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Riley v. Commissioner of Social Security

United States District Court, S.D. Ohio, Western Division, Dayton

January 24, 2018

AMY L. RILEY, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

         REPORT AND RECOMMENDATION [1]THAT: (1) THE ALJ'S NON-DISABILITY FINDING 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

          Thomas M. Rose District Judge.

          MICHAEL J. NEWMAN UNITED STATES MAGISTRATE JUDGE.

         This is 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”). This case is before the Court upon Plaintiff's Statement of Errors (doc. 6), the Commissioner's memorandum in opposition (doc. 7), Plaintiff's reply (doc. 8), the administrative record (doc. 4), [2] and the record as a whole.

         I.

         A. Procedural History

         Plaintiff filed an application for SSI on October 17, 2013 (PageID 215-17) alleging disability as a result of a number of alleged impairments including, inter alia, mild degenerative disk disease of the lumbosacral spine, depressive disorder, and post-traumatic stress disorder (“PTSD”). PageID 63.

         After an initial denial of her application, Plaintiff received a hearing before ALJ Mark Hockensmith on November 9, 2015. PageID 76-121. The ALJ issued a decision on December 9, 2015 finding Plaintiff not disabled. PageID 61-69. Specifically, the ALJ found at Step Five that, based upon Plaintiff's RFC to perform a reduced range of medium work, [3] “there are jobs that exist in significant numbers in the national economy that [Plaintiff] can perform[.]” PageID 65-69.

         Thereafter, the Appeals Council denied Plaintiff's request for review, making the ALJ's non-disability finding the final administrative decision of the Commissioner. PageID 41-43. 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).

         B. Evidence of Record

         The evidence of record is adequately summarized in the ALJ's decision (PageID 61-69), Plaintiff's Statement of Errors (doc. 6), the Commissioner's memorandum in opposition (doc. 7), and Plaintiff's reply (doc. 8). The undersigned incorporates all of the foregoing and sets forth the facts relevant to this appeal herein.

         II.

         A. Standard of Review

         The 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 Court must consider the record as a whole. Hephner v. Mathews, 574 F.2d 359, 362 (6th Cir. 1978).

         Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971). When substantial evidence supports the ALJ's denial of benefits, that finding must be affirmed, even if substantial evidence also exists in the record upon which the ALJ could have found Plaintiff disabled. Buxton v. Halter, 246 F.3d 762, 772 (6th Cir. 2001). Thus, the ALJ has a “‘zone of choice' within which he [or she] can act without the fear of court interference.” Id. at 773.

         The second judicial inquiry -- reviewing the correctness of the ALJ's legal analysis --may result in reversal even if the ALJ's decision is supported by substantial evidence in the record. Rabbers v. Comm'r of Soc. Sec., 582 F.3d 647, 651 (6th Cir. 2009). “[A] decision of the Commissioner will not be upheld where the [Social Security Administration] fails to follow its own regulations and where that ...


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