United States District Court, S.D. Ohio, Western Division, Dayton
H. Rice, District Judge.
REPORT AND RECOMMENDATIONS 
L. Ovington, United States Magistrate Judge.
Saninyanata Smith brings this case challenging the Social
Security Administration's denial of her application for
Supplemental Security Income. She applied for benefits on
September 27, 2013, asserting that she could no longer work a
substantial paid job. Administrative Law Judge (ALJ) Gregory
G. Kenyon concluded that she was not eligible for benefits
because she is not under a “disability” as
defined in the Social Security Act.
case is before the Court upon Plaintiff's Statement of
Errors (Doc. #7), the Commissioner's Memorandum in
Opposition (Doc. #8), Plaintiff's Reply (Doc. #9), and
the administrative record (Doc. #6).
seeks a remand of this case for payment of benefits or, at a
minimum, for further proceedings. The Commissioner asks the
Court to affirm ALJ Kenyon's non-disability decision.
asserts that she has been under a “disability”
since September 27, 2013. She was forty-six years old at that
time and was therefore considered a “younger
person” under Social Security Regulations. See
20 C.F.R. § 416.963(c). She has a high school education.
See 20 C.F.R. § 416.964(b)(4).
testified at the hearing before ALJ Kenyon that she has
bipolar disorder. (Doc. #6, PageID #99). She has
difficulty interacting with other people-“they agitate
me, I don't trust them because of all the things, trauma
and things, I've been through. ...” Id. at
99-100. She also has “a lot” of anger and
irritability. Id. at 99. Plaintiff gets into
arguments with her mom, brother, son, grandkids, and
neighbors. Id. at 100. She does not like the public
and prefers to stay inside her house where she feels safe.
Id. at 106. She estimated that she leaves
approximately once per week. Id.
she was seven years old, Plaintiff has experienced paranoia
and is “always thinking somebody [is] against me
….” Id. at 102. She hears voices every
day: “they just tell me to do things I know I
shouldn't be doing.” Id. at 107-08. She
has five or six crying spells per day every day. Id.
at 109. She has trouble concentrating and paying attention to
mental health problems sometimes lead her to hurt herself:
“I'm so frustrated with all th[ese] mental things,
hearing voices sometime[s], telling me to do stuff. So I got
bruises sometime[s] from … hitting myself or …
things like that. I cut holes in my head. … I take
scissors and … I just cut ….”
Id. at 100-01. She has been doing it since she had a
mental breakdown in 2009. Id. at 101. Plaintiff has
thoughts of killing herself at least three times a week.
Id. at 102-03. She has also had thoughts of killing
her son. Id. at 104. She explained, “he has
Tourette's. And I[‘ve] been taking care of him all
his life … And he called me bitches and he been
dogging me out for a very long time. Ever since he was small.
… I just get tired of it … he's one of the
people on my list if he didn't leave me alone, … I
wanted to destroy him. …” Id. at 105.
In a thirty-day period, Plaintiff generally has thoughts of
hurting others twenty times. Id.
at Day-Mont prescribe medications for her but “[t]hey
[have] been switching them around, … trying to figure
out what's going wrong.” Id. at 109.
Because of the high turnover rate at Day-Mont, she has seen
many different doctors and therapists. Id. at
109-10. She feels that she cannot “get the balance and
order” that she needs. Id. at 110. She is
attempting to switch to Mahajan Therapeutics. Id.
Plaintiff's medications make her drowsy and she usually
sleeps twelve hours per day. Id. at 112. “Once
I take my medicine I'm drowsy, I can't function, I
can't cook, I can't do things that I normally do when
I'm not taking my medicine to take care of myself.
I'm checking doors, I'm sleeping. I'm doing what
I got to do, but then I'm up and I'm
is not able to take care of her personal needs. Id.
at 113. She sometimes goes an entire week without changing
her clothes or bathing. Id. Care Source recently
assigned Plaintiff people to take care of her hygiene, help
her cook, take her to the doctor, clean her house, and help
her out. Id. at 97.
December 15, 2014, Plaintiff fell in a pothole in a parking
lot and injured her right hand and ankle. Id. at 95.
She then had a nervous breakdown and needed to go to
Kettering Hospital. Id. at 95-96. Her family-care
physician recently gave her a sleeve to wear on her hand and
referred her to a specialist. Id. at 116. Because of
the injury, she cannot write or lift anything. Id.
also has problems with her bowels. Id. at 117. She
recently had to be taken by ambulance to the hospital because
her bowels “locked up.” Id. She also
experiences incontinence with accidents every day.
lived in a condo/apartment by herself but planned to move the
Friday after the hearing. Id. at 96. She has a
driver's license but is not able to drive because of her
medication. Id. at 97. She has one son and three
grandchildren. Id. at 96. She is not able to take
care of her grandchildren. Id. at 111.
typical day, Plaintiff is “[h]ome, alone, watching TV,
barely eating, taking my meds. I've got to eat a little
something and drink something to do that. … I
don't have a life.” Id. at 115. When asked
if she had any hobbies or things she liked doing, Plaintiff
responded: “I love the lord, but when I was small I was
witness to a preacher running over a little boy … and
I asked the cop … ‘What happened?' And he
said, ‘He was drunk.' And I heard that baby's
body rolling up under that car, he drug him and so I love
being in God's houses, but I don't trust … the
people in there ….” Id. at 114. She
went to church three weeks before the hearing and enjoyed it.
Scott D. Shaw, M.D.
Shaw, Plaintiff's treating physician, completed
interrogatories on August 28, 2015. Id. at 961. He
indicated that he had treated her for atypical nevi,
decreased hearing, arthralgias, vaginitis, climacteric, and a
history of psychiatric disorder that is treated by her
psychiatrist. Id. at 962. He opined that because of
Plaintiff's significant psychological problems, she does
not have the ability to be prompt and regular in attendance
or the ability to withstand the pressure of meeting normal
standards of work productivity and work accuracy without
significant risk of decompensation or worsening of her
impairments. Id. She cannot demonstrate reliability
or complete a normal work day or work week without
interruption from psychological and/or physically based
symptoms and cannot perform at a consistent pace without
unreasonable numbers and length of rest periods due to her
psychiatric instability. Id. at 963.
has swelling, tenderness, and decreased strength and range of
motion in her right wrist. Id. at 963, 966. She can
frequently lift up to five pounds. Id. at 963.
Further, her right-wrist swelling and tenderness affect her
ability to handle, finger, feel, and push/pull. Id.
at 965. Her psychological issues impair her abilities to see
and speak. Id. Dr. Shaw found that she did not have
the residual functional capacity to perform sedentary work.
Id. at 967. He opined that Plaintiff is
“unable to perform any significant work assignments due
to psychiatric illness. She is followed by a psychiatrist.