Summary
finding no reversible error due to ALJ's failure to respond to a subpoena request because: the HALLEX is not binding, and Plaintiff's request did not comply with the regulation's requirement that a subpoena request identify the important facts such records were expected to prove
Summary of this case from Charna McCoy for Juliette Mccoy v. Comm'r of Soc. Sec.Opinion
Case No. 3:11-cv-423
03-04-2013
PATSY A. HULL-KITCHEN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington
ENTRY AND ORDER OVERRULING HULL-KITCHEN'S OBJECTIONS
(Doc. #24) TO THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATIONS (Doc. #23) IN ITS ENTIRETY;
AFFIRMING THE COMMISSIONER'S FINAL NON-DISABILITY
DETERMINATION AND TERMINATING THIS CASE
Patsy A. Hull-Kitchen ("Hull-Kitchen") brought this action pursuant to 42 U.S.C. § 405(g) for judicial review of the decision of the Defendant Commissioner of Social Security (the "Commissioner") that she is not disabled and, therefore, not entitled to Social Security disability benefits. On February 1, 2013, United States Magistrate Judge Sharon L. Ovington entered a Report and Recommendations (doc. #23) recommending that the Commissioner's Decision be affirmed. Hull-Kitchen subsequently filed Objections (doc. #24) and the Commissioner has responded to Hull-Kitchen's Objections (doc. #25). This matter is, therefore, ripe for decision.
Hull-Kitchen sought financial assistance from the Social Security Administration by applying for disability insurance benefits ("DIB") in October of 2006. Hull-Kitchen claims that she has been disabled since January 9, 2005, due to mental health problems, irritable bowel syndrome and hypertension.
The Commissioner denied Hull-Kitchen's application initially and on reconsideration. Administrative Law Judge ("ALJ") Amelia Lombardo ("Lombardo") held a hearing following which she determined that Hull-Kitchen is not disabled. The Appeals Council denied Hull-Kitchen's request for review and ALJ Lombardo's decision became the Commissioner's final decision. Hull-Kitchen then appealed to this Court pursuant to 42 U.S.C. § 405(g).
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the District Judge has made a de novo review of the record in this case. Based upon the reasoning and citations of authority set forth in the Magistrate Judge's Report and Recommendations (doc. #23) and in Hull-Kitchen's Objections (doc. #24) and the Commissioner's Response to Hull-Kitchen's Objections (doc. #25), as well as upon a thorough de novo review of this Court's file and a thorough review of the applicable law, this Court adopts the aforesaid Report and Recommendations in its entirety and, in so doing affirms the Commissioner's decision that Hull-Kitchen is not disabled in accordance with Social Security regulations.
This Court's function is to determine whether the record as a whole contains substantial evidence to support the ALJ's decision. Bowen v. Commissioner of Social Security, 478 F.3d 742, 745-46 (6th Cir. 2007). This Court must also determine whether the ALJ applied the correct legal criteria. Id.
Regarding the substantial evidence requirement, the ALJ's findings must be affirmed if they are supported by "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971)(citing Consolidated Edison Company v. NLRB, 305 U.S. 197, 229 (1938)); Landsaw v. Secretary of Health and Human Services, 803 F.2d 211, 213 (6th Cir. 1986). Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson, supra, at 401; Ellis v. Schweicker, 739 F.2d 245, 248 (6th Cir. 1984). Substantial evidence is more than a mere scintilla, but only so much as would be required to prevent a directed verdict (now judgment as a matter of law) against the ALJ/Commissioner if this case were being tried to a jury. Foster v. Bowen, 853 F.2d 483, 486 (6th Cir. 1988); NLRB v. Columbian Enameling and Stamping Company, 306 U.S. 292, 300 (1939).
The second judicial inquiry - reviewing the ALJ's legal criteria - may result in reversal even if the record contains substantial evidence supporting the ALJ's factual findings. See Bowen, 478 F.3d at 746. A reversal based on the ALJ's legal criteria may occur, for example, when the ALJ has failed to follow the Commissioner's "own regulations and where that error prejudices a claimant on the merits or deprives the claimant of a substantial right." Bowen, 478 F.3d at 746(citing in part Wilson v. Commissioner of Social Security, 378 F.3d 541, 546-47 (6th Cir. 2004)).
In this case, the ALJ's decision is supported by substantial evidence and the ALJ applied the correct legal criteria. WHEREFORE, Hull-Kitchen's Objections to the Magistrate Judge's Report and Recommendations are OVERRULED, and this Court adopts the Report and Recommendations of the United States Magistrate Judge (doc. #23) in its entirety. The Commissioner's decision that Hull-Kitchen is not disabled in accordance with Social Security regulations is affirmed. Finally, the captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
DONE and ORDERED in Dayton, Ohio, this Fourth Day of March, 2013.
____________________
JUDGE THOMAS M. ROSE
UNITED STATES DISTRICT COURT
Copies furnished to:
Counsel of Record