United States District Court, S.D. Ohio, Eastern Division
JODIE M. MAXWELL, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
Algenon L. Marbley Judge.
REPORT AND RECOMMENDATION
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE.
Jodie M. Maxwell, brings this action under 42 U.S.C. §
405(g) and 1383(c) seeking review of a final decision of the
Commissioner of Social Security (“Commissioner”)
denying her applications for disability insurance benefits
(“DIB”) and supplemental security income
(“SSI”). For the reasons set forth below, it is
RECOMMENDED that Plaintiff's Statement
of Errors (Doc. 8) be OVERRULED, and that
judgment be entered in favor of Defendant.
filed her applications for DIB and SSI on September 26, 2013,
alleging disability beginning on October 13, 2009. (Tr. 17,
PAGEID #: 57). She later amended her onset date to March 6,
2014. (Tr. 272, PAGEID #: 315). The date last insured was
December 31, 2015. (Tr. 18, PAGEID #: 58). Administrative Law
Judge Thomas L. Wang (the “ALJ”) held a hearing
on January 28, 2016. (Tr. 36-44, PAGEID #: 76-84). Plaintiff
did not appear. (Id.). Plaintiff showed good cause
for not appearing, and a second hearing was held on May 11,
2016. (Tr. 17, 45-62, PAGEID #: 57; 85-102). On June 16,
2016, the ALJ issued a decision denying Plaintiff's
applications for benefits. (Tr. 17-28, PAGEID #: 57-68). The
Appeals Council denied Plaintiff's request for review,
making the ALJ's decision the final decision of the
Commissioner. (Tr. 1-7, PAGEID #: 41-47).
filed the instant case seeking a review of the
Commissioner's decision on September 22, 2017. (Doc. 1).
Plaintiff filed her Statement of Errors on March 26, 2018
(Doc. 8), Defendant filed an Opposition (Doc. 9), and no
reply was filed.
Relevant Hearing Testimony
January 28, 2016 Hearing
did not appear at her initial hearing due to transportation
issues, but her attorney was present. (Tr. 38-39, PAGEID #:
78-79). At the hearing, the ALJ asked Plaintiff's counsel
if there were any documents or exhibits that were still
outstanding, to which counsel replied “[t]he
record's complete, Your Honor.” (Tr. 39, PAGEID #:
May 11, 2016 Hearing
was present and represented by the counsel for the second
hearing. (Tr. 47, PAGEID #: 87). The ALJ began
Plaintiff's second hearing as follows:
ALJ: Any additional documents to present today?
Atty: No, Your Honor.
ALJ: And the record [is] complete?
hearing, Plaintiff's counsel clarified that
Plaintiff's alleged onset date was amended from October
2009 to March 6, 2014. (Tr. 48, PAGEID #: 88). Plaintiff
testified that, even after March 6, 2014, she worked part
time at Golden Corral and Funk's Ice Cream, but was fired
due to behavioral issues. (Tr. 49, PAGEID #: 89). More
specifically, Plaintiff stated that at Golden Corral she
“got really angry with the manager and  threw a pan
at him[, ]” and, at Funk's, she started crying at
work and was subsequently let go. (Id.).
testified that her mental health issues cause her inability
to work; she has no physical issues that prevent her from
working. (Tr. 50, PAGEID #: 90). When asked by the ALJ why
Plaintiff believes she is unable to work, she testified that
“there's days that I don't even want to get out
of bed and there's days that I'm just angry at people
and I just don't want to be around nobody.”
(Id.). Plaintiff's counsel later asked what her
biggest problem was regarding work, and she responded
“[b]eing around people.” (Tr. 56, PAGEID #: 96).
Plaintiff later explained that she doesn't “like
when people come at [her] in an angry way because then
[she]'ll flip out on them.” (Tr. 52, PAGEID #: 92).
also testified that she experiences significant stress and
worries daily. (Tr. 51, PAGEID #: 91). When asked what
induces her stress, she responded “[i]t's just that
I really don't like people.” (Tr. 53, PAGEID #:
93). Plaintiff further testified that she has mood swings
“every other day, maybe every day.” (Tr. 55,
PAGEID #: 95). Although Plaintiff takes medications for her
mental health, she testified they do not help. (Tr. 51,
PAGEID #: 91). Plaintiff stated her therapy “helps a
little bit but not as much as it should.”
(Id.). Plaintiff testified that she used illegal
drugs previously, but had not used cocaine in years and
indicated she had been clean from drugs “for about
going on four years now.” (Id.).
time of the hearing, Plaintiff lived with her mom and stepdad
and testified as to her relationship with them:
Q: How's your relationship with them?
A: I hate my stepdad. I wish I could kill him.
Q: Okay. Do you get into altercations with him?
A: Yeah. We just did yesterday.
Q: What - how about your mom?
A: I get a tude [sic] with her sometimes, but not like I do
Q: Okay. What sort of things make you mad that she does?
A: She tells me - just basically they get on my - I don't
know what to say.
(Tr. 54, PAGEID #: 94). Plaintiff also explained that she was
single because she used to physically abuse her
ex-girlfriend: “I just-she would argue with me and then
I'd just get mad and hit her.” (Id.).
Plaintiff testified that she was previously incarcerated for
domestic violence. (Tr. 54-55, PAGEID #: 94-95).
terms of daily activities, Plaintiff testified that she tries
to help her mom out around the house, but she doesn't
have the motivation. (Tr. 55, PAGEID #: 95). Plaintiff stated
that she hates going to stores ...