Opinion

Christopher F. v. Commissioner of Social Security

Court
District Court, S.D. Ohio
Filed
Sep 4, 2026
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

:

Christopher F.,1 :

: Case No. 2:24-cv-3148

Plaintiff, :

: Judge Graham

v. :

:

Commissioner of Social : Magistrate Judge Litkovitz

Security, :

:

Defendant. :

OPINION & ORDER

Plaintiff Christopher F. (“Plaintiff”) initiated this action for judicial review of

the final decision of the Commissioner of Social Security (“Commissioner”) denying

Plaintiff’s applications for disability insurance benefits (“DIB”). See Statement of

Errors, doc. 8. The Magistrate Judge issued a Report and Recommendation (“R&R”)

which found Plaintiff’s Statement of Errors unpersuasive and recommended that the

Commissioner’s final decision be affirmed. Doc. 11. Plaintiff’s objections to the R&R

are now before the Court and ripe for ruling. Doc. 12. For the reasons that follow, the

Court OVERRULES the objections, ADOPTS the R&R, in full, and therefore

AFFIRMS the Commissioner’s final decision and DISMISSES this matter.

1 Pursuant to General Order 22-01, due to significant privacy concerns in social security

cases, any opinion, order, judgment, or other disposition in social security cases in the

Southern District of Ohio shall refer to plaintiffs only by their first names and last initials.

LEGAL FRAMEWORK & STANDARD OF REVIEW

Social Security

To qualify for disability benefits, a claimant must suffer from a medically

determinable physical or mental impairment that can be expected to result in death

or that has lasted or can be expected to last for a continuous period of not less than

12 months. 42 U.S.C. §§ 423(d)(1)(A) (DIB), 1382c(a)(3)(A) (SSI). The impairment

must render the claimant unable to engage in the work previously performed or in

any other substantial gainful employment that exists in the national economy.

42 U.S.C. §§ 423(d)(2), 1382c(a)(3)(B).

Regulations promulgated by the Commissioner establish a five-step sequential

evaluation process for disability determinations:

1) If the claimant is doing substantial gainful activity, the

claimant is not disabled.

2) If the claimant does not have a severe medically

determinable physical or mental impairment – i.e., an

impairment that significantly limits his or her physical or

mental ability to do basic work activities – the claimant is

not disabled.

3) If the claimant has a severe impairment(s) that meets or

equals one of the listings in Appendix 1 to Subpart P of the

regulations and meets the duration requirement, the

claimant is disabled.

4) If the claimant’s impairment does not prevent him or her

from doing his or her past relevant work, the claimant is

not disabled.

5) If the claimant can make an adjustment to other work,

the claimant is not disabled. If the claimant cannot make

an adjustment to other work, the claimant is disabled.

Rabbers v. Comm’r of Soc. Sec., 582 F.3d 647, 652 (6th Cir. 2009) (citing 20 C.F.R. §§

404.1520(a)(4)(i)-(v), 404.1520(b)-(g)).

The claimant has the burden of proof at the first four steps of the sequential

evaluation process. Id.; Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 548 (6th Cir.

2004). Once the claimant establishes a prima facie case by showing an inability to

perform the relevant previous employment, the burden shifts to the Commissioner to

show that the claimant can perform other substantial gainful employment and that

such employment exists in the national economy. Rabbers, 582 F.3d at 652; Harmon

v. Apfel, 168 F.3d 289, 291 (6th Cir. 1999).

Judicial Review

Judicial review of the Commissioner’s determination is limited in scope by 42

U.S.C. § 405(g) and involves a twofold inquiry: (1) whether the findings of the ALJ

are supported by substantial evidence, and (2) whether the ALJ applied the correct

legal standards. See Blakley v. Comm’r of Soc. Sec., 581 F.3d 399, 405 (6th Cir. 2009);

see also Bowen v. Comm’r of Soc. Sec., 478 F.3d 742, 745-46 (6th Cir. 2007).

The Commissioner’s findings must stand if they are supported by “such

relevant evidence as a reasonable mind might accept as adequate to support a

conclusion.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (quoting Consolidated

Edison Co. v. N.L.R.B., 305 U.S. 197, 229 (1938)). Substantial evidence consists of

“more than a scintilla of evidence but less than a preponderance.” Rogers v. Comm’r

of Soc. Sec., 486 F.3d 234, 241 (6th Cir. 2007). In deciding whether the

Commissioner’s findings are supported by substantial evidence, the Court considers

the record as a whole. Hephner v. Mathews, 574 F.2d 359 (6th Cir. 1978).

The Court must also determine whether the ALJ applied the correct legal

standards in the disability determination. Even if substantial evidence supports the

ALJ’s conclusion that the plaintiff is not disabled, “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.” Rabbers, 582 F.3d at 651 (quoting Bowen, 478 F.3d at 746); see also Wilson,

378 F.3d at 545–46 (reversal required even though ALJ’s decision was otherwise

supported by substantial evidence where ALJ failed to give good reasons for not

giving weight to treating physician’s opinion, thereby violating the agency’s own

regulations).

Objections to a Report and Recommendation

If a party raises timely objections to the report and recommendation of a

magistrate judge, the court “shall make a de novo determination of those portions of

the report or specified proposed findings or recommendations to which objection is

made.” 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b). Upon review, the court

“may accept, reject, or modify, in whole or in part, the findings or recommendations

made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Hardy v. Comm'r of Soc. Sec.,

554 F. Supp. 3d 900, 904 (E.D. Mich. 2021) “The filing of objections provides the

district court with the opportunity… to focus attention on those issues-factual and

legal-that are at the heart of the parties’ dispute.” Hardy v. Comm'r of Soc. Sec., 554

F. Supp. 3d 900, 904 (E.D. Mich. 2021) (quoting United States v. Walters, 638 F.2d

947 (6th Cir. 1981) and Thomas v. Arn, 474 U.S. 140, 147, 106 S.Ct. 466, 88 L.Ed.2d

435 (1985)). Therefore, “only those specific objections to the magistrate's report made

to the district court will be preserved for appellate review.” Smith v. Detroit Fed'n of

Tchrs. Loc. 231, Am. Fed'n of Tchrs., AFL-CIO, 829 F.2d 1370, 1373 (6th Cir. 1987).

SUMMARY OF ADMINISTRATIVE RECORD

Neither party raises any issues with the Magistrate Judge’s recitation of the

ALJ’s findings of fact and conclusions of law in the R&R:

The ALJ applied the sequential evaluation process and made

the following findings of fact and conclusions of law:

1. [Plaintiff] meets the insured status requirements of

the Social Security Act through June 30, 2025.

2. [Plaintiff] engaged in substantial gainful activity

during 2022 (20 CFR 404.1520(b) and 404.1571 et

seq.).

3. However, there has been a continuous 12-month

period(s) during which [plaintiff] did not engage in

substantial gainful activity. The remaining findings

address the period(s) [plaintiff] did not engage in

substantial gainful activity.

4. [Plaintiff] has the following severe impairments:

Carpal Tunnel Syndrome, Asthma, Migraine, Traumatic

Brain Injury, Obstructive Sleep Apnea, a history of

Degenerative Joint Disease of the Bilateral Shoulders -

status/post Rotator Cuff and Bicep Repair procedures,

a history of a healed, nondisplaced Fracture of the

Coccyx, Degenerative Joint Disease of the Bilateral

Knees, Post-traumatic Stress Disorder, Anxiety, and

Major Depressive Disorder (20 CFR 404.1520(c)).

5. [Plaintiff] 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).

6. After careful consideration of the entire record, the

[ALJ] finds that [plaintiff] has the residual functional

capacity to perform light work as defined in 20 CFR

404.1567(b), except he could stand and/or walk for 4

hours in an 8-hour work day; he could sit for 6 hours in

an 8-hour workday; he could occasionally climb ramps

and stairs; he should avoid climbing ladders, ropes, or

scaffolds; he could occasionally stoop, kneel, or

crouch; he should avoid crawling; he could

occasionally reaching overhead with the bilateral upper

extremities; he [could] frequently push and/or pull,

handle, and finger with the bilateral upper extremities;

he should avoid exposure to hazards, including moving

machinery, heavy machinery, and unprotected heights;

he should avoid commercial driving; he should avoid

concentrated exposure to extreme loud noises, such

as that found at a rock concert; he should avoid

concentrated exposure to vibrations, such as with a

jackhammer; he should avoid concentrated exposure

to fumes, odors, dust, gases, and pulmonary irritants;

he could perform simple, routine tasks with few

detailed instructions, but should avoid fast pace work

or jobs with strict production quotas; he could tolerate

occasional changes and occasional decision-making in

a static work environment, where any changes are well

explained; and he could tolerate occasional, but

superficial interactions with coworkers, supervisors,

and the public, where superficial is defined as that

which is beyond the performance of job duties and job

functions for specific purpose and a short duration.

7. [Plaintiff] is unable to perform any past relevant work

(20 CFR 404.1565).

8. [Plaintiff] was born [in] . . . 1978 and was 41 years

old, which is defined as a younger individual age 18-

49, on the alleged disability onset date (20 CFR

404.1563).

9. [Plaintiff] has at least a high school education (20

CFR 404.1564).

10. 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

[plaintiff] is “not disabled,” whether or not [plaintiff] has

transferable job skills (See SSR 82-41 and 20 CFR Part

404, Subpart P, Appendix 2).

11. Considering [plaintiff]’s age, education, work

experience, and residual functional capacity, there are

jobs that exist in significant numbers in the national

economy that [plaintiff] can perform (20 CFR 404.1569

and 404.1569a).

12. [Plaintiff] has not been under a disability, as defined

in the Social Security Act, from January 20, 2020,

through the date of this decision (20 CFR 404.1520(g)).

(Tr. 2004-22).

Doc. 11, # 2332-34. 2

DISCUSSION

Plaintiff encourages the Court to consider all the arguments he presents in his

Statement of Specific Errors; however, his objections to the R&R are narrower.3

As the Magistrate Judge stated in the R&R, Plaintiff alleged two errors related

to step four of the sequential evaluation process. First, Plaintiff argues that the ALJ

2 Page numbers following the “#” symbol refer to the ECF PAGEID numbering system. Page

numbers following “Tr.” refer to the pagination of the administrative record.

3 As noted above, the Court need only conduct de novo review “of those portions of the report

or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. §

636(b)(1). The Court reviews the remaining portions of the R&R—to which no objection is

made—for clear error. Fed. R. Civ. P. 72, advisory committee note (“When no timely objection

is filed, the court need only satisfy itself that there is no clear error on the face of the record

in order to accept the recommendation.”).

improperly dismissed the findings of psychological consulting opinion sources that

plaintiff should be limited to one- or one-to-three step tasks. Second, Plaintiff argues

that the ALJ improperly substituted her own definition of “superficial interaction” for

purposes of her RFC determination.

As to the first assignment of error, the Magistrate Judge discussed the two

medical opinions at issue (one of which was based upon the findings of the other) and

the ALJ’s assessment of the same. See doc. 11, # 2335-42. The Magistrate Judge found

that the ALJ adequately explained the consistency and supportability factors in

discounting each opinion. Id. Plaintiff raises no objection regarding this portion of the

R&R, and the Court finds no clear error on the face of the same.

Plaintiff’s objections focus instead on the second assignment of error, regarding

the ALJ’s definition of “superficial interaction.” In a nutshell, Plaintiff, at the

administrative hearing, pressed for a definition of the phrase which would have been

work-preclusive, while the ALJ used a definition which was accounted for in the RFC

determination. Plaintiff’s proffered definition came from a separate decision by the

Appeals Council in an unrelated case.

The Magistrate Judge found Plaintiff’s argument unpersuasive, observing that

“decisions of the appeals council are not binding in unrelated cases” (doc. 11, # 2343

(citing Markcus C. v. Comm’r of Soc. Sec., No. 2:22-cv-1917, 2023 WL 1783514, at *1

(S.D. Ohio Feb. 6, 2023) (report and recommendation), adopted, 2023 WL 2162261

(S.D. Ohio Feb. 22, 2023))) and reasoning that “the ALJ alone is responsible for

determining a plaintiff’s RFC.” Id. at # 2344 (citing 20 C.F.R. § 404.1546(c)). However,

the Magistrate Judge further noted that “the relevant question… is not whether the

ALJ explained why she adopted a particular definition of the term

‘superficial’…rather, the question is whether an ALJ’s chosen definition of the term

superficial is ‘supported by substantial evidence’ and ‘not contradicted by other record

evidence.” Id. at # 2346 (quoting Richard S. v. Comm'r of Soc. Sec., No. 2:22-CV-2176,

2023 WL 2805347, at *14 (S.D. Ohio Apr. 6, 2023), report and recommendation

adopted, No. 2:22-CV-2176, 2023 WL 6318135 (S.D. Ohio Sept. 28, 2023)).

In his objections, Plaintiff agrees with and reiterates the Magistrate Judge’s

articulation of the relevant question. See doc. 12, # 2350. However, he argues that the

Magistrate Judge “seems to misinterpret the purpose of the reason behind submitting

the definition of superficial from the appeals council.” Id. at # 2351. Plaintiff contends

that he was not intending to “claim that the ALJ was required to adopt a certain

definition,” but “was providing evidence regarding a potential definition for the term

‘superficial’ interaction.” Id. Ergo, Plaintiff reasons, the ALJ’s definition is

contradicted by other record evidence.

The Court is skeptical as to whether Plaintiff can convert portions of a non-

binding decision into “record evidence” that the ALJ must explain away. Plaintiff’s

argument appears to depend on that framework to conjure, at most, an articulation

error on the part of the ALJ for failing to “[explain] why her definition was better

suited than the definition provided by the Appeals Council.” Doc. 12, # 2352.

Regardless, Plaintiff concedes that “the term [(‘superficial’)] was found to be

supported by substantial evidence as the ALJ included it in the [RFC].” Id. at # 2351.

“Thus,” Plaintiff continues, “the question is what does that term mean.” Id. But the

ALJ answered that question in the decision when she expressly defined “superficial”

as “that which is beyond the performance of job duties and job functions for specific

purpose and a short duration.” Tr. 2009. That is the definition which is substantially

supported by the record evidence, as Plaintiff concedes. Plaintiff cannot endorse the

substantial support for the ALJ’s definition only to claim that it actually supports the

materially different definition that he prefers. See Betz v. Comm'r of Soc. Sec., No.

3:21-CV-2408, 2022 WL 17717496, at *11 (N.D. Ohio Nov. 8, 2022), report and

recommendation adopted, No. 3:21 CV 2408, 2022 WL 17985680 (N.D. Ohio Dec. 29,

2022) (“the ALJ needed to explain why he determined that [claimant] was limited to

superficial contact as [the ALJ] defined it, and it is sufficient that the record not be

clearly contrary to that definition.”).

In sum, the Court is not persuaded by Plaintiff’s objections.

CONCLUSION

For the reasons set forth above, the Court finds no error in the ALJ’s benefits

determination. Therefore, Plaintiff’s objections are OVERRULED, the Magistrate

Judge’s R&R is ADOPTED, Plaintiff’s Statement of Specific Errors is

OVERRULED, the Commissioner’s finding is AFFIRMED, and this case is

DISMISSED.

IT IS SO ORDERED.

s/ James L. Graham

JAMES L. GRAHAM

United States District Judge

DATE: September 4, 2026

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.