain in
muscles” and “chronic depression/anxiety.”
Id. p. 370, PageID# 410. She noted that
Plaintiff had seen a rheumatologist who diagnosed Plaintiff
with fibromyalgia. And, Dr. Franer indicated that Plaintiff
“needs ongoing medical therapy” and “would
benefit from psychological therapy.” Id.
Franer's mention of a rheumatologist meant Dr. Robert A.
Schriber. Dr. Schriber wrote to Dr. Franer in June 2013
reporting his diagnostic impressions as “1.
Polyarthralgia of uncertain cause. I am not able to make a
specific diagnosis. I do suspect a functional component to
her symptoms (fibromyalgia syndrome). 2. Massive
obesity.” Id. at p. 266; PageID# 306.
Dr. Schriber wrote a very brief letter in October 2013
stating Plaintiff “does not meet musculoskeletal
listings for disability though she is massively
obese and may have some disability on that basis.”
Id. at p. 265; PageID# 305 (footnote
to ALJ Kramyzk's decision, he found that Plaintiff was
not under a disability by conducting the 5-step evaluation
required by social security law. See 20 C.F.R.
§ 416.920(a)(4). His more significant findings began
with his conclusion that Plaintiff had three severe
impairments-polycistic ovarian syndrome, obesity, and
borderline intellectual functioning-but her impairments did
not automatically constitute a disability. (Doc. #6, pp.
10-13; PageID #s 50-53).
next assessed Plaintiff's residual functional capacity or
the most she could do despite her impairments. See
20 C.F.R. § 416.945(a); see also Howard v.
Comm'r of Soc. Sec., 276 F.3d 235, 239 (6th Cir.
2002). Doing so, the ALJ found that despite Plaintiff's
impairments, she could still perform sedentary work with many
limitations, for example, never climbing ladders, ropes, or
scaffolds; no reading or writing; and no fast-paced
production work. (Doc. #6, pp. 13-19; PageID #s
53-59). And, according to the ALJ, given Plaintiff's
residual functional capacity plus her limited education, work
experience, and age, she could still perform a significant
number of jobs available to her in the national economy. The
availability of such ...