United States District Court, S.D. Ohio, Western Division, Dayton
WILLIAM L. McGHEE, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
H. Rice District Judge
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 AN IMMEDIATE AWARD OF BENEFITS; AND
(3) THIS CASE BE CLOSED
Michael J. Newman 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”). This case is before the Court on
Plaintiff's Statement of Errors (doc. 8), the
Commissioner's memorandum in opposition (doc. 12),
Plaintiff's reply (doc. 13), the administrative record
(doc. 5),  and the record as a whole.
filed for SSI on September 23, 2008 claiming disability as a
result of a number of alleged impairments including,
inter alia, sciatica, bilateral carpal tunnel
syndrome, major depressive disorder, and an antisocial
personality disorder. PageID 608.
an initial denial of his application, Plaintiff received a
hearing before ALJ Roy J. Richardson on September 27, 2010.
PageID 55-62. The ALJ issued a written decision on October
27, 2010 finding Plaintiff not disabled. PageID 52-62. ALJ
Richardson's opinion was ultimately remanded by this
Court on November 20, 2013 for further proceedings.
McGhee v. Comm'r of Soc. Sec., No.
3:12-cv-320, 2013 U.S. Dist. LEXIS 165150 (S.D. Ohio Nov. 20,
remand, Plaintiff received a second administrative hearing
before ALJ Elizabeth A. Motta on October 29, 2014. PageID
752. ALJ Motta issued a written decision on May 15, 2015
again finding Plaintiff not disabled. PageID 771. Upon
Plaintiff's request for review, the Appeals Council
vacated ALJ Motta's non-disability decision and remanded
his claim for further assessment of a consulting
physician's medical opinion. PageID 781-83.
third time, on April 12, 2017, Plaintiff received an
administrative hearing -- before ALJ Mark Hockensmith -- who
issued a written opinion on July 20, 2017 also finding
Plaintiff not disabled. Specifically, ALJ Hockensmith found
at Step Five that, based upon Plaintiff's residual
functional capacity (“RFC”) to perform a reduced
range of light work,  “there are jobs that exist in
significant numbers in the national economy that [Plaintiff]
can perform[.]” PageID 43-50.
the Appeals Council denied Plaintiff's request for
review, making ALJ Hockensmith's non-disability finding
the final administrative decision of the Commissioner. PageID
29-31. 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). This July 20,
2017 non-disability finding by ALJ Hockensmith (hereinafter
“ALJ”) is now before the court for review.
Evidence of Record
evidence of record is adequately summarized in the ALJ's
decision (PageID 608-27), Plaintiff's Statement of Errors
(doc. 8), the Commissioner's memorandum in opposition
(doc. 12), and Plaintiff's reply (doc. 13). 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 ...