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.

Snell v. Commissioner of Social Security

United States District Court, S.D. Ohio, Western Division, Dayton

July 29, 2019

SHERRY L. SNELL, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

         DECISION 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 COURT'S DOCKET

          Michael J. Newman United States Magistrate Judge.

         This is 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”).[1] 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), [2] and the record as a whole.

         I.

         A. Procedural History

         Plaintiff 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.

         Thereafter, 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.

         After 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, [3] “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).

         The 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.

         B. Evidence of Record

         The 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.

         II.

         A. Standard of Review

         The 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 ...


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.