United States District Court, N.D. Ohio, Eastern Division
AARON POLSTER JUDGE
REPORT AND RECOMMENDATION
JONATHAN D. GREENBERG MAGISTRATE JUDGE
pro se, Daries Y. Sherrills
(“Plaintiff”), challenges the final decision of
Defendant, Nancy A. Berryhill,  Acting Commissioner of Social
Security (“Commissioner”), denying his
application for child's insurance benefits. This Court
has jurisdiction pursuant to 42 U.S.C. § 405(g). This
case is before the undersigned United States Magistrate Judge
pursuant to an automatic referral under Local Rule 72.2(b)
for preparation of a Report and Recommendation. For the
reasons set forth below, it is recommended that the
Commissioner's final decision be AFFIRMED.
April 2014, Plaintiff filed an application for child's
insurance benefits, alleging a disability onset date of
January 1, 1975. (Transcript (“Tr.”) 58,
161-162). The application was denied initially and upon
reconsideration, and Plaintiff timely requested a hearing
before an administrative law judge (“ALJ”). (Tr.
118-120, 123-125, 126-127).
November 2015, an ALJ held a hearing, during which Plaintiff,
represented by counsel, and a vocational expert
(“VE”), testified. (Tr. 68-102). In February
2016, the ALJ determined that Plaintiff was not entitled to
child's insurance benefits as he was not disabled prior
to April 9, 1979 (the date he turned 22 years old). (Tr.
58-61). In November 2016, the Appeals Council denied
Plaintiff's request for review. (Tr. 1-5).
January 5, 2017, Plaintiff filed his Complaint in this Court
challenging the Commissioner's final
decision. (Doc. No. 1). The parties have completed
merits briefing in this case. (Doc. Nos. 18, 21, 22). In
addition, Plaintiff has filed three motions. First, on July
6, 2017, Plaintiff filed a motion “for leave to enclude
[sic] letter to U.S. Attorney seeking full scale
investigation.” (Doc. No. 23). On August 3, 2017,
Plaintiff filed an “Informal Request for Full Scale
Investigation in the Interest of Justice.” (Doc. No.
24). And, on October 12, 2017, Plaintiff filed an
“Informal request for Full Scale Investigation and
informal discovery by Justin Herdman United States Atrtorney
General [sic] for Northern district of Ohio Region.”
(Doc. No. 25).
Personal and Vocational Evidence
was born on April 9, 1957. He turned 18 years old on April 9,
1975 and 22 years old on April 9, 1979. (Tr. 104). Plaintiff
has no past relevant work. (Tr. 98).
the administrative record in this matter is quite lengthy
(over 4000 pages), Plaintiff's brief focuses on a
relatively small number of medical records, which are
described as follows. On May 12, 1979, Plaintiff presented
with complaints of difficult urination, lower back pain,
abdominal pain, shooting pain in the legs, dizziness,
episodes of nausea, cold sweats, and vomiting. (Tr. 449).
Symptoms reportedly began when Plaintiff went to prison for
the first time three years earlier. (Tr. 449). On June 1,
1979, Plaintiff was seen by a gastroenterology specialist,
who noted that Plaintiff's abdominal and rectal exams
were benign. (Tr. 452). The doctor assessed Plaintiff with
anxiety and muscle strain. (Tr. 452). An x-ray of the
lumbosacral spine dated May 24, 1979 shows no abnormality in
the vertebral bodies, neural arches, or disc spaces. (Tr.
2185). An x-ray of the lumbosacral and dorsal spines from
about a decade later was also normal. (Tr. 38). That
radiological report indicates that Plaintiff reported
experiencing mid-low back pain after injuring his back in
1975. (Tr. 38). A treatment note from August 24, 1981 reveals
complaints of pain in the tail bone and back and numbness in
the legs. (Tr. 2203).
also directs the Court's attention to a number of more
recent documents from the years 2013, 2014, and
2015. In particular, Plaintiff highlights a
treatment note from August 1, 2013, in which he reported
multiple work-related lower back injuries since 1975. (Tr.
1979). Another treatment note from July 2014 reveals that
He suffered a car accident when he was 17 and has had low
back pain and sciatic discomfort ever since. According to the
patient, his pain this evening is identical to his normal
character and quality with radiation down the back of the
legs bilaterally and some numbness in his big toe on his
right foot. The patient states that he was placed in traction
and physical therapy last week and he says that he has had
progressive pain since then. The patient was in the area when
his brother dropped him off this evening because the pain was
becoming unbearable. ...