United States District Court, S.D. Ohio, Western Division, Dayton
KENTORIA A. JOHNSON, Plaintiff,
COMMSSIONER OF THE SOCIAL SECURTY ADMINISTRATION, Defendant.
M. Rose District Judge
REPORT AND RECOMMENDATIONS 
L. Ovington United States Magistrate Judge
Kentoria A. Johnson applied for Disability Insurance Benefits
and Supplemental Security Income in March 2014, asserting
that as of February 4, 2014, she could no longer work due to
intracranial hypertension (brain inflammation), elevated
cerebrospinal fluid, demyelinating disease of central nervous
system, severe migraines, shoulder pain, upper and lower back
pain, anxiety, depression, and obsessive-compulsive disorder.
(Doc. #6, PageID #355).
Law Judge Benjamin Chaykin concluded that Plaintiff was not
eligible for benefits because she was not under a disability.
He consequently denied Plaintiff's applications.
Plaintiff brings this case challenging ALJ Chaykin's
Plaintiff And Her Testimony
was 36 years old, or a “younger” person, on the
date she assertedly became disabled. See 20 C.F.R.
§§ 404.1563(c), 416.963(c). She has a high school
education. Before she applied for benefits, she worked as a
home health aide, sales clerk, and store laborer.
an administrative hearing before ALJ Chaykin, Plaintiff
testified that she is single. Her pet dog and her 20-year-old
son live with her. She has a driver's license and drives
once or twice a week to doctor appointments. She otherwise
drives once a month to pick up things she needs like
groceries. Her son does most of the grocery shopping. She
feels uncomfortable going out because she does not like being
around people. She feels like she's always being watched
when she leaves home, and it makes her feel very
last worked full time in 2013 as a home health aide. That job
ended when her employer went out of business. She testified,
“that's when I started to go under too. I was
having some mental issues that [were] affecting my
work.” (Doc. #6, PageID #105). She explained
that she unsuccessfully tried to find another job.
Id. at 107.
testified that pain in her legs and knees from multiple
sclerosis makes her unable to sit too long. She estimates
that she could stand for 15-20 before her legs will give out.
Id. at 107-08. She was “having falls”
when her legs gave out. Id. at 108.
weeks before the ALJ's hearing, she fell and broke her
foot. Id. at 108, 121-23. Her foot was placed in a
cast for two weeks and then in a boot, which she was still
wearing at the time of the hearing. Plaintiff told ALJ
Chaykin: “I was standing, trying to do some activities
around the house and I just fell. I stood up for too long and
… I didn't trip over anything, I didn't fall
over anything, I just fell. My legs just-slid out from up
under me.” Id. at 121. She noted that she will
first get dizzy, then lightheaded, and then her legs will go
out. Id. at 122. She will sometimes fall when
she's “not even walking.” Id. at
testified that she suffered headaches about twice a week. Her
headaches are “more like migraines”-they
immobilize her by making her sick to her stomach and causing
her to throw up and become weak. Id. at 111. Lying
down flat makes her headaches worse. She explained, “I
have to be in a certain position to kind of get them to go
away. I have so many things that I do to try to cater to
these headaches as much as I can so that they don't come
on so much, but if the meds [are] only doing so much then
there's only so much that I can do too.”
Id. at 112. Her prescribed meds include Depakote to
help prevent headaches, Diamox to keep her spinal fluid down,
and Amitriptyline to suppress her headaches. Id. at
112. When she feels a headache coming on, she needs to turn
off the lights and “prop myself in the proper position
to lay back with my towel over my eyes.” Id.
at 119-20. Noise and extreme light will bring on a headache
or make it worse. If she stands too long, she will get a
headache and get dizzy. Headaches also cause her vision to
get “real blurry to where [she] can't see much of
anything.” Id. at 121. Her briefest headache
lasted three hours; her longest lasted six hours.
Id. at 120. Once her headache subsides, she is able
to go back to normal activities.
asked about her vision, Plaintiff testified that she gets
blurry vision a lot. Sometimes she will “just have a
blur go across [her] eye.” Id. at 116. From
time to time her vision gets “pitch black for a couple
of seconds.” Id. at 117. She underwent Lasik
surgery to repair holes and tears in the back of her retinas.
She uses eye drops. Every morning her eyes are stuck
together, and she must “peel them apart because of all
the mucus that gets in [her] eye.” Id.
described a typical day as making coffee, taking care of
personal hygiene, and then eating breakfast. Id. at
123. She feeds her dog but does not walk him. She testified
that her meds “kind of immobilize” her and lead
her to take naps. Id. at 125. Her son takes care of
the housecleaning and helps with the laundry because she is
unable to reach into the dryer. Id. at 118, 125-26.
She would not be able to reach forward, fold towels, or put
things together on a table in front of her for three or six
hours per day. Id. at 118-19. Her son stays with her
“mostly everywhere [she] goes because he's really
concerned about [her], so he says.” Id. at
administrative record contains many medical records plus
opinions from non-treating medical sources. A detailed
description of those records and opinions is unnecessary
because the undersigned has reviewed the entire
administrative record and because both the ALJ and
Plaintiff's counsel have summarized the relevant records
concerning Plaintiff's physical and mental impairments
with citations to specific evidence. The Commissioner relies
on the ALJ's recitation of the facts. Additionally, it
should be noted that none of Plaintiff's treating or
examining medical sources have provided an opinion concerning
her ability to perform work activities.