United States District Court, S.D. Ohio, Western Division, Dayton
H. Rice District Judge
REPORT AND RECOMMENDATIONS 
L. OVINGTON UNITED STATES MAGISTRATE JUDGE
Phyllis Baldwin brings this case challenging the Social
Security Administration's denial of her application for
period of disability and Disability Insurance Benefits. She
applied for benefits on January 6, 2012, asserting that she
could no longer work a substantial paid job. Administrative
Law Judge (ALJ) Scott R. Canfield concluded that she was not
eligible for benefits because she is not under a
“disability” as defined in the Social Security
Appeals Council denied Plaintiff's request for review,
and she filed a previous action in United States District
Court for the Southern District of Ohio. See Baldwin v.
Comm'r of Soc. Sec., No. 3:15-cv-419, Doc. #s 8-9
(S.D. Ohio April 21, 2016). Upon the parties' Joint
Motion for Remand, the Court vacated the Commissioner's
decision and remanded the case pursuant to sentence four of
42 U.S.C. § 405(g) for further administrative
proceedings. Id. Upon remand, ALJ Gregory G. Kenyon
determined that Plaintiff was not eligible for benefits
because she is not under a disability.
case is before the Court upon Plaintiff's Statement of
Errors (Doc. #8), the Commissioner's Memorandum in
Opposition (Doc. #12), Plaintiff's Reply (Doc. #13), and
the administrative record (Doc. #s 6-7).
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 Kenyon's non-disability decision.
asserts that she has been under a “disability”
since June 7, 2011. She was fifty-one years old at that time
and was therefore considered a person “closely
approaching advanced age” under Social Security
Regulations. See 20 C.F.R. § 404.1563(d). She
has a high school education. See Id. §
testified at the hearing before ALJ Kenyon that she has pain
in her lower back, neck, and shoulders. (Doc. #7,
PageID #719). She described her back pain as
“sharp” and, on a ten-point scale, she rated it
at ten. Id. The pain radiates down her left leg and
is starting to go down her right leg as well. Id. at
720. Her legs are unstable and she has lost her balance and
fallen a few times. Id. Her pain also causes
problems with bending, sitting, and standing. Id. at
721. Plaintiff has tried many different types of
treatment-pain management, physical therapy, water therapy,
injections. Id. Each helped at first but her pain
never went away completely. Id.
explained that her neck pain is “throbbing.”
Id. at 722. On a ten-point scale, it is usually
eight or nine. Id. She has trouble turning her
head-“I get kind of dizzy and my head feels like
… one of those wobble things.” Id.
has pain in her neck and shoulders because of fibromyalgia.
Id. at 726. The pain “can go from burning to
stabbing to numbness like. It's just constantly
there.” Id. It is typically eight or nine on a
scale from one to ten. Id. He fibromyalgia also
causes her to have trouble sleeping. Id. at 726-27.
She lies down for about eight hours but usually only gets two
hours of good sleep. Id. at 727.
has carpal tunnel syndrome in both wrists but it is worse in
her left wrist. Id. at 723-24. She has pain in her
wrists, her finger, and her thumb. Id. at 723. She
has difficulty opening or gripping things. Id. She
sometimes needs help zipping zippers, buttoning buttons, and
using a fork and knife. Id. at 724. The more she
uses her hands, the worse they hurt. Id. at 733. She
tried physical therapy, and it helped for a while when she
first started having problems. Id. at 735. She has
not had surgery because her sisters had it and it did not
seem to help. Id. at 734.
experiences migraines every day. Id. at 727. They
last most of the day. Id. Although, “I can
sometimes use an icepack and it kind of calms it down, but it
never goes away.” Id. She generally starts
every day with an icepack in the dark. If the migraine
subsides a little bit, she is able to partially open the
curtains. Id. at 733. Two or three times a week, she
has to go back into her bedroom later in the day with an
icepack to lay down for three to four hours. Id. If
she is having a really bad migraine, she has sensitivity to
light and loud noises. Id. at 728.
has a history of hearing loss. Id. at 725. When she
had surgery on a tumor, the surgeon went through one of her
eardrums, causing it to rupture. Id. She cannot hear
anything on that side. Id. She has not tried ...