United States District Court, S.D. Ohio, Eastern Division
MICHAEL H. WATSON, JUDGE.
REPORT AND RECOMMENDATION
ELIZABETH A. PRESTON DEAVERS, CHIEF UNITED STATES MAGISTRATE
Karissa Jean Moody, brings this action under 42 U.S.C. §
405(g) for review of a final decision of the Commissioner of
Social Security (“Commissioner”) denying her
application for disability insurance benefits and
supplemental security income. This matter is before the
United States Magistrate Judge for a Report and
Recommendation on Plaintiff's Statement of Errors (ECF
No. 8), the Commissioner's Memorandum in Opposition (ECF
No. 14) and the administrative record (ECF No. 7). Plaintiff
did not file a Reply. For the reasons that follow, it is
RECOMMENDED that Plaintiff's Statement
of Errors be OVERRULED and that the
Commissioner's decision be AFFIRMED.
filed applications for disability insurance benefits and
supplemental security income on December 9, 2014, alleging
that she had been disabled since September 9, 2014. (R. at
189-203.) Plaintiff's applications were denied initially
and upon reconsideration. (R. at 137- 42, 144-48.) Plaintiff
sought a de novo hearing before an administrative
law judge. (R. at 151- 52.) Administrative Law Judge
(“ALJ”) Gregory Moldafsky held a hearing on May
11, 2017, at which Plaintiff, who was represented by counsel,
appeared and testified. (R. at 44-78.) On August 29, 2017,
the ALJ issued a decision finding that Plaintiff was not
disabled within the meaning of the Social Security Act. (R.
at 16-29.) On April 3, 2018, the Appeals Council denied
Plaintiff's request for review and adopted the ALJ's
decision as the Commissioner's final decision. (R. at
1-4.) Plaintiff then timely commenced the instant action.
RELEVANT HEARING TESTIMONY
testified at the administrative hearing about her narcolepsy
and cataplexy episodes, testifying as follows:
Q So tell me about your narcolepsy and cataplexy. How, how,
how, yeah, what's the frequency? What's that look
like for you nowadays?
A Narcolepsy is a struggle every day. Basically, I take a
medicine to stay awake, and I have to take something to go to
bed. And I really -
Q So you just feel excessively tired during the day?
A All the time, and when I have a cataplexy it's ten
times worse. It's almost like a seizure. It drains you.
Q Sure. How often are you having those? I know there's
some triggers. You just trying to kind of avoid the triggers?
A Right. I can have them up to 100 times a day. It just
Q Okay. So, I don't know necessarily think you're
having 100 cataplex episodes every day, are you?
Q That's, that's what you're going to say?
That's your average -
A Well, not every day --
Q -- every day?
A -- but they have been known --
Q That seems like a very long day.
A -- excessive.
Q So -- and when you're cataplexed, your legs give out
and you're able to what happens?
A I have no muscle tone whatsoever. I can't hold my head
up. I can't --
Q And how long does that last or what do you do? What
A Sometimes they last a good two minutes, I would say.
Q And is there any residual effects afterwards or just kind
A Yeah. I'm --
Q -- get your --
A I'm very exhausted after ...