United States District Court, S.D. Ohio, Western Division, Dayton
SHERRY L. SNELL, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
AND ENTRY: (1) REVERSING THE ALJ'S NON-DISABILITY FINDING
AS UNSUPPORTED BY SUBSTANTIAL EVIDENCE; (2) REMANDING THIS
CASE UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(G) FOR
FURTHER PROCEEDINGS; AND (3) TERMINATING THIS CASE ON THE
Michael J. Newman United States 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 Disability Insurance Benefits
(“DIB”) and/or Supplemental Security Income
(“SSI”). This case is before the Court on
Plaintiff's Statement of Errors (doc. 13), the
Commissioner's memorandum in opposition (doc. 16),
Plaintiff's reply (doc. 17), the administrative record
(doc. 7),  and the record as a whole.
originally filed for DIB and SSI on August 1, 2012. PageID
125. Ultimately, she received a hearing before ALJ
Christopher L. Dillion, who authored an opinion on February
21, 2014, finding Plaintiff not disabled. PageID 125-37. No
appeal of this decision was taken.
on December 18, 2014, Plaintiff re-filed for DIB and SSI
alleging a disability onset date of March 1, 2014. PageID 58.
In that second application, Plaintiff claimed disability as a
result of a number of alleged impairments including,
inter alia, Crohn's disease, obesity, residual
effects from gastric sleeve surgery, and borderline
intellectual functioning. PageID 61.
an initial denial of her second application, Plaintiff
received a hearing before ALJ Elizabeth A. Motta on January
9, 2017. PageID 100-20. ALJ Motta issued a written decision
on September 25, 2017 finding Plaintiff not disabled. PageID
58-70. Specifically, ALJ Motta 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 64-70. This opinion was consistent with
Drummond because Plaintiff submitted new and
material evidence to her file after the disposition of first
filing. Drummond v. Comm'r of Soc. Sec., 126
F.3d 837 (6th Cir. 1997).
Appeals Council subsequently denied Plaintiff's request
for review, making ALJ Motta's non-disability finding the
final administrative decision of the Commissioner. PageID
47-50. 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 September
25, 2017 non-disability finding by ALJ Motta (hereinafter
“ALJ”) is now before the Court for review.
Evidence of Record
evidence of record is adequately summarized in the ALJ's
decision (PageID 58-70), Plaintiff's Statement of Errors
(doc. 13), the Commissioner's memorandum in opposition
(doc. 16), and Plaintiff's reply (doc. 17). 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 ...