United States District Court, S.D. Ohio, Western Division, Dayton
District Judge, Walter H. Rice
REPORT AND RECOMMENDATION  THAT: (1)
THE NON-DISABILITY FINDING 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
MICHAEL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
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
Plaintiff's Statement of Errors (doc. 9), the
Commissioner's memorandum in opposition (doc. 11),
Plaintiff's reply (doc. 12), the administrative record
(doc. 6), and the record as a whole.
filed for DIB and SSI alleging a disability onset date of
November 11, 2013. PageID 231-43. Plaintiff claims disability
as a result of a number of alleged impairments including,
inter alia, congestive heart failure, chronic
obstructive pulmonary disease (“COPD”), a spine
disorder, hypertension, diabetes mellitus, anxiety, and
carpal tunnel syndrome. PageID 44.
initial denial of his applications, Plaintiff received a
hearing before ALJ Eric Anschuetz on November 12, 2015.
PageID 64-93. The ALJ issued a written decision on March 2,
2016 finding Plaintiff not disabled. PageID 41-58.
Specifically, the ALJ found at Step Five that, based upon
Plaintiff's residual functional capacity
(“RFC”) to perform a reduced range of light work,
“there are jobs in that exist in significant numbers in
the national economy that [he] can perform[.]” PageID
the Appeals Council denied Plaintiff's request for
review, making the ALJ's non-disability finding the final
administrative decision of the Commissioner. PageID 28-33.
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 44-56), Plaintiff's Statement of Errors
(doc. 9), the Commissioner's memorandum in opposition
(doc. 11), and Plaintiff's reply (doc. 12). 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 Court
must consider the record as a whole. Hephner v.
Mathews, 574 F.2d 359, 362 (6th Cir. 1978).
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