United States District Court, S.D. Ohio, Eastern Division
BRYCE A. WISEMAN, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
Chelsey M. Vascura, Magistrate Judge
OPINION AND ORDER
D. MORRISON, UNITED STATES DISTRICT JUDGE
Bryce Wiseman brings this action under 42 U.S.C. §§
405(g) and 1383(c)(3) for review of a final decision of the
Commissioner of Social Security (“Commissioner”)
denying his application for Social Security Disability
Insurance Benefits. This matter is before the Court on the
Plaintiff's Objection (ECF No. 18) to the Report and
Recommendation issued by the United States Magistrate Judge
on November 2, 2018 (ECF No. 17). The Magistrate Judge
recommends that the Court overrule Plaintiff's Statement
of Errors and affirm the Commissioner's decision. For the
reasons set forth below, the Court OVERRULES
Plaintiff's Objection, ADOPTS the
Magistrate Judge's Report and Recommendation, and
AFFIRMS the Commissioner's decision.
Magistrate Judge accurately described procedural background
as follows. Plaintiff filed his application for Title II
Social Security Disability Benefits on July 17, 2013,
alleging that he had been disabled since September 1, 2006.
(R. 256.) Plaintiff later amended his disability onset date
to April 16, 2013. Id. at 307. On October 20, 2016,
following initial administrative denials of Plaintiff's
application, a hearing was held before Administrative Law
Judge Jeffrey Hartranft (the “ALJ”). Id.
represented by counsel, appeared and testified at the
hearing. He testified that he had not worked since 2004, and
that his previous work included working as a night manager,
limo driver, security guard, material handler, filter
builder, glue gun operator, and hand sander. Id. at
97-105. Plaintiff also described pain from “arthritis
in every joint in my body” and difficulties due to
heart disease. Id. at 106-07. Plaintiff has had five
stents placed in his kidneys and two in his heart.
Id. at 107. He testified that he has difficulty
walking more than 20 feet and often has to sit down to rest
due to abnormal heart rhythms. Id. at 107, 110.
Plaintiff also stated he has difficulty walking due to
insufficient blood flow to his feet. Id. at 112.
Plaintiff was born without a rectum and has had life-long
digestive problems as a result. Id. at 121. Finally,
Plaintiff testified that he takes Xanax daily for anxiety and
takes extra doses when he has panic attacks. Id. at
Expert Carl Hartung (the “VE”), also testified.
Id. at 130-35. The VE classified Plaintiff's
past relevant work as security guard (categorized as
semi-skilled, light work), stores laborer (medium work),
filter assembler (light work), and hand sander (light work).
Id. at 130-31. The ALJ proposed a hypothetical
regarding Plaintiff's residual functional capacity
(“RFC”) to the VE, which limited Plaintiff to
light work. Id. at 132. The VE testified that,
assuming the limitations of the ALJ's hypothetical,
Plaintiff could return to his previous work only as a hand
sander. Id. at 132. However, the ALJ's
hypothetical required avoidance of exposure to pulmonary
irritants, including dust. Id. at 131. The ALJ
posited that the hand sander position would require exposure
to dust, which Plaintiff confirmed. Id. at 132. The
VE further testified that, assuming the limitations of the
ALJ's hypothetical, Plaintiff would be able to work as a
router, marker, or labeler. Id. at 133. When asked
to alter the hypothetical so that Plaintiff would be limited
to sedentary work, the VE testified that Plaintiff would not
be able to return to any of his past work, but that he would
be capable of working as an addresser, document preparer, or
spotter. Id. at 134.
state agency reviewing physicians assessed Plaintiff's
limitations based on file reviews dated March 6, 2014, and
June 19, 2014, respectively. Dr. Gary Hinzman, M.D., and Dr.
Lynne Torello, M.D., both found that Plaintiff could
occasionally lift or carry 20 pounds; could frequently lift
or carry 10 pounds; could stand, walk, or sit for six hours
of an eight-hour work day; had no limitations on pushing or
pulling; and could frequently climb, balance, stoop, kneel,
crouch, and crawl. Id. at 149-50, 166-67.
Mark Weaver, M.D., an examiner for the Social Security
Administration, opined following an examination on February
24, 2014, that Plaintiff was limited in sitting, standing,
walking, bending, twisting, lifting, and carrying, but did
not articulate the severity of these limitations.
Id. at 430-34. Dr. Weaver also observed that
Plaintiff became slightly short of breath after walking 40
Jeffrey Haggenjos, D.O., Plaintiff's treating physician,
issued a medical source statement dated February 24, 2016.
Id. at 797-800. Dr. Haggenjos opined that Plaintiff
could sit for no more than 10-15 minutes at a time; could
stand for no more than five minutes at a time; stand or walk
no more than two hours in an eight-hour work day; required
the opportunity to alternate positions; would need
unscheduled breaks lasting 15 minutes; would need to elevate
his legs for 10% of the day; would be off-task over 25% of
the work day; and was likely to miss four or more days of
work per month. Id. Dr. Haggenjos further concluded
that Plaintiff is “unable to work.” Id.
Dr. Shelly Dunmyer, M.D., an examiner for the Ohio Department
of Jobs and Family Services (“ODJFS”), conducted
a consultative examination on August 24, 2016. Id.
at 975-80. Dr. Dunmyer concluded that Plaintiff requires
moderate limitations in standing, walking, pushing, pulling,
and bending; and that Plaintiff could occasionally lift no
more than 10 pounds. Id.