Opinion

Tayse

Court
District Court, N.D. Ohio
Filed
Aug 14, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

ALICIA TAYSE, ) CASE NO. 1:25-CV-01936-BYP

)

Plaintiff, )

) JUDGE BENITA Y. PEARSON

vs. ) UNITED STATES DISTRICT JUDGE

)

COMMISSIONER OF SOCIAL SECURITY ) MAGISTRATE JUDGE

ADMINISTRATION, ) JONATHAN D. GREENBERG

)

Defendant. ) REPORT AND RECOMMENDATION

)

)

Plaintiff, Alicia Tayse (“Plaintiff” or “Tayse”), challenges the final decision of Defendant, Frank

Bisignano1, Commissioner of Social Security (“Commissioner”), denying her applications for Period of

Disability (“POD”) and Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42

U.S.C. §§ 416(i), 423, 1381 et seq. (“Act”). This Court has jurisdiction pursuant to 42 U.S.C. § 405(g).

This case is before the undersigned United States Magistrate Judge pursuant to an automatic referral under

Local Rule 72.2(b) for a Report and Recommendation. For the reasons set forth below, the Magistrate Judge

recommends that the Commissioner’s final decision be AFFIRMED.

I. PROCEDURAL HISTORY

In March 2023, Tayse filed an application for POD and DIB, alleging a disability onset date of May

30, 2023, and claiming she was disabled due to Rheumatoid arthritis, gastroparesis, insulin dependent

diabetes mellitus, anemia, sleep apnea, depression and anxiety. (Transcript (“Tr.”) 143, 154, 155.) The

1 On May 7, 2025, Frank Bisignano became the Commissioner of Social Security.

applications were denied initially and upon reconsideration, and Tayse requested a hearing before an

administrative law judge (“ALJ”). (Id. at 171, 177, 181.)

On July 25, 2024, an ALJ held a hearing, during which Tayse, represented by counsel, and an

impartial vocational expert (“VE”) testified. (Id. at 118-142.) On August 12, 2024, the ALJ issued a written

decision finding Tayse was not disabled. (Id. at 89-113.) The ALJ’s decision became final on July 16,

2025, when the Appeals Council declined further review. (Id. at 1.)

On September 12, 2025, Tayse filed her Complaint to challenge the Commissioner’s final decision.

(Doc. No. 1.) The parties have completed briefing in this case. (Doc. Nos. 7, 9.) Tayse asserts the following

assignments of error:

1. Whether the Administrative Judge’s Decision is Supported by Substantial Evidence

When He Did Not Properly Evaluate Plaintiff’s Allegations Pursuant Law [sic] to

SSR 16-3p.

2. Whether New and Material Evidence Warrants Remand.

(Doc. No. 7 at 1.)

II. EVIDENCE

A. Personal and Vocational Evidence

Tayse was born in 1983 and was 41 years-old at the time of her administrative hearing (tr. 122),

making her a “younger” person under Social Security regulations. See 20 C.F.R. §§ 404.1563(c),

416.963(c). She has at least a high school education. (Tr. 112.) She has past relevant work as a medical

assistant. (Id.)

B. Relevant Medical Evidence2

On April 27, 2023, Tayse presented for a consultation with rheumatologist Dr. Peugh. (Id. at 650.)

Tayse complained of three months of pain, swelling, 60-minutes of morning stiffness, numbness and tingling

in the tips of her fingers, chronic pain in her shoulders and neck and hips, and pain in the left foot due to

hammertoes. (Id. at 651.) Dr. Peugh noted rheumatologic symptoms including chronic night sweats, dry

mouth, livedo rash on hands and arms, and difficulty swallowing pills. (Id.) Diagnoses at this visit included

seronegative rheumatoid arthritis, immunosuppression, hammer toe of left foot, scarring alopecia, livedo

reticularis, tachycardia, and dyspnea on exertion. (Id. at 657.) X-rays showed no erosions. (Id.) Dr. Peugh

considered medication options considering nausea and history of gastric bypass. (Id.)

Tayse followed up with Dr. Peugh on June 1, 2023. (Id. at 608.) She reported taking methotrexate

by injection once per week and thought it helped at the beginning but is now not sure. (Id.) She reported

stopping other medications and having worsening numbness and tingling throughout her body, but worse in

her legs and feet. (Id. at 609.) She reported worsening anxiety, depression, and fatigue symptoms. (Id.) She

stopped taking gabapentin and ropinirole and experienced worsening numbness and tingling in her hands

and feet. (Id.) X-rays of her chest and hands were normal. (Id.) Physical exam revealed normal range of

motion, no deformities, no swelling, and no tenderness in the hands, wrists, elbows, shoulders, spine, hips,

knees, ankles, and feet, except for some tenderness in the elbows, wrists, and knee. (Id. at 612.) Dr. Peugh’s

plan included continuing methotrexate injections, and considering initiation of adalimumab in one to two

months if no improvement on methotrexate. (Id. at 615.)

On July 18, 2023, Tayse followed up with the Cleveland Clinic Sleep Disorders Center. (Id. at 574.)

She reported significant leg pain despite three rounds of IV iron infusions. (Id.) Diagnoses included

2 The Court’s recitation of the medical evidence is not intended to be exhaustive and is limited to the

evidence cited in the parties’ Briefs.

excessive daytime sleepiness and restless leg syndrome. (Id. at 579.) She was encouraged to frequently use

her CPAP machine to try to increase her total sleep time from 6-7 hours to 7-9 hours. (Id.)

On July 20, 2023, Tayse presented for a virtual follow up visit. (Id. at 569.) She reported significant

brain fog, narcolepsy making her feel exhausted during the day, and significant pain in her hands, wrists,

and knees. (Id.) Physical exam revealed she appeared alert and appropriate, in no distress, well-hydrated and

nourished, and happy, smiling, and interactive, with normal breathing and no overt edema. (Id. at 571.)

Diagnoses at this time included Type 1 Diabetes, controlled, brain fog secondary to pain and narcolepsy,

epigastric pain, narcolepsy due to underlying condition, depression, and gastroparesis that is not always

controlled. (Id. at 572.)

Tayse followed up with her rheumatologist on September 15, 2023. (Id. at 1214.) She reported

significantly decreased swelling in her hands but still has pain. (Id.) Her hands and wrists hurt all the time.

(Id.) In the morning, she has stiffness lasting 15 minutes and numbness in her hands. (Id.) Physical exam

was normal, including normal range of motion, no deformities, no swelling, no tenderness in the hands,

shoulders, spine, hips, knees, ankles, tenderness in the right elbow and wrist, no more swelling of joints and

significantly improved tenderness. (Id. at 1218.)

On October 4, 2023, Tayse presented with abdominal pain. (Id. at 470.) Physical exam was

unremarkable, including alert, oriented, no acute distress, no joint swelling or effusion, no cyanosis,

clubbing, or edema, mood appropriate, and not depressed. (Id. at 475.) She was assessed with gastroparesis,

bloating, dyspepsia, weight gain, vitamin D deficiency, GERD, and stress. (Id.) The provider prescribed

medication and referred to bariatric surgery due to gaining weight back after the initial bariatric surgery.

(Id.)

On October 9, 2023, Tayse presented for a telephonic follow up appointment for excessive daytime

sleepiness and restless leg syndrome. (Id. at 468.) The provider noted her history of obstructive sleep apnea

and use of a CPAP. (Id. at 469.) The provider opined her sleepiness is likely multifactorial and encouraged

her to increase her total sleep time and more frequent CPAP usage. (Id.) Her medications were increased

and the provider recommended nonmedical therapy for restless leg syndrome, like cold/warm compresses.

(Id.)

On October 27, 2023, Tayse attended a virtual follow up appointment. (Id. at 440.) She reported

significant pain, feeling tired, frustration regarding weight gain, and frustration with experiencing many

illnesses. (Id.) The provider assessed good control of her type 1 diabetes over the past year, brain fog

secondary to chronic pain and sleep disorders, rheumatoid arthritis with pain better controlled, bloating

secondary to gastroparesis, depression, and controlled hypertension. (Id. at 443.)

On January 8, 2024, Tayse presented for a psychological evaluation. (Id. at 1336.) She reported

rheumatoid arthritis, gastroparesis, type one diabetes, anemia, sleep apnea, joint pain in hands and ankles,

poor appetite, frequent bathroom breaks, and poor sleep. (Id. at 1337.) She has chronic pain and fatigue and

restless leg syndrome. (Id.) She has worked for Cleveland Clinic as a medical assistant for the past seventeen

years. (Id. at 1338.) She reported keeping up with the pace of work “but it’s exhausting.” (Id.) She always

followed supervisors’ direction and lamented that her supervisors never understood or supported her medical

problems. (Id.) Her coworkers were supportive and helped her considerably. (Id.) She has a driver’s license

and will drive her son’s vehicle. (Id.) She does not have a social life but likes to color and build Legos,

although it is difficult now due to pain in her hands. (Id.) She manages her finances. (Id.) She bathes

independently. (Id.) She cooks, cleans, does laundry, and reported no help from her husband or son. (Id.)

She has a hard time vacuuming, hanging up shirts, and she cannot scrub. (Id.) She has a hard time sleeping

and vomits often. (Id.) She walked to the examination room with an unremarkable gait and no assistive

devices. (Id. at 1337.) When she got up to leave, she moved stiffly. (Id. at 1339.) She was diagnosed with

major depression, depressive disorder due to another medical condition, and generalized anxiety disorder.

(Id. at 1340.)

On January 10, 2024, Tayse presented with complaints of nausea, vomiting, and diarrhea. (Id. at

395.) Physical exam was normal. (Id. at 398.) She was prescribed a medication, advised to hydrate,

discontinue dairy products because they are hard to digest, and consider a BRAT diet. (Id.)

On January 18, 2024, Tayse presented for a virtual follow up visit due to nausea and vomiting. (Id.

at 383.) Physical exam was unremarkable. (Id. at 385.) She reported improvement in symptoms and was

advised to continue the treatment plan. (Id. at 386.)

On January 30, 2024, Tayse presented for a virtual visit with Dr. Flannery for evaluation of

pharmacogenomic testing to guide dosing and/or selection of vitamins, minerals, and weight loss

medications. (Id. at 367-70.) Tayse elected to proceed with testing. (Id. at 370.)

On January 25, 2024, Tayse presented for a follow up visit with Dr. Peugh. (Id. at 375.) She reported

feeling better with the proper dose of methotrexate and Humira. (Id.) She noted a 70 percent improvement

from when she was diagnosed, but still experiences pain, swelling, and stiffness in her second and third

fingers bilaterally, and pain in her right forearm. (Id.) Her methotrexate dose was increased in hopes of

reaching remission, and another medication was prescribed. (Id. at 381.)

On February 12, 2024, Tayse presented for a follow up visit. (Id. at 358.) The provider noted she has

morbid obesity, and Type 1 Diabetes with severe insulin resistance. (Id.) The provider recommended gastric

bypass distalization which would result in weight loss and provide a good change for improving her insulin

resistance. (Id.)

On February 23, 2024, Tayse presented for an acupuncture appointment to treat the neck and back

pain she has experiences for the past six years. (Id. at 1398.) She reported experiencing neck and back pain

relief following her last acupuncture treatment. (Id.)

On February 28, 2024, Tayse presented for physical therapy to treat hip pain that limited bending,

physical activities, driving, dressing, sleeping, sitting, rising from a chair, walking, stair negotiation,

cleaning, and cooking. (Id. at 1362.) She had 4/5 strength in her hips, 4/5 strength in her knees, slightly

limited range of motion in her lumbar spine, and an antalgic gait. (Id. at 1364-65.) Tayse was provided

exercises. (Id. at 1365.)

On January 30, 2025, Tayse presented for a rheumatology follow up visit. (Id. at 46.) She reported

pain on her right side, especially in her hand at night, and in her forearm and shoulder. (Id.) Her medications

are somewhat effective but appear to wear off after three to four days. (Id.) She rated her pain at a 6. (Id. at

48.) Her medications were adjusted. (Id. at 57.)

On February 17, 2025, Tayse presented for a virtual follow up visit. (Id. at 60.) She reported Humira

providing only two days of relief before experiencing significant pain again. (Id.) She reported limited

mobility and feelings of misery due to her condition. (Id.) She also reported frustration and emotional

distress related to delayed revision surgery due to a provider deeming her “mentally unstable” even though

both her psychiatrist and psychologist cleared her for surgery. (Id.) Diagnoses include obesity, moderate

episode of recurrent major depressive disorder, fibromyalgia, and rheumatoid arthritis. (Id. at 63-4.)

On July 8, 2025, Tayse presented for a consult regarding bilateral carpal tunnel syndrome. (Id. at

13.) She initially attributed symptoms to her rheumatoid arthritis. (Id.) Imaging revealed no erosions or

evidence of inflammatory arthritis, mild first carpometacarpal osteoarthrosis bilaterally, and atherosclerotic

vascular calcifications bilaterally. (Id. at 21.) Following EMG studies, she was diagnosed with severe carpal

tunnel on the left and mild to moderate on the right. (Id. at 28.) The provider administered a corticosteroid

injection into the left wrist and recommended a wrist brace. (Id.)

On March 27, 2025, Tayse presented for physical therapy due to shoulder pain that interferes with

physical activities. (Id. at 72.)

On April 16, 2025, Tayse presented to a sports health physician regarding her chronic shoulder pain.

(Id. at 77.) She was diagnosed with bilateral rotator cuff tendinosis and right shoulder adhesive capsulitis.

(Id. at 78.) The provider discussed using ice and acetaminophen, continuing physical therapy, and consider

a brisement procedure or steroid injection. (Id.)

On May 27, 2025, Tayse presented for a follow up physical therapy appointment. (Id. at 35.) The

provider noted she made progress toward her goals but still experiences impairments in activities of daily

living. (Id.)

C. State Agency Reports

1. Mental Impairments

On September 20, 2023, Ann Lovko, Ph.D., reviewed the file and opined Tayse was moderately

limited in her ability to maintain attention and concentration for extended periods, ability to complete a

normal workday and workweek without interruptions from psychologically based symptoms and perform

at a consistent pace without an unreasonable number and length of rest periods, ability to interact with the

general public, and ability to respond appropriately to changes in the work setting. (Tr. 151.) Dr. Lovko

found Tayse not significantly limited in all other limitation areas. (Id.) Dr. Lovko opined Tayse has the

“mental capacity to perform complex/detailed (3-4) step tasks. She can relate adequately on a superficial

basis in an environment that entails infrequent public contact and minimal interaction with

coworkers/supervisors. She can adapt to a setting in which duties are routine and predictable and in which

changes are infrequent.” (Id. at 152.)

On January 15, 2024, on reconsideration, Courtney Zeune, Psy.D., affirmed Dr. Lovko’s findings.

2. Physical Impairments

On September 15, 2023, Mehr Siddiqui, M.D. reviewed the claim file and opined Tayse could

occasionally lift and/or carry twenty pounds, frequently lift and/or carry ten pounds, unlimited in her ability

to push and pull in both upper and lower extremities, stand and/or walk about six hours in an eight hour

work day, sit about six hours in an eight hour work day, never climb ladders, ropes, or scaffolds, frequently

balance, and occasionally climb ramps and stairs, stoop, kneel, crouch, and crawl. (Id. at 149.) Dr. Siddiqui

found Tayse had no manipulative, visual, communicative, or environmental limitations. (Id. at 150.) Dr.

Siddiqui opined Tayse is capable of light work with postural limitations. (Id. at 152.)

On January 18, 2024, on reconsideration, Abraham Mikalov, M.D. affirmed Dr. Siddiqui’s findings.

D. Hearing Testimony

During the July 25, 2024 hearing, Tayse testified to the following:

• She is married, has a valid driver’s license, is 5’2’’ and weighs 227 pounds. (Id. at 123.)

She is currently on long-term leave from her job working as a medical assistant. (Id.) She

held her job from 2007 to 2023. (Id.) Her leave ends in April 2024. (Id.) Towards the end

of her employment it was hard for her to clean the rooms and open doors for patients. (Id.

at 131.) “They said my mood wasn’t safe to be around people” so they helped her with

paperwork to be off work. (Id. at 131-32.) Before she went on medical leave, she would

leave early every once in a while, due to her medical problems but never called off work.

(Id. at 132.)

• Her hands are “very bad”. (Id. at 124.) It is hard for her to write and grasp. (Id.) Her

shoulders are very painful. (Id.) It is hard to use her right arm, and she cannot reach. (Id.)

When sitting for long periods of time her legs hurt. (Id.) It is hard to get in and out of the

car. (Id.) Walking is “really hard.” (Id.) She estimates she could walk for about five

minutes. (Id. at 125.) After five minutes her foot would start burning and hurting. (Id.) She

thinks she could lift less than five pounds. (Id.) She can carry a grocery bag but nothing

more than that. (Id.) Rheumatoid arthritis affects her hips, legs, feet, and shoulders. (Id. at

128.) She cannot put her shoes on because she can’t lift her right leg. (Id.) Doctors are

evaluating for fibromyalgia. (Id.)

• She has problems concentrating and making decisions. (Id. at 125.) She has problems

getting along with others and stays home all the time. (Id. at 125-26.) She currently sees a

psychiatrist, psychologist, and a bariatric psychiatrist. (Id. at 126.) Treatment is “going

ok.” (Id.) She takes medications as prescribed. (Id.) She feels “very tired” from the

medications, sleeps a lot throughout the day, and feels weak and exhausted. (Id.) The

Methotrexate medication is an injection and is no longer helping her hands. (Id. at 129.) It

makes her feel tired and sore. (Id.) She takes Humira, another injection, every other week

and that “takes the edge off.” (Id.) She takes Neurontin when her legs hurt. (Id. at 130.)

She tried to reposition herself to relieve pain. (Id.) She cannot take over the counter pain

medications due to her “stomach and because of the bypass.” (Id.) She has gastroparesis

which makes her stomach hurt and causes her to have diarrhea about four to five times per

day. (Id. at 131.)

• On a typical day she sits on the couch, will walk around a little bit, then sit back on the

couch. (Id. at 126.) She does laundry and cooks simple meals. (Id. at 127.) Doing laundry

is hard for her because she has to reach, and the clothes get heavy. (Id. at 132.) Vacuuming

is hard for her. (Id. at 127.) Her adult son lives with her and her husband and will clean the

bathroom because she cannot scrub. (Id.) She does not have any pets or any hobbies. (Id.

at 128.) She has always been a hard worker and if she could work, she would but she is

always in pain. (Id.)

The VE testified Tayse had past work as a medical assistant. (Id. at 134.) The ALJ then posed the

following hypothetical question:

Please assume a hypothetical individual of the claimant's age and education

with the past job described. Further assume that the individual is limited to

the full range of light with the following additional limitation. Handling,

finger and feeling, all bilateral, all limited to frequent. Climbing ramps and

stairs is limited to occasional. Climbing ladders, ropes or scaffolding is

limiting to never. Balancing is limited to frequent. Stooping, kneeling,

crouching and crawling are all limited to occasional. The hypothetical

individual is able to perform simple, routine tasks. The hypothetical

individual is limited to occasional interaction with supervisors and

occasional and superficial interaction with co-workers and the public. The

hypothetical individual is able to make simple, work-related decisions.

Superficial is further defined as doing no tasks involving arbitration,

negotiation, confrontation, correcting the work of others, persuading others

or being responsible for the safety or welfare of others. Can the hypothetical

individual perform any of the past work you described?

(Id. at 134-35.)

The VE testified the hypothetical individual would not be able to perform Tayse’s past work as a

medical assistant. (Id. at 135.) The VE further testified the hypothetical individual would be able to perform

other representative jobs in the economy, such as housekeeping/cleaner, small products assembler I/bench

assembler, and cashier II. (Id.) The ALJ asked a second hypothetical:

I have the second hypothetical and in the second hypothetical, please

assume an individual that is off-task in addition to normal breaks, more than

15 percent of the time in an eight-hour workday or absence from work two

days per month or more. Can that hypothetical individual perform any

work?

(Id.) The VE responded:

Generally speaking, there’s no clean dividing line where work ceases in a

competitive labor market. In fact, I would suggest it never entirely ceases.

That said, turning our attention to off-task, in my opinion, it's not until we

reach 20 percent off-task consistently and 20 percent is an hour and a half.

It's at that point where I do think that essentially, essentially meaning in

large enough numbers, there's no work in the entire competitive labor

market. Below that, there is erosion in the employment base. The amount

of erosion 11 depend upon the occupation, the setting and the time off-

task. So for example, cleaner occupations or office occupations tend to be

more amenable to that off-task time. And I don't think that they erode

entirely until you reach that 20 percent. Manufacturing occupations, on the

other hand, especially those on a production line typically erode more

quickly, just generally speaking. And I think it's reasonable to expect that

they would erode entirely at that 15 percent that you mentioned. So the

small parts assembler I would fit into that 15 percent.

(Id. at 135-36.) The VE went on to address absenteeism, explaining:

So unlike off-task, there’s quite a bit of evidence in the professional

literature concerning absenteeism. It’s been a significant issue for

employers for quite a number of years, including pre-pandemic. It appears

that it’s not abating. In fact, it might be increasing, the issue might be

increasing. There is good evidence to indicate that employers may be

tolerating three days a month absences in relatively large numbers. My

experience, conversely, has been that, while it's true there are some

employers who will tolerate three days, however likely not in large

numbers. So until there is additional empirical evidence to support

otherwise, I maintain my cut-off at three and greater. It's at that point where

I do think that essentially there's no work in the competitive labor market.

So one and two, yes. Three, likely not.

(Id. at 136-37.) The ALJ asked a third hypothetical:

I have a third hypothetical and the third hypothetical includes all of these

same limitations we had in the first hypothetical. The only difference is this

time we have sedentary instead of light. Can, well for the record, can the

hypothetical individual perform any of the past work that you described?

(Id. at 137.) The VE responded, no. (Id.) The ALJ asked, “Can the hypothetical individual perform any other

work?” (Id.) The VE responded, yes, cashier II, small products assembler I, and product sorter. (Id. at 137-

38.) Tayse’s attorney asked:

Sticking with hypothetical number three, if we modify the handling,

fingering and feeling bilaterally to an occasional basis, and if I ask you to

include additionally that reaching in all directions with the right upper

extremity is limited to an occasional basis, would that change your

responses to the sedentary jobs?

(Id. at 138-39.) The VE responded that that would eliminate each of the sedentary occupations. (Id. at 139.)

Tayse’s counsel asked whether two additional unscheduled breaks would affect SVP: 2 jobs. (Id.) The VE

testified that she didn’t think it would be an issue. (Id.) After questioning by Tayse’s counsel, the VE

explained that leaving early is considered an “off-task” issue because it takes a person away from work, and

if a person is doing that 20 percent on a regular basis, then eventually there is no work in the competitive

labor market. (Id. at 140.)

III. STANDARD FOR DISABILITY

In order to establish entitlement to DIB under the Act, a claimant must be insured at the time of

disability and must prove an inability to engage “in substantial gainful activity by reason of any medically

determinable physical or mental impairment,” or combination of impairments, that can be expected to “result

in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

20 C.F.R. §§ 404.130, 404.315, 404.1505(a).

A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the

claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date

the disability ended. 42 U.S.C. § 416(i)(2)(E); 20 C.F.R. § 404.320.

The Commissioner reaches a determination as to whether a claimant is disabled by way of a five-

stage process. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). See also Ealy v. Comm’r of Soc. Sec., 594 F.3d

504, 512 (6th Cir. 2010); Abbott v. Sullivan, 905 F.2d 918, 923 (6th Cir. 1990). First, the claimant must

demonstrate that they are not currently engaged in “substantial gainful activity” at the time of the disability

application. 20 C.F.R. §§ 404.1520(b), 416.920(b). Second, the claimant must show that they suffer from

a “severe impairment” in order to warrant a finding of disability. 20 C.F.R. §§ 404.1520(c), 416.920(c). A

“severe impairment” is one that “significantly limits . . . physical or mental ability to do basic work

activities.” Abbot, 905 F.2d at 923. Third, if the claimant is not performing substantial gainful activity, has

a severe impairment that is expected to last for at least twelve months, and the impairment, or combination

of impairments, meets or medically equals a required listing under 20 CFR Part 404, Subpart P, Appendix

1, the claimant is presumed to be disabled regardless of age, education, or work experience. See 20 C.F.R.

§§ 404.1520(d), 416.920(d). Fourth, if the claimant’s impairment or combination of impairments does not

prevent the claimant from doing their past relevant work, the claimant is not disabled. 20 C.F.R. §§

404.1520(e)-(f), 416.920(e)-(f). For the fifth and final step, even if the claimant’s impairment does prevent

the claimant from doing their past relevant work, if other work exists in the national economy that the

claimant can perform, the claimant is not disabled. 20 C.F.R. §§ 404.1520(g), 404.1560(c), 416.920(g).

Here, Tayse was insured on the alleged disability onset date, May 30, 2023, and remains insured

through December 31, 2028, the date last insured (“DLI”). (Tr. 91, 143.) Therefore, in order to be entitled

to POD and DIB, Tayse must establish a continuous twelve-month period of disability commencing between

these dates. Any discontinuity in the twelve-month period precludes an entitlement to benefits. See Mullis

v. Bowen, 861 F.2d 991, 994 (6th Cir. 1988); Henry v. Gardner, 381 F.2d 191, 195 (6th Cir. 1967).

IV. SUMMARY OF COMMISSIONER’S DECISION

The ALJ made the following findings of fact and conclusions of law:

1. The claimant meets the insured status requirements of the Social Security Act

through December 31, 2028.

2. The claimant has not engaged in substantial gainful activity since May 30, 2023,

the alleged onset date (20 CFR 404.1571 et seq.).

3. The claimant has the following severe impairments: rheumatoid arthritis; obesity;

peripheral neuropathy; depressive disorder; anxiety disorder; and post-traumatic

stress disorder (PTSD) (20 CFR 404.1520(c)).

4. The claimant does not have an impairment or combination of impairments that

meets or medically equals the severity of one of the listed impairments in 20 CFR

Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526).

5. After careful consideration of the entire record, the undersigned finds that the

claimant has the residual functional capacity to perform sedentary work as defined

in 20 CFR 404.1567(a) except she can frequently handle, finger, and feel

bilaterally; she can occasionally climb ramps or stairs, stoop, kneel, crouch, or

crawl; she can never climb ladders, ropes, or scaffolds; she can frequently balance;

she can operate a motor vehicle but can do no commercial driving; she can never

work at unprotected heights or around moving mechanical parts; she can perform

simple, routine tasks; she can have occasional interaction with supervisors, and she

can have occasional and superficial interaction with coworkers and the public

(where “superficial” means no tasks involving arbitration, negotiation,

confrontation, directing the work of others, persuading others, or being responsible

for the safety or welfare of others); and she can make simple work-related

decisions.

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565).

7. The claimant was born on April 26, 1983, and was 40 years old, which is defined

as a younger individual age 18-44, on the alleged disability onset date (20 CFR

404.1563).

8. The claimant has at least a high school education (20 CFR 404.1564).

9. Transferability of job skills is not material to the determination of disability because

using the Medical-Vocational Rules as a framework supports a finding that the

claimant is “not disabled,” whether or not the claimant has transferable job skills

(See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).

10. Considering the claimant’s age, education, work experience, and residual

functional capacity, there are jobs that exist in significant numbers in the national

economy that the claimant can perform (20 CFR 404.1569 and 404.1569a).

11. The claimant has not been under a disability, as defined in the Social Security Act,

from May 30, 2023, through the date of this decision (20 CFR 404.1520(g)).

(Tr. 91-113.)

V. STANDARD OF REVIEW

The Social Security Act authorizes narrow judicial review of the final decision of the Social Security

Administration (SSA).” Reynolds v. Comm’r of Soc. Sec., 424 F. App’x 411, 414 (6th Cir. 2011).

Specifically, this Court’s review is limited to determining whether the Commissioner’s decision is supported

by substantial evidence and was made pursuant to proper legal standards. See Ealy v. Comm’r of Soc. Sec.,

594 F.3d 504, 512 (6th Cir. 2010); White v. Comm’r of Soc. Sec., 572 F.3d 272, 281 (6th Cir. 2009).

Substantial evidence has been defined as “‘more than a scintilla of evidence but less than a preponderance;

it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Rogers

v. Comm’r of Soc. Sec., 486 F.3d 234, 241 (6th Cir. 2007) (quoting Cutlip v. Sec’y of Health and Human

Servs., 25 F.3d 284, 286 (6th Cir. 1994)). In determining whether an ALJ’s findings are supported by

substantial evidence, the Court does not review the evidence de novo, make credibility determinations, or

weigh the evidence. Brainard v. Sec’y of Health & Human Servs., 889 F.2d 679, 681 (6th Cir. 1989).

Review of the Commissioner’s decision must be based on the record as a whole. Heston v. Comm’r

of Soc. Sec., 245 F.3d 528, 535 (6th Cir. 2001). The findings of the Commissioner are not subject to reversal,

however, merely because there exists in the record substantial evidence to support a different conclusion.

Buxton v. Halter, 246 F.3d 762, 772-73 (6th Cir. 2001) (citing Mullen v. Bowen, 800 F.2d 535, 545 (6th Cir.

1986)); see also Her v. Comm’r of Soc. Sec., 203 F.3d 388, 389-90 (6th Cir. 1999) (“Even if the evidence

could also support another conclusion, the decision of the Administrative Law Judge must stand if the

evidence could reasonably support the conclusion reached.”). This is so because there is a “zone of choice”

within which the Commissioner can act, without the fear of court interference. Mullen, 800 F.2d at 545

(citing Baker v. Heckler, 730 F.2d 1147, 1150 (8th Cir. 1984)).

In addition to considering whether the Commissioner’s decision was supported by substantial

evidence, the Court must determine whether proper legal standards were applied. Failure of the

Commissioner to apply the correct legal standards as promulgated by the regulations is grounds for reversal.

See, e.g., White v. Comm’r of Soc. Sec., 572 F.3d 272, 281 (6th Cir. 2009); Bowen v. Comm’r of Soc. Sec.,

478 F.3d 742, 746 (6th Cir. 2006) (“Even if supported by substantial evidence, however, a decision of the

Commissioner will not be upheld where the SSA fails to follow its own regulations and where that error

prejudices a claimant on the merits or deprives the claimant of a substantial right.”).

Finally, a district court cannot uphold an ALJ’s decision, even if there “is enough evidence in the

record to support the decision, [where] the reasons given by the trier of fact do not build an accurate and

logical bridge between the evidence and the result.” Fleischer v. Astrue, 774 F. Supp. 2d 875, 877 (N.D.

Ohio 2011) (quoting Sarchet v. Chater, 78 F.3d 305, 307 (7th Cir. 1996)); accord Shrader v. Astrue, No.

11-1300, 2012 WL 5383120, at *6 (E.D. Mich. Nov. 1, 2012) (“If relevant evidence is not mentioned, the

Court cannot determine if it was discounted or merely overlooked.”); McHugh v. Astrue, No. 1:10-cv-734,

2011 WL 6130824 (S.D. Ohio Nov. 15, 2011); Gilliam v. Astrue, No. 2:10-CV-017, 2010 WL 2837260

(E.D. Tenn. July 19, 2010); Hook v. Astrue, No. 1:09-cv-1982, 2010 WL 2929562 (N.D. Ohio July 9, 2010).

VI. ANALYSIS

A. Symptom Evaluation.

In her first assignment of error, Tayse argues the ALJ failed to evaluate her symptoms pursuant to

SSR 16-3p. (Doc. No. 7 at 11-17.) Tayse contends the ALJ failed to properly consider the entire case record

and provide specific and valid reasons for finding Plaintiff’s symptoms not consistent with the medical

evidence. (Id. at 12.) Tayse claims the ALJ relies on a June 2022 examination record, which predates the

alleged onset date. (Id. at 13.) Tayse argues the ALJ failed to consider the difficulty she has with activities

of daily living, and did not make it clear why he does not find her subjective allegations as to activities of

daily living consistent with the evidence. (Id. at 14.) Tayse contends the ALJ did not properly consider the

location, duration, frequency, and intensity of her pain or other symptoms and the medication to treat same.

(Id.) Tayse argues that persistent attempts to obtain relief, like changing medications and dosage and trying

a variety of treatments are an indication that plaintiff’s symptoms are intense or persistent. (Id. at 15.) Tayse

asserts the ALJ’s decision is not supported by substantial evidence and lacks the specificity required by SSR

16-3p. (Id. at 15-17.)

In response, the Commissioner argues the ALJ properly considered Tayse’s subjective complaints

and concluded she could perform a range of sedentary work. (Doc. No. 9 at 5.) The Commissioner points

out the ALJ considered Plaintiff’s hearing testimony, statements to the agency, activities, and the objective

medical evidence. (Id.) The Commissioner contends that while the ALJ did consider a June 2022 medical

record, the ALJ also discussed examinations throughout 2023 and 2024. (Id. at 6.) The Commissioner notes

the ALJ also considered the PAMFs of state agency physicians, and concluded Tayse has greater limitations

than noted by the state agency physicians. (Id. at 7.) The Commissioner argues the ALJ also considered

Tayse’s treatment record, including acupuncture and physical therapy, medication she takes to alleviate

symptoms, and her activities of daily living. (Id. at 7-9.) The Commissioner claims the ALJ’s decision is

supported by substantial evidence and should be affirmed solely because the state agency medical consultive

opinions alone may constitute substantial evidence supporting an ALJ’s decision. (Id. at 10.)

A two-step process is used to evaluate an individual’s symptoms. (20 CFR § 404.1529(c)(3),

416.929(c)(3); Soc. Sec. Ruling 16-3p Titles II & XVI: Evaluation of Symptoms in Disability Claims, SSR

16-3P (S.S.A. Oct. 25, 2017), 2017 WL 5180304.) At step one, the ALJ determines whether the individual

has a medically determinable impairment that could reasonably be expected to produce the individual’s

alleged symptoms. (Id.; SSR 16-3p, 2017 WL 5180304 at *3.) At step two, the ALJ evaluates the intensity,

persistence, and limiting effects of the claimant’s symptoms. (Id. at *4.) “[O]bjective medical evidence is a

useful indicator to help make reasonable conclusions about the intensity and persistence of symptoms . . .

[an ALJ] must consider whether an individual’s statements about the intensity, persistence, and limiting

effects of his or her symptoms are consistent with the medical signs and laboratory findings of record.” (Id.

at *5.)

An ALJ may consider the following factors when evaluating the intensity, persistence, and limiting

effects of a claimant’s symptoms:

1. Daily activities;

2. The location, duration, frequency, and intensity of pain or other symptoms;

3. Factors that precipitate and aggravate the symptoms;

4. The type, dosage, effectiveness, and side effects of any medication an

individual takes or has taken to alleviate pain or other symptoms;

5. Treatment, other than medication, an individual receives or has received for

relief of pain or other symptoms;

6. Any measures other than treatment an individual uses or has used to relieve pain

or other symptoms (e.g., lying flat on his or her back, standing for 15 to 20

minutes every hour, or sleeping on a board); and

7. Any other factors concerning an individual’s functional limitations and

restrictions due to pain or other symptoms.

(Id. at *7-8.) An ALJ is not required to analyze all seven factors. Pettigrew v. Berryhill, No. 1:17-CV-01118,

2018 WL 3104229, at *16 (N.D. Ohio June 4, 2018), report and recommendation adopted, No.

1:17CV1118, 2018 WL 3093696 (N.D. Ohio June 22, 2018), citing Cross v. Comm’r of Soc. Sec., 373 F.

Supp. 2d 724, 733 (N.D. Ohio 2005).

In evaluating complaints of pain or other symptoms, an ALJ may properly consider the credibility

of the claimant. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 531 (6th Cir. 1997), citing Kirk v. Secretary

of Health and Human Servs., 667 F.2d 524, 538 (6th Cir.1981), cert. denied, 461 U.S. 957, 103 S.Ct. 2428,

77 L.Ed.2d 1315 (1983). “[A]n ALJ’s findings based on the credibility of the applicant are to be accorded

great weight and deference, particularly since an ALJ is charged with the duty of observing a witness’s

demeanor and credibility.” Id., citing Villarreal v. Secretary of Health and Human Servs., 818 F.2d 461,

463 (6th Cir.1987). “Nevertheless, an ALJ’s assessment of a claimant’s credibility must be supported by

substantial evidence.” Id. citing Beavers v. Secretary of Health, Educ. and Welfare, 577 F.2d 383, 386–87

(6th Cir.1978).

“An ALJ’s determination of subjective evidence receives great deference on review.” Jones v.

Comm’r of Soc. Sec. Admin., No. 1:21-CV-01257-DAC, 2022 WL 3155823, at *16 (N.D. Ohio Aug. 8,

2022), citing Ulman v. Comm’r of Soc. Sec., 693 F.3d 709, 714 (6th Cir. 2012). “Absent compelling reason,

this Court may not disturb the ALJ’s analysis of the claimant’s subjective complaints or the conclusions

drawn from them.” Id., citing Baumhower v. Comm’r of Soc. Sec., No. 3:18-CV-0098, 2019 WL 1282105,

at *2 (N.D. Ohio Mar. 20, 2019). “As long as the ALJ cited substantial, legitimate evidence to support his

factual conclusions, we are not to second-guess[.]” Ulman, 693 F.3d at 713-14.

Here, the ALJ analyzed Tayse’s symptoms, devoting nearly four single spaced pages to her physical

symptoms alone. (Tr. 101-105.) The ALJ wrote, in part:

After careful consideration of the evidence, the undersigned finds that the

claimant’s medically determinable impairments could reasonably be

expected to cause the alleged symptoms; however, the claimant’s

statements concerning the intensity, persistence and limiting effects of these

symptoms are not entirely consistent with the medical evidence and other

evidence in the record for the reasons explained in this decision. As for the

claimant’s statements about the intensity, persistence, and limiting effects

of the claimant’s symptoms, they are not entirely consistent with the

medical evidence of record as discussed below.

The undersigned has considered other factors in assessing the claimant’s

complaints of pain and other symptoms, and how those factors affect the

claimant’s ability to work. These include the following: the claimant’s daily

activities; the nature of the symptoms; precipitating and aggravating factors;

the medications and any side effects; and other treatment followed and

measures used to relieve the symptoms (see 20 CFR 404.1529 and Social

Security Ruling 16-3p). Where examination shows objective medical

evidence of an underlying medical condition, it must be determined

whether: (1) the objective evidence confirms the severity of the alleged pain

arising from the condition; or (2) the objectively established medical

condition is of such severity that it can reasonably be expected to produce

the alleged disabling pain. The undersigned’s interpretation of these

guidelines is that the factors must be carefully considered, but that the

claimant’s allegations of pain and functional loss do not have to be accepted

at face value in every case. Any other interpretation would mean that the

filing of the application and related procedural papers would be

determinative in nearly every case.

In this case, although the medical evidence documented the existence of

impairments that could reasonably be expected to produce a certain degree

of symptoms, the pivotal question is not whether such symptoms exist, but

whether those symptoms occur with such frequency, duration, or severity

as to reduce the claimant’s residual functional capacity or to preclude all

work activity on a continuing and regular basis. Bearing this in mind, the

undersigned finds that restricting the claimant to performing the range of

work described above adequately addresses the location, duration,

frequency, and intensity of the claimant’s alleged symptoms as well as

precipitating and aggravating factors. The claimant’s testimony and

allegations are not entirely consistent with the record as a whole.

Medical Evidence of Physical Impairments

The record supports that the claimant has experienced functional limitations

related to rheumatoid arthritis, obesity, and peripheral neuropathy. The

record supports height, weight, and body mass index (“BMI”) scores

consistent with the diagnosis of obesity (see e.g., BMI of 36.02 (2F/297

(07/05/22)); BMI of 40.24 (1F/118 (10/09/23)); BMI of 41.69 (1F/30

(01/25/24))).

The claimant’s other remarkable examination findings and reports include

the following: in June of 2022, the claimant reported bilateral wrist pain,

but her imaging was unremarkable. On examination, she had full range of

motion in her spine; she had no peripheral neuropathy in her upper or lower

extremities; her gait and balance were normal; but she had tenderness in the

right and left wrists worse on the right, though she had normal sensation,

circulation, motor function, and joint mobility otherwise. Her provider

recommended surgery for the right wrist (2F/317-319 (06/14/22)), which

she underwent in July of 2022 (2F/289-292 (07/08/22)). A few weeks after

surgery, she reported relief in her pain level (2F/278 (07/19/22)). She also

did some occupational therapy to rehabilitate the wrist (e.g., 2F/289-289

(07/12/22); 2F/275-278 (07/19/22)). In September of 2022, she reported

worsening neuropathic pain in her feet. She was provided pain medication

and referred for further testing (2F/233-236 (09/23/22)). At an examination

in October, her extremities were normal, she had normal range of motion

and muscle strength, her sensation was grossly intact, and her gait was

normal (2F/221-224 (10/21/22)).

She had a consultation with vascular medicine in March of 2023 related to

leg pain and swelling. On examination, her pulses were normal bilaterally;

she had few scattered varicose and reticular veins and a patch of venous

telangiectasias; but she had no pitting edema. Her provider recommended

support hose and further testing (2F/137-141 03/31/23)). At a follow up

with her primary provider a few weeks later, she reported chronic leg and

hand pain, and on examination, her hands had a reticular lacy pattern

vascular on dorsum and pain with palpation at the wrists and

metacarpophalangeal joints. She was referred to rheumatology (2F/130-132

(04/11/23)). At the rheumatology consultation later that month, she had a

livedo rash on her hands and forearms bilaterally, multiple boutonniere

deformities bilaterally, and tenderness in her elbows, wrists, cervical and

lumbar spines, ankles, and feet. Her lab results also indicated an

autoimmune disease (see 3F/18). She was assessed with rheumatoid

arthritis, and she was provided information regarding possible medications

for treatment (2F/115-124 (04/27/23)). At a follow-up rheumatology visit

in June of 2023, the claimant was tolerating injection medication once each

week and reported some improvement; however, the claimant also stopped

taking her pain medication and reported worsening numbness tingling in

her hands and feet. On examination, she had normal range of motion, no

swelling, and no tenderness in her back, shoulders, hips, or left knee, and

she had less swelling and tenderness in her elbows, wrists, hands, right knee,

and feet (2F/73-81 (06/01/23)). Her podiatric examination that month

showed 5/5 muscle strength in her feet, and the podiatrist recommended

supportive footwear to alleviate pain and paresthesia (2F/64-68 (06/19/23)).

At a follow-up with her primary care provider in July of 2023, she reported

abdominal pain, fatigue, and pain in her wrists, hands, and knees. Her

provider prescribed a muscle relaxant (2F/34-37 (07/20/23)). In September,

she reported a significant decrease in swelling in her hands, but she still had

pain in her hands, wrists, and feet (4F/12-20 (09/15/23)). She reported that

her rheumatoid arthritis pain was under better control in October of 2023

(1F/91-94 (10/27/23)). At a consultative psychological examination in

January of 2024, she walked into the examination room with an

unremarkable gait and without any assistive devices; however, when she

got up to leave, she moved stiffly (6F/2, 4 (01/08/24)). A physical

examination a few weeks later was unremarkable (1F/34-37 (01/18/24)). At

the end of the month, she noted about 70% improvement in her symptoms

at her rheumatology follow-up. She still had tenderness in her wrists and

hands, but her other tenderness and swelling improved from her prior visit.

Her medication was adjusted in the hopes of reaching remission (1F/26-33

(01/25/24)).

The record reflects that the claimant had a consultation with an acupuncture

clinic on February 16, 2024. At the exam, she had tenderness, pain to

palpation, limited range of motion, and tightness in her back, neck, fingers,

and knees; her gait was slow; and she had edema in the fingers and knees.

She received treatment that day (7F/67-74 (02/16/24)). At an appointment

the following week, she reported having back spasms after the last

appointment, but her neck and back pain were relieved (7F/56-58

(02/23/24)). She also underwent a physical therapy evaluation in that

month, where she had tenderness and slightly reduced strength (4/5) in her

hips bilaterally; she had slightly limited range of motion in her lumbar

spine; she had slightly reduced strength in her knees (4/5); and her gait was

antalgic with a lateral lean (7F/20-24 (02/28/24)).

Aside from intermittent findings related to pain and swelling, the claimant’s

exam findings of record generally show improvement in the claimant’s

symptoms with treatment, and they demonstrate that the claimant’s physical

functioning is largely intact. In sum, this evidence supports physical

functional limitations, but not to the extent alleged.

(Id. at 102-105.) In his analysis, the ALJ wrote, in part:

After careful consideration, the undersigned finds that the claimant’s

allegations are not entirely consistent with the evidence of record. The

claimant has alleged disability from difficulty with lifting, walking,

standing, sitting, squatting, bending, reaching, kneeling, climbing stairs,

and using her hands. She has difficulty with joint pain and swelling. She

also reported that she experiences burning in her legs. She also reported

difficulty with memory, completing tasks, concentration, understanding,

following instructions, and getting along with others. She does not handle

stress or changes in routine well (Testimony; 4E/1-3; 5E/1-4; 6E; 9E).

The claimant’s allegations of disabling physical functional limitations are

not entirely consistent with the evidence of record. The claimant has alleged

difficulty with both exertional and non-exertional activities. However, the

examinations of record do not support more disabling physical functional

limitations than those set forth in the residual functional capacity finding.

At an examination in June of 2022, she had full range of motion in her spine;

she had no peripheral neuropathy in her upper or lower extremities; her gait

and balance were normal; but she had tenderness in the right and left wrists

worse on the right, though she had normal sensation, circulation, motor

function, and joint mobility otherwise. She underwent right wrist surgery,

which provided some relief along with therapy (2F/317-319 (06/14/22);

2F/289-292 (07/08/22); 2F/278 (07/19/22); 2F/289-289 (07/12/22); 2F/275-

278 (07/19/22)). After receiving medication for worsening neuropathic pain

in her feet (2F/233-236 (09/23/22)), her extremities were normal, she had

normal range of motion and muscle strength, her sensation was grossly

intact, and her gait was normal (2F/221-224 (10/21/22)). After being

assessed with rheumatoid arthritis and starting treatment, she was tolerating

injection medication once each week and reported some improvement;

however, the claimant also stopped taking her pain medication and reported

worsening numbness tingling in her hands and feet. On examination, she

had normal range of motion, no swelling, and no tenderness in her back,

shoulders, hips, or left knee, and she had less swelling and tenderness in her

elbows, wrists, hands, right knee, and feet (2F/73-81 (06/01/23)). Her

podiatric examination that month showed 5/5 muscle strength in her feet

(2F/64-68 (06/19/23)). In September, she reported a significant decrease in

swelling in her hands, but she still had pain in her hands, wrists, and feet

(4F/12-20 (09/15/23)). She reported that her rheumatoid arthritis pain was

under better control in October of 2023 (1F/91-94 (10/27/23)). At a

consultative psychological examination in January of 2024, she walked into

the examination room with an unremarkable gait and without any assistive

devices; however, when she got up to leave, she moved stiffly (6F/2, 4

(01/08/24)). A physical examination a few weeks later was unremarkable

(1F/34-37 (01/18/24)). At the end of the month, she noted about 70%

improvement in her symptoms at her rheumatology follow-up. She still had

tenderness in her wrists and hands, but her other tenderness and swelling

improved from her prior visit. Her medication was adjusted in the hopes of

reaching remission (1F/26-33 (01/25/24)). She underwent acupuncture

therapy, which relieved her neck and back pain (7F/67-74 (02/16/24);

7F/56-58 (02/23/24)). She also underwent a physical therapy evaluation in

that month, where she had tenderness and slightly reduced strength (4/5) in

her hips bilaterally; she had slightly limited range of motion in her lumbar

spine; she had slightly reduced strength in her knees (4/5); and her gait was

antalgic with a lateral lean (7F/20-24 (02/28/24)). These findings support

some limitations, but they are not entirely consistent with allegations of

more disabling physical functional limitations than those set forth in the

residual functional capacity finding. After reviewing the medical evidence

of record available to them, including some of the above physical

examination findings and imaging, the state agency medical consultants

opined that the claimant is capable of light exertion with additional

limitations on climbing and postural activities (1A/2-8; 3A/2-7). Even so,

the residual functional capacity finding limits the claimant to sedentary

exertion based on the combined effects of her impairments, which is

consistent with the evidence, but not entirely consistent with allegations of

more disabling physical limitations.

In sum, the claimant’s alleged physical functional limitations are not

entirely consistent with the claimant’s reported daily functioning, the

examination findings of record, and the persuasive portions of the medical

opinions. Nonetheless, the above evidence supports that the claimant has

experienced the degree of limitation reflected in the residual functional

capacity assessment above.

(Id. at 106-107.) The ALJ considered the objective medical evidence, including the location, duration,

frequency, and intensity of pain and other symptoms, factors that aggravate symptoms, effectiveness and

side effects of medication, and other treatment Tayse has received. Moreover, the ALJ considered her

activities of daily living, including her ability to do laundry and prepare simple meals. (Id. at 102.)

Ultimately, the ALJ discussed several of the seven factors set forth in SSR 16-3p for finding Tayse’s

impairments not as debilitating as she alleged. (Id. at 102-105.) Moreover, the ALJ relied on the PAMFs,

and imposed an RFC that was more restrictive than the limitations recommended by that state agency

consultant’s recommendations. (Id. at 109.) “There is ample case law concluding that State Agency medical

consultative opinions may constitute substantial evidence supporting an ALJ's decision.” Maldonado o/b/o

A.C. v. Kijakazi, No. 4:20-CV-1878, 2022 WL 361038, at *6 (N.D. Ohio Jan. 14, 2022), report and

recommendation adopted sub nom. Maldonado o/b/o A.C. v. Comm'r of Soc. Sec., No. 4:20-CV-1878, 2022

WL 356557 (N.D. Ohio Feb. 7, 2022).

An ALJ must follow the two-step process for evaluating a claimant’s symptoms and as part of that

evaluation, an ALJ must consider whether the symptoms are consistent with the objective medical evidence

and he did so here. SSR 16-3p, 2017 WL 5180304 at *5. Substantial evidence supports the ALJ’s decision.

See Rogers, 486 F.3d at 241. Given the high level of deference owed to an ALJ’s findings with respect to

the evaluation of a claimant’s alleged symptoms and resulting limitations, under the circumstances presented

herein, the court does not find the ALJ’s symptom analysis was insufficient.

There is no error.

B. Appeals Council Evidence.

In her second assignment of error, Tayse argues the “new and material evidence” submitted to the

Appeals Council warrants remand. (Doc. No. 7 at 17.) Tayse contends the evidence related to the

impairments Plaintiff was suffering at the time of the hearing, and the evidence was not submitted at the

time because the examinations occurred after the ALJ’s decision. (Id. at 18.) Tayse maintains this evidence

documents worsening symptoms which could have changed the outcome of the ALJ’s decision. (Id.)

In response, the Commissioner argues the additional evidence submitted to the Appeals Council does

not warrant remand. (Doc. No. 9 at 11.) The Commissioner contends remand under Sentence Six of 42

U.S.C. § 405(g) requires showing the evidence is new and material, and Tayse has not shown the evidence

is material. (Id. at 11.) The Commissioner claims Tayse was diagnosed with carpal tunnel in July 2025, but

the treatment note reveals she had a six-month history of bilateral carpal tunnel, which means symptoms

began five months before the ALJ’s decision. (Id. at 11-12.) Given that symptoms were occurring months

before the ALJ decision, the Commissioner maintains it is unlikely the ALJ’s decision would have been

different, especially because the ALJ included manipulative limitations in the RFC. (Id. at 12.) The

Commissioner argues if Tayse’s condition further deteriorated after the ALJ’s decision, the remedy would

be to file a new application. (Id.) The Commissioner notes case law supporting the fact that conservative

treatment, like the physical therapy Tayse engaged for her shoulder, is unlikely to change the outcome of a

decision. (Id. at 12-13.)

[W]here the Appeals Council considers new evidence but declines to review

a claimant's application for disability insurance benefits on the merits, the

district court cannot consider that new evidence in deciding whether to

uphold, modify, or reverse the ALJ's decision. The district court can,

however, remand the case for further administrative proceedings in light of

the evidence, if a claimant shows that the evidence is new and material, and

that there was good cause for not presenting it in the prior proceeding.”

Cline v. Comm'r of Soc. Sec., 96 F.3d 146, 148–49 (6th Cir. 1996). “For the purposes of a 42 U.S.C. § 405(g)

remand, evidence is new only if it was ‘not in existence or available to the claimant at the time of the

administrative proceeding.’” Foster v. Halter, 279 F.3d 348, 357 (6th Cir. 2001), citing Sullivan v.

Finkelstein, 496 U.S. 617, 626, 110 S.Ct. 2658, 110 L.Ed.2d 563 (1990). Such evidence is “material” only

if there is “a reasonable probability that the Secretary would have reached a different disposition of the

disability claim if presented with the new evidence.” Id., quoting Sizemore v. Sec'y of Health & Human

Servs., 865 F.2d 709, 711 (6th Cir.1988). “Good cause” is shown by demonstrating a reasonable justification

for the failure to acquire and present the evidence for inclusion in the hearing before the ALJ. Willis v. Sec'y

of Health & Human Servs., 727 F.2d 551, 554 (1984) (per curiam). The burden of showing that a remand is

appropriate is on the claimant. Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986).

Foster v. Halter, 279 F.3d 348, 357 (6th Cir. 2001).

There is no dispute that the evidence submitted it new, however, Tayse has not met her burden to

show the evidence is material. Here, the Appeals Council reviewed the medical records to it and wrote the

following when rejecting Tayse’s request for review of the ALJ’s decision:

You submitted office treatment records from Cleveland Clinic Foundation,

dated January 30, 2025 to April 16, 2025 (34 pages), a medical report from

Cleveland Clinic, dated May 8, 2025 (2 pages), physical therapy records

from Cleveland Clinic Rehabilitation and Sports Therapy, dated May 27,

2025 (9 pages), and a medical report from Cleveland Clinic, dated June 3,

2025 (3 pages). The Administrative Law Judge decided your case through

August 12, 2024. This additional evidence does not relate to the period at

issue. Therefore, it does not affect the decision about whether you were

disabled beginning on or before August 12, 2024.

If you want us to consider whether you were disabled after August 12, 2024,

you need to apply again. If you file a new claim for disability insurance

benefits within 6 months after you receive this letter, we can use September

24, 2024, the date of your request for review, as the date of your new claim.

The date you file a new claim can make a difference in the amount of

benefits we can pay.

You have the right to file a new application at any time, but filing a new

application is not the same as filing a civil action. If you disagree with our

action and file a new application instead of filing a civil action, you might

lose some benefits or not qualify for any benefits. So, if you disagree with

our action, you should file a civil action within 60 days as described below.

(Tr. 2.) Tayse argues the new evidence shows worsening condition; however, the treatment note details

symptoms arising five months before the ALJ’s decision. Thus, it is unlikely the ALJ’s decision would be

different as the symptoms were considered and a diagnosis alone does not establish that a condition is

disabling. See Baker v. Colvin, 2016 WL 4128435, at *13 (N.D. Ohio Aug. 3, 2016). The records concerning

Tayse’s shoulder pain show only conservative treatment in physical therapy and therefore it is unlikely this

record would not have changed the outcome of the ALJ’s decision especially considering the ALJ included

additional limitations in his sedentary RFC. See Alicia B. v. Comm'r of Soc. Sec., No. CV 25-10627, 2026

WL 575332, at *6 (E.D. Mich. Mar. 2, 2026) (ALJ did not err in considering conservative treatment at odds

with imposing extreme limitations.) In the Sixth Circuit the Commissioner’s decision “cannot be overturned

if substantial evidence, or even a preponderance of the evidence, supports the claimant’s position, so long

as substantial evidence also supports the conclusion reached by the ALJ.” See Jones v. Comm’r of Soc. Sec.,

336 F.3d 469, 477 (6th Cir. 2003). Substantial evidence supports the Commissioner’s decision.

There is no error.

VII. CONCLUSION

For the foregoing reasons, the Magistrate Judge recommends that the Commissioner’s final

decision be AFFIRMED.

Date: August 14, 2026 s/ Jonathan Greenberg

Jonathan D. Greenberg

United States Magistrate Judge

OBJECTIONS

Any objections to this Report and Recommendation must be filed with the Clerk of Courts

within fourteen (14) days after being served with a copy of this document. Failure to file objections

within the specified time may forfeit the right to appeal the District Court’s order. Berkshire v.

Beauvais, 928 F.3d 520, 530-31 (6th Cir. 2019).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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