United States District Court, S.D. Ohio, Western Division, Dayton
H. Rice District Judge
REPORT AND RECOMMENDATIONS 
L. OVINGTON UNITED STATES MAGISTRATE JUDGE.
Social Security Administration provides Disability Insurance
Benefits and Supplemental Security Income to individuals who
are under a disability, among other eligibility requirements.
A “disability” in this context refers to
“any medically determinable physical or mental
impairment” that precludes an applicant from engaging
in “substantial gainful activity.” 42 U.S.C.
§§ 423(d)(1)(A), 1382c(a)(3)(A); see Bowen v.
City of New York, 476 U.S. 467, 469-70 (1986).
himself unable to work due to bipolar disorder, Plaintiff
Kevin Jackson applied for Disability Insurance Benefits and
Supplemental Security Income. He asserted that starting on
August 1, 2013 and continuing thereafter, he had been under a
disability. Administrative Law Judge (ALJ) Mark Hockensmith
disagreed. He concluded that Plaintiff was not under a
disability and denied Plaintiff's applications for
benefits. (Doc. #6, PageID #s 168-77).
brings the present case contending (in part) that ALJ
Hockensmith erred when evaluating the medical source opinions
and medical evidence. Plaintiff seeks a remand of this case
for payment of benefits or, at a minimum, for further
proceedings. The Commissioner finds no error in the ALJ's
decision and asks the Court to affirm rather than remand.
was twenty-seven years old on his asserted disability onset
date. He has the equivalence of a high-school education and
worked in the past as a fast-food worker and a cook.
Social Summary Report on September 9, 2014 from the
Montgomery County Department of Job and Family Services
identified Plaintiff's “current disabling medical
conditions” as “Severe Bipolar” and
Depression/Anxiety.” Id. at 44, 820. His
accompanying symptoms-specifically those that prevented him
from working-were identified as “unable to concentrate,
rash emotional changes, mental illness.” Id.
testified during the hearing ALJ Hockensmith held that he had
been in psychological treatment all his life, since he was a
child. Id. at 204. He described his bipolar symptoms
Well, when I'm depressed, I'm in bed all the time.
I'm - I want nothing to do with anybody, I don't do
anything. I don't cook, I don't clean, I don't
eat. I don't do anything.
Now, when I'm mania, I'm all over the place. I am
yelling, I'm screaming, I'm hurting myself, I'm
feeling hot. I'm feeling, I just feel crazy. I don't
know how to explain it properly without just using the word
Id. at 206-07.
medications were often changed. He vividly explained,
“They've been guinea pigging me and for the rest of
my life.” Id. at 207.
described himself as “a very loner kind of a
person.” Id. at 198. He said he had a few
friends but mostly communicated with them online.
Id. “Very occasionally…, ” he
will eat out with his friend Lucas, “and he's a
loner too.” Id. Plaintiff is in constant
contact with his mother but does not talk with his father or
any other family member. Id. at 198-99.
administrative record documents Plaintiff's history of
extensive mental-health treatment at South Community Mental
Healthcare. See, e.g., PageID #s
644-754, 764-818, 912-1140, 1142-1284. Plaintiff testified
that he either saw one of his case managers every day or they
called him. Id. at 205. He characterized his
treatment program as “very intensive.”
Id. His case managers made sure his medications
needs were met and also assisted with his other needs.
acknowledged that he had past problems with heroin use:
[I]t all started like, 2012. Like, I didn't really start
doing drugs until then I was trying to self-medicate myself
…. Here we are now, I mean, it's 2016. I was on it
a very long time, but it was like periods of time. Because I
had a lot of clean time too in between all of that. I've
had six months clean in between that, about a year and a half
ago before this
Id. at 199.
estimated that he had been fired from at least eighteen jobs
for being too unpredictable. Id. at 190, 202, 206.
That is eighteen job terminations by only age thirty.
Id. at 202. A state agency work-history tool is
consistent with this. See id. at 610. Plaintiff
testified that he had never been able to hold a job for
longer than six months, and his longest stint of employment
was with a fast-food restaurant. See id. at 170,
203. In 2016, he was terminated from his fast-food job after
suffering nervous breakdowns and, ultimately, being taken to
the hospital in an ambulance after his coworkers called the
police. Id. at 192-93. Plaintiff was able to get a
job in July 2016 at another fast-food restaurant because his
friend is the boss there. Id. at 194. However, there
were times when he had to call in sick or leave early because
he was trying to hurt himself. Id. at 195.
told ALJ Hockensmith that his caseworkers at South Community
recommended he work on ...