United States District Court, S.D. Ohio, Eastern Division
ADEN Y. JELEY, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
A. Sargus, Chief Judge.
REPORT AND RECOMMENDATION
KIMBERLY A. JOLSON, UNITED STATES MAGISTRATE JUDGE.
Aden Y. Jeley, brings this action under 42 U.S.C. §
405(g) seeking review of a final decision of the Commissioner
of Social Security (“Commissioner”) denying his
application for supplemental security income. For the reasons
that follow, it is RECOMMENDED that the
Court REVERSE the Commissioner's
nondisability finding and REMAND this case
under Sentence Four of § 405(g).
filed an application for supplemental security income on June
30, 2013, alleging disability since January 1, 2010. (Tr. 15,
PAGEID #: 53). After initial administrative denials of
Plaintiff's claims, Administrative Law Judge Jason C.
Earnhart (“the ALJ”) heard the case on July 16,
2015. (Id.; Tr. 36-63, PAGEID #: 74-101). On August
12, 2015, the ALJ issued a decision, finding that Plaintiff
was not disabled within the meaning of the Social Security
Act. (Tr. 15-29, PAGEID #: 53-67). Plaintiff requested review
of the decision by the Appeals Council, which denied the
request on March 8, 2007. (Tr. 1-4, PAGEID #: 39-42). Thus,
the ALJ's decision became the Commissioner's final
filed this case on May 9, 2017, and the Commissioner filed
the administrative record on July 17, 2017. (Doc. 9).
Plaintiff filed a Statement of Specific Errors on September
10, 2017 (Doc. 12), the Commissioner responded on October 18,
2017 (Doc. 13), and Plaintiff replied on November 2, 2017
Personal Background and Relevant Hearing Testimony
was born in Somalia on May 2, 1971 (Tr. 127, PAGEID #: 165),
and came to the United States as a refugee in 2013 (Tr. 47,
PAGEID #: 85). Plaintiff has no education (Tr. 46, PAGEID #:
84) and speaks little English (Tr. 40, PAGEID #: 77). He was
a nomad with work raising camels in Somalia and as a
shopkeeper in South Africa. (Tr. 185, PAGEID #: 223; Tr. 245,
PAGEID #: 283; Tr. 234, PAGEID #: 272). Plaintiff has not
worked since his arrival in this country (Tr. 47, PAGEID #:
85), does not drive (Tr. 77, PAGEID #: 115), lives with a
roommate, and has a home health aide who comes for two hours
each day to “help[ ] him with the restroom, ”
clean, do laundry, and cook. (Tr. 51, PAGEID #: 89).
was shot in the abdomen during a robbery while in South
Africa in 2010, after which he had surgery. (Tr. 69, PAGEID
#: 108). Plaintiff alleges that the gunshot wound caused a
number of medical issues, including a lumbar spine impairment
with lower back pain, abdominal pain, and right kidney
disease that results in recurrent urinary tract infections
and increased urinary frequency and urgency. (Tr. 40-42,
PAGEID #: 77-79). Testifying through an interpreter at the
hearing, Plaintiff stated that increased urinary frequency
causes him to go to the restroom ten times per day and ten
times per night, which interferes with his sleep. (Tr. 48-
49, PAGEID #: 86-87).
also suffers from an abdominal hernia, chronic hypertension,
breathing difficulties, post-traumatic stress disorder, a
depressive disorder, a cognitive disorder, and schizophrenia.
(Tr. 41, PAGEID #: 79; Tr. 43, PAGEID #: 81). He likewise
testified that he suffers from memory problems. (Tr. 50-51,
PAGEID #: 88-89). His alleged onset date is January 1, 2010.
(Tr. 127, PAGEID #: 165).
hearing, the ALJ asked the Vocational Expert (the
“VE”) to consider a hypothetical individual with
Plaintiff's residual functional capacity
(“RFC”) of the same age, education, and
experience, with no past work. (Tr. 53, PAGEID #: 91). The VE
sought clarification from the ALJ to the extent that the RFC
required that the hypothetical individual “be
accessible to a restroom throughout the entire
workday.” (Tr. 54, PAGEID #: 92). The relevant exchange
is as follows:
VE: Well, I-I guess I have a question on that last
limitation, Your Honor.
VE: Accessible to a restroom throughout the entire day.
ALJ: That means no outside. No going for trips outside.
VE: Yes, right.
ALJ: And, you know, being in an environment where-
ALJ: -they are able to use the restroom. Not-we're going
to talk about ...