Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tackett v. Commissioner of Social Security

United States District Court, N.D. Ohio

May 28, 2019

JODI L. TACKETT, Plaintiff,
v.
COMMISSIONER OF Social Security, Defendant.

          JACK ZOUHARY, JUDGE

          REPORT & RECOMMENDATION

          William H. Baughman, Jr., United States Magistrate Judge

         Introduction

         Before me by referral[1] is an action by Jodi Tackett under 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income. Substantial evidence supports the ALJ's decision. I, therefore, recommend the Commissioner's decision be affirmed.

         Issues Presented

         This case presents two issues:

• The ALJ gave the opinion of Christian Oberlies, a mental health counselor, little weight. As reasons, the ALJ stated that the objective evidence did not support the severity opined, and Tackett's level of daily activity and interactions were inconsistent with the limitations identified. Does substantial evidence support the ALJ's weight assignment?
• The ALJ found that Tackett's alleged fibromyalgia was not a medically determinable impairment. Does substantial evidence support that finding?

         Facts

         Tackett was 36 years old as of the date of decision. The ALJ determined Tackett possessed the residual functional capacity (“RFC”) to perform sedentary work, with additional postural and mental limitations.[2] Tackett's severe impairments include: congestive heart failure, status post defibrillator; status post gastric bypass surgery; obstructive sleep apnea; osteoarthritis of the bilateral knees; bursitis of the hips; psoriasis; bipolar disorder; post-traumatic stress disorder; and alcohol abuse in reported remission.[3]The ALJ found Tackett's alleged fibromyalgia not a medically determinable impairment for failure to meet the American College of Rheumatology (“ACR”) criteria.[4]

         Analysis

         The Sixth Circuit in Buxton v. Halter reemphasized the standard of review applicable to decisions of the ALJs in disability cases:

Congress has provided for federal court review of Social Security administrative decisions. However, the scope of review is limited under 42 U.S.C. § 405(g): “The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive. . . .” In other words, on review of the Commissioner's decision that claimant is not totally disabled within the meaning of the Social Security Act, the only issue reviewable by this court is whether the decision is supported by substantial evidence. Substantial evidence is “‘more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'”
The findings of the Commissioner are not subject to reversal merely because there exists in the record substantial evidence to support a different conclusion. This is so because there is a “zone of choice” within which the Commissioner can act, without the fear of court interference.[5]

         Viewed in the context of a jury trial, all that is necessary to affirm is that reasonable minds could reach different conclusions on the evidence. If such is the case, the Commissioner survives “a directed verdict” and wins.[6] The court may not disturb the Commissioner's findings, even if the preponderance of the evidence favors the claimant.[7]

         I will review the findings of the ALJ at issue here consistent with that deferential standard.

         A. Treatment of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.