United States District Court, E.D. Michigan, Southern Division
Thomas
L. Ludington United States District Judge
REPORT AND RECOMMENDATION CROSS-MOTIONS FOR SUMMARY
JUDGMENT (DKTS. 13, 18)
STEPHANIE DAWKINS DAVIS UNITED STATES MAGISTRATE JUDGE.
I.
PROCEDURAL HISTORY
A.
Proceedings in this Court
On May
25, 2018, plaintiff Frank Martincic filed the instant suit.
(Dkt. 1). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
Rule 72.1(b)(3), District Judge Thomas L. Ludington referred
this matter to the undersigned to review the
Commissioner's unfavorable decision that Martincic's
disability ended as of August 22, 2013. (Dkt. 3). This matter
is before the Court on cross-motions for summary judgment.
(Dkts. 13, 18).
B.
Administrative Proceedings
On June
15, 2010, Martincic filed an application for period of
disability and disability insurance benefits, with an amended
onset date of December 31, 2009. (Tr. 109,
114).[1] Martincic's claims were initially
denied; he requested a hearing and appeared with counsel on
May 12, 2011 before Administrative Law Judge Jacqueline Y.
Hall-Keith. (Tr. 30-60). In a decision dated May 25, 2011,
ALJ Hall-Keith found Martincic disabled as of December 31,
2009. (Tr. 105-114). On August 22, 2013, the agency
determined that Martincic was no longer disabled. (Tr. 15).
This determination was upheld on reconsideration.
Id. Martincic filed a request for hearing and
appeared on March 22, 2017 with counsel before ALJ Kari
Deming. (Tr. 61-104). In a decision dated August 10, 2017,
ALJ Deming found that Martincic was no longer disabled as of
August 22, 2013. (Tr. 12-23). Martincic requested a review of
this decision and the ALJ's decision became the final
decision of the Commissioner when the Appeals Council, on May
4, 2018, denied his request for review. (Tr. 1-7); Wilson
v. Comm'r of Soc. Sec., 378 F.3d 541, 543-44 (6th
Cir. 2004).
For the
reasons set forth below, the undersigned
RECOMMENDS that the Court
GRANT plaintiff's motion for summary
judgment, DENY defendant's motion for
summary judgment, REVERSE the findings of
the Commissioner, and REMAND the case to the
Commissioner for further proceedings under Sentence Four.
II.
FACTUAL BACKGROUND
A.
ALJ Findings
Martincic
was born in 1973 and was 39 years old on the date the ALJ
determined his disability ended. (Tr. 21). He has worked as a
mill right (skilled, heavy) and a machine builder (skilled,
medium). (Tr. 21). He graduated from high school and has some
specialized vocational training, along with two years of
college. (Tr. 36). Martincic lives with his three children,
his parents, and his sister. (Tr. 69). He stopped working in
2009 when he was laid off, shortly before an automobile
accident, although he attempted to return to work after the
accident. (Tr. 39-40).
In view
of her determination that Martincic was no longer disabled as
of August 22, 2013, the ALJ undertook to “determine if
there has been any medical improvement in [the
claimant's] impairment(s) and, if so, whether this
medical improvement is related to [the claimant's]
ability to work.” 20 C.F.R. § 416.994(b). The ALJ
ascertains medical improvement by utilizing an eight-step
sequential evaluation that largely mirrors the traditional
five-step sequential disability evaluation. 20 C.F.R. §
416.994(b)(5)(i)-(viii); 20 C.F.R. § 404.1594(f)(1-8).
At step one, the ALJ determined that Martincic has not
engaged in substantial gainful activity since August 22,
2013, the date his disability ended. (Tr. 17). At step two,
the ALJ determined that since August 22, 2013, Martincic did
not have an impairment or combination of impairments that met
or medically equaled a Listing. (Tr. 17-18). At step three,
the ALJ found that medical improvement had occurred as of
August 22, 2013. (Tr. 18). The ALJ determined that Martincic
did not have any new impairments since August 22, 2013 and
thus, his severe impairments were the same as those from
“comparison point decision” dated May 25, 2011:
lumbar spine injury with radiculopathy, status-post motor
vehicle accident. (Tr. 17). Yet, the ALJ also acknowledged
that Martincic suffered from non-severe degenerative joint
disease of the knees, headaches, diabetes, hypertension, and
anxiety. (Tr. 17).
Thereafter,
the ALJ assessed Martincic's residual functional capacity
(“RFC”), as of August 22, 2013, to perform a
range of sedentary work, limited to work permitted him to:
• Sit, stand, and walk up to the exertional limits, with
the opportunity to stretch or sit for 1 minute after 15
minutes in any one position;
• Optionally use a handheld assistive device whenever
ambulating;
• Occasionally stoop, but never crouch, crawl, kneel or
climb stairs/ramps;
• Never be exposed to extremes of temperature or
humidity, or to industrial vibration or hazards;
• Never be exposed to flashing light or light of greater
brightness/intensity than that found in a typical grocery
store;
• Never be exposed to noise environments greater than
moderate/ level 3 (business office or grocery store);
• Engage in tasks that do not involve tandem work/
production pacing (e.g., assembly line work);
• Engage in predictable work activity, defined as that
with only occasional changes in the work setting or general
...