United States District Court, S.D. Ohio, Western Division
District Judge Walter H. Rice
REPORT AND RECOMMENDATIONS 
L. Ovington United States Magistrate Judge
Rebecca Owen brings this case challenging the Social Security
Administration's denial of her applications for period of
disability, Disability Insurance Benefits, and Supplemental
Security Income. She applied for benefits on July 23, 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. #10), Plaintiff's Reply (Doc. #11), 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 's non-disability decision.
asserts that she has been under a “disability”
beginning May 1, 2013. She was thirty-one years old at that
time and was therefore considered a “younger
person” under Social Security Regulations. See
20 C.F.R. §§ 404.1563(c), 416.963(c). She has at
least a high school education. See 20 C.F.R.
§§ 404.1564(b)(4), 416.964(b)(4).
testified at the hearing before ALJ Kenyon that she has a lot
of pain. (Doc. #6, PageID #s 62-63). “A lot of
[her] pain is from the waist down.” Id. at 63.
She has had lower back pain for three or four years.
Id. She described this pain as “like a
pinching, just uncomfortable.” Id. On a scale
from one to ten, she would place her pain at six.
Id. For her pain, she takes ibuprofen three times a
day; uses a massage chair for about an hour as often as every
day; and takes hot baths. Id. at 63-64.
described her hip pain as uncomfortable and “[m]aybe a
throbbing.” Id. She would rate the pain at
five or six on a ten-point scale. Id. She also has
pain through her legs and knees. Id. at 65. That
pain is usually an eight. Id. Additionally, she
occasionally has swelling and “[a] lot of popping
whenever I move my legs. Cracking, popping.”
has fibromyalgia. Id. at 75. She has pain on a daily
basis and tense muscles. Id. She has tenderpoints in
her shoulders, neck, part of her back, legs, and arms.
Id. at 76. She also has sciatica. Id. She
explained, “it causes a pinching and burning feeling on
whatever side it's on, and it's swelling. And pain
shoots down my leg. So, every time that I go to walk,
whichever side it's on, it causes a lot of pain.”
has diabetes. Id. at 65. She tests her blood glucose
every other day and takes pills for it. Id. She has
high blood sugar a couple times a week. Id. at 73.
When her sugar is high, she gets a headache or starts
sweating. Id. If she takes her medication, “it
usually takes about an hour to come down.” Id.
She experiences neuropathy in her hands and feet.
Id. at 66. It causes numbness and tingling in her
feet “pretty much all of the time” and in her
hands three times a week. Id. at 66, 73. In her
hands, the numbness usually lasts a few hours. Id.
has had some problems with her immune system. Id. at
66. She explained, “if anybody is sick, I'm going
to catch it.” Id. at 67. She is also always
tired. Id. She spends most her day lying down.
Id. She gets bronchitis three times a year.
Id. at 80. Every time she gets it, she is usually in
bed for a couple weeks. Id.
also has kidney stones-one every two to three months.
Id. at 80. They cause pain in her kidneys and lower
back, nausea, and sometimes vomiting. Id. When she
has them, her pain is at ten. Id. at 81. She
typically passes it in three days or it has to be surgically
has Cushing's syndrome. Id. at 77. Her symptoms
include thinning in her legs and hips and
discoloration-“it gets red, white, purple, spidery
discoloration.” Id. She has it a few times a
week and lasts all day. Id. at 78.
has been diagnosed with an anxiety disorder and depression.
Id. at 67. Her “anxiety is, kind of, under
control, ” but she still has shakiness and struggles
with being around people.” Id. at 68. She only
leaves her home “when [she] absolutely [has] to.”
Id. at 69. Leaving for the hearing was the first
time she left home in a couple weeks. Id. She can
leave the house by herself but she usually has her husband
take her anywhere she needs to go. Id. She takes
Klonopin for depression. Id. at 68. However, she
still has crying spells three or four times a week.
Id. The spells usually last an hour. Id. at
74. She also has trouble focusing on reading. Id. at
68. When Plaintiff gets “really angry[, ]” she
sometimes pulls out her hair. Id. at 78. It happens
about once a week. Id. at 79.
sometimes hears things-usually music or people talking-that
are not there. Id. at 78. She experiences this
almost every night. Id. When she hears things, she
cannot sleep. Id. at 79. When she cannot sleep, it
causes her anxiety. Id.
testified that she believes that she is not able to work a
full-time job because of “all the pain that [she
has].” Id. at 72. “And whenever I'm
around people, I get sick. Even with doctor notations, the
amount of work that I miss, I'm not a reliable person.
And I end up losing my job.” Id. She has been
let go from every job (except one) that she has had because
she was absent so often. Id.
lives in an apartment with her husband and cats. Id.
at 61, 71. On a typical day, she wakes up at 7:30 or 8:00
a.m., and “my main priority is the cats. Just make sure
they're taken care of. And ...