United States District Court, S.D. Ohio, Western Division, Dayton
M. Rose, District Judge
REPORT AND RECOMMENDATIONS 
L. OVINGTON, UNITED STATES MAGISTRATE JUDGE
Jennifer Sorrells brings this case challenging the Social
Security Administration's denial of her applications for
period of disability, Disability Insurance Benefits, and
Supplemental Security Income. She applied for benefits in
July 2014, asserting that she could no longer work a
substantial paid job. Administrative Law Judge (ALJ) Benjamin
Chaykin concluded that she was not eligible for benefits
because she is not under a “disability” as
defined in the Social Security Act.
case is before the Court upon Plaintiff's Statement of
Errors (Doc. #7), the Commissioner's Memorandum in
Opposition (Doc. #10), Plaintiff's Reply (Doc. #11), and
the administrative record (Doc. #6).
seeks a remand of this case for payment of benefits or, at a
minimum, for further proceedings. The Commissioner asks the
Court to affirm ALJ Chaykin's non-disability decision.
asserts that she has been under a “disability”
since February 2, 2013. She was forty-one years old at that
time and was therefore considered a “younger
person” under Social Security Regulations. See
20 C.F.R. §§ 404.1563(c), 416.963(c). She has a
high school education. See Id. §§
testified at the hearing before ALJ Chaykin that she last
worked as a part-time bus driver in February 2011 before she
had back surgery. (Doc. #6, PageID #69).
Unfortunately, the surgery was unsuccessful and she did not
return to work. Id. at 69. Indeed, her back was
worse after surgery.
could not remember when she last saw a neurosurgeon or
orthopedic surgeon; she thought it may have been in 2013.
Id. at 70. She sees a pain specialist, Dr. Ahmed,
for her back pain. He gives her injections but they do not
work. Id. at 71. According to Plaintiff, there is
nothing else they can do to help her. Id. The last
time she tried physical therapy, they discontinued it because
they did not want her to make the wrong move and risk being
paralyzed. Id. at 73.
Henderson diagnosed Plaintiff with fibromyalgia around 2005.
Id. at 77. She takes Lyrica and Mobic. Id.
at 78. Her medications help with, for example, her right-leg
spasms and leg lock. Id.
pain in her ankles, legs knees, hips, low-to-middle back, and
shoulders. Id. at 73. She also has “regular
pains … throughout.” Id. The pain is
worse on the right side of her body than her left side.
Id. Her pain medication can sometimes lower her pain
but she always has it. Id. at 74. She has some side
effects from her medications, including drowsiness, dry
mouth, dizziness, and blurred vision. Id.
also has problems with her neck. She saw a surgeon about her
neck pain but he did not want to do surgery. Id. at
71. “They said I had a bulge or something on
there…. And some arthritis and stuff ….”
Id. Her rheumatologist gave her injections in the
back of her neck and shoulders. Id. He also
prescribes medication. Id.
neck problems cause headaches in the back of her head and
migraines. Id. at 82. Additionally, the pain
sometimes travels down to the middle of her back.
Id. at 83. She cannot turn her head without pain.
Id. When she drives, she just uses her mirrors
rather than moving her head. Id.
right side, she has a drop foot. Id. at 73.
Plaintiff has an AFO foot brace that is “supposed to
support my foot so I won't fall as much ….”
Id. at 79. If she does not wear the brace, her foot
drags and she trips on it. Id. at 80. With the
brace, she is able to drive but sometimes encounters
difficulties, for instance, when braking, “I can push
down, and I notice, at times, it'll get jammed on the
brake, and I jerk.” Id. at 80.
has on-and-off problems with her hands. Id. at 83.
Her right is worse than her left. Id. at 83. She
explained that sometimes when she is holding on to something,
it will just drop. Id.
takes medication for her depression and anxiety. Id.
at 74-75. Unfortunately, they do not help. Id. at
75. She saw a counselor at Day-Mont West in 2015. At the time
of the hearing, she had just received another referral to see
a counselor. Id. at 79.
has two children. Her daughter, a student at the University
of Toledo, lives in an apartment in Toledo. Plaintiff's
twelve-year-old son lives with her daughter. Plaintiff goes
back and forth between staying in Dayton-with her father or
friends-or Toledo, with her daughter. Id. at 66.
When Plaintiff is in Toledo, she drives her son to school two
or three times a week. Id. at 67-68. However, her
daughter drives her back and forth between Toledo and Dayton
because she cannot drive for that long. Id. at 68.
If she tried drive by herself, “It would almost feel
like my waist is coming detached, [I'd] be in so much
pain.” Id. Further, her right leg would start
having muscle spasms and lock up. Id. As a
passenger, she alternates between laying the seat back and
sitting up. Id.
typical day, Plaintiff takes her son to school, returns home,
lays around, and watches TV. Id. at 75. When she is
home, she is usually in bed. Id. at 82. She is not
able to sleep during the night and often sleeps on and off
throughout the day. Id. at 75. She makes microwave
dinners. Id. She cannot cook at the stove because if
she stands for longer than ten minutes, her pain increases.
Id. at 76. If she sits for too long, it puts
pressure on her hips and she has to lie down to release the
has no hobbies and does not go out much. Id. at 78.
Although she stays at her friends' houses, she does not
“hang out” with friends. Id. She
sometimes goes grocery shopping with her son or daughter.
Id. at 76. If she goes by herself, she has a hard
time remembering what to get. Id. at 76-77. She also
has difficulty putting heavy items in her cart and taking
them out. Id. at 77. Because of these difficulties,
she only goes by herself when she needs a couple things.
Id. She used to play basketball but cannot anymore.
Id. at 78. She can go swimming from time to time but
not like she used to. Id. Her doctor recommended she
go to a pool and walk around in the water. Id.
Thomas W. ...