United States District Court, S.D. Ohio, Western Division
JESSICA L. TIPTON, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
District Judge Thomas M. Rose
AND RECOMMENDATION THAT: (1) THE
NON-DISABILITYFINDING AT ISSUE 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
Magistrate Judge Michael J. Newman
a Social Security disability benefits appeal. At issue is
whether the Administrative Law Judge (“ALJ”)
erred in finding Plaintiff not “disabled” and
therefore unentitled to Supplemental Security Income
(“SSI”) and/or Disability Insurance Benefits
(“DIB”). This case is before the Court upon
Plaintiffs Statement of Errors (doc. 6), the
Commissioner's memorandum in opposition (doc. 7), the
administrative record (doc. 5), and the record as a
filed applications for SSI and DIB asserting disability as of
June 2, 2013. PageID 214-26. Plaintiff claims disability as a
result of a number of impairments including, inter
alia, seizures and a mild neurological cognitive
disorder. PageID 37.
initial denials of her applications, Plaintiff received a
hearing before ALJ Benjamin Chaykin on October 8, 2015.
PageID 54-95. The ALJ issued a decision on November 19, 2015
finding Plaintiff not disabled. PageID 35-46. Specifically,
the ALJ found at Step Five that, as a result of
Plaintiff's residual functional capacity
(“RFC”) to perform a full range of work at all
exertional levels subject to nonexertional limitations,
“there are jobs that exist in significant numbers in
the national economy that [Plaintiff] can perform[.]”
the Appeals Council denied Plaintiff's request for
review, making the ALJ's non-disability finding the final
administrative decision of the Commissioner. PageID 24-26.
See Casey v. Sec'y of Health & Human Servs.,
987 F.2d 1230, 1233 (6th Cir. 1993). Plaintiff then filed
this timely appeal. Cook v. Comm'r of Soc. Sec.,
480 F.3d 432, 435 (6th Cir. 2007).
Evidence of Record
evidence of record is adequately summarized in the ALJ's
decision (PageID 35-46), Plaintiff's Statement of Errors
(doc. 6) and the Commissioner's memorandum in opposition
(doc. 7). The undersigned incorporates all of the foregoing
and sets forth the facts relevant to this appeal herein.
Standard of Review
Court's inquiry on a Social Security appeal is to
determine (1) whether the ALJ's non-disability finding is
supported by substantial evidence, and (2) whether the ALJ
employed the correct legal criteria. 42 U.S.C. § 405(g);
Bowen v. Comm'r of Soc. Sec.,478 F.3d 742,
745-46 (6th Cir. 2007). In performing this review, the ...