United States District Court, S.D. Ohio, Eastern Division
JOHN L. GLAZE, Plaintiff,
COMMISIONER OF SOCIAL SECURITY, Defendant.
A. Sargus, Jr. Chief Judge.
REPORT AND RECOMMENDATION
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE.
John L. Glaze brings this action under 42 U.S.C. §
405(g) seeking review of a final decision of the Commissioner
of Social Security (“Commissioner”) denying his
application for Disability Insurance Benefits
(“DIB”). For the reasons set forth below, it is
RECOMMENDED that Plaintiff's Statement
of Errors (Doc. 9) be OVERRULED and that
judgment be entered in favor of Defendant.
filed his application for SSI on July 21, 2015, alleging that
he was disabled beginning June 26, 2010. (Doc. 7, Tr.
298-304). After his application was denied initially and on
reconsideration, the Administrative Law Judge (the
“ALJ”) held a hearing on August 30, 2017. (Tr.
167-212). On February 14, 2018, the ALJ issued a decision
denying Plaintiff's application for benefits. (Tr.
149-66). The Appeals Council denied Plaintiff's request
for review, making the ALJ's decision the final decision
of the Commissioner. (Tr. 2-8).
filed the instant case seeking a review of the
Commissioner's decision on July 23, 2018 (Doc. 1), and
the Commissioner filed the administrative record on October
16, 2018 (Doc. 7). Plaintiff filed his Statement of Errors
(Doc. 9) on November 30, 2018, Defendant filed an Opposition
(Doc. 10) on January 30, 2019, and Plaintiff filed his Reply
(Doc. 14) on February 23, 2019. Thus, this matter is now ripe
usefully summarized Plaintiff's hearing testimony:
The claimant testified that he lives by himself and is in the
process of selling his condominium, though he has a renter in
it at the time of the hearing time. He works a seasonal job
with friends at the Haunted Hoochie Halloween house,
reporting that he sits and collects 3D glasses from patrons.
He enjoys ghost hunting activities and engaged in them with
others typically in a small group; however, it has gotten
expensive. He uses Facebook and connects with friends online.
He described having some issues with paying attention, noting
that during a movie, he may drift off and miss a few scenes
and with respect to reading, he noted that noting holds his
interest. He reported experiencing nightmare[s] and the next
day does not want to be around others.
Relevant Medical History
Statement of Errors concerns his use of an assistive device
to walk and impairments related to his mental health. The
Court summarizes medical evidence pertaining to the same.
With respect to Plaintiff's use of an assistive device,
the record reflects that:
[i]n February 2015, while roller skating, the claimant
sustained an ankle fracture which required open reduction
internal fixation. It is of note that the claimant had the
procedure in February and by May was doing very well, with
minimal swelling good strength and a healed fracture
confirmed by imaging. He was to wean from his walking boot
and was released from the orthopedist's care. It is of
note that although the claimant received a cane in March 2015
after his surgery, in May 2015, he did not wish to pursue
physical therapy and there is no evidence in the record to
document the need for an ambulatory aid beyond the natural
healing time for this injury. While he was noted to have a
pronated gait, he was noted to use no ambulatory aid.
Additionally, while the claimant reported some morning ankle
stiffness to his podiatrist, there is only evidence of some
reduced plantar flexion of his left ankle in August 2015, as
well as some diminished protective sensation to the left toes
and decreased sensation to the left great toe, which could be
a residual effect from his injury or his poorly controlled
diabetes mellitus. However, the rest of his sensation
examinations were intact and he was noted to have 5/5
strength in the lower extremities and no edema.
(Tr. 156 (internal citations omitted)).
also thoroughly summarized evidence related to
Plaintiff's mental health:
Treatment notes from his providers indicate that the claimant
at times is depressed or anxious, though he is elsewhere [was
noted] to be alert, oriented, attentive and in no acute
distress. His psychologist typically described the claimant
as maintaining good eye contact, displaying no psychomotor or
speech problems, being alert and oriented or presenting
without signs of psychosis, thought disorder, or acute
distress. While he described a low mood and reported
anxiety, his mood was typically within normal limits, he
displayed an appropriate range of affect and there was no
apparent problems with attention, concentration, or remote or
recent memory. While the claimant reports intermittent
auditory hallucinations to both his psychiatrist and
psychologist at the Veterans Administration Medical Center
(VAMC), he is not noted to be responding to internal stimuli
and he has acknowledged that he knows it is not real and his
judgment and insight were typically noted as adequate or
intact. The claimant's psychiatrist typically noted the
claimant to have a variable range of mood and affect; though
it was typically noted that his speech was clearly
articulated and non-pressured, this thought process is
linear, logical, and organized, and his cognition was grossly
intact. The claimant reported to his treating
sources that he enjoyed his seasonal work, engaged with
others using online sites such as Meet-up and he was able to
attend and participate in a group therapy setting. At times,
he noted that he was not invited to ...