ROBERT S. BALLOU, Magistrate Judge.
Plaintiff Christopher Moyer ("Moyer"), proceeding pro se, filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") finding him not disabled and therefore ineligible for supplemental security income ("SSI") and child's insurance benefits ("CIB") under the Social Security Act ("Act"). 42 U.S.C. §§ 1381-1383f, 20 C.F.R. § 404.350. Moyer complains that his attorney improperly amended his alleged onset date to a date which disqualified him for CIB, and he also argues that his subsequent approval for SSI shows that the Administrative Law Judge's ("ALJ") decision denying benefits was not supported by substantial evidence. However, I conclude that substantial evidence supports the Commissioner's decision in all respects. Accordingly, I
This court limits its review to a determination of whether substantial evidence exists to support the Commissioner's conclusion that Moyer failed to demonstrate that he was disabled under the Act.
Moyer filed for CIB and SSI on August 30, 2012, claiming that his disability began on January 1, 1997, due to rheumatoid arthritis, psychological problems, and fear "of society and people." R. 179, 181, 200. CIB is limited to claimants that are 18 years old or older and have a disability within the meaning of the Social Security Act that began before attaining age 22. 20 C.F.R. § 404.350(a)(5). At the hearing, Moyer amended his alleged onset date to March 7, 2012, which is after he attained age 22. R. 11, 35. Thus, by amending his alleged onset date to March 7, 2012, Moyer became ineligible for child's insurance benefits.
On February 6, 2015, the ALJ entered his decision analyzing Moyer's claims under the familiar five-step process
Moyer had no past relevant work, but the ALJ determined that he could perform jobs that exist in significant numbers in the national economy, such as small parts assembler, inspector, and machine operator. R. 24-25. Moyer appealed the ALJ's decision and the Appeals Council denied his request for review on May 20, 2016. R. 1-3.
Moyer argues: (1) that his attorney improperly amended his alleged onset date at the hearing before the ALJ and; (2) that his subsequent approval for SSI shows that the ALJ's decision was not supported by substantial evidence. Moyer presents only procedural arguments; thus, a comprehensive review of his medical history is not necessary here. The ALJ's opinion discusses the medical evidence in detail.
The record shows that Moyer completed two years of college, earned an associate's degree in computer science, but never held a job. Moyer explained that he has never worked because of a fear of society and an ever-increasing problem with joint pain due to arthritis. Generally, Moyer has complained of joint pain to his doctors, had treatment for arthritis, and was prescribed Meloxicam. R. 289-90, 295, 345-47. His medical records also show diagnoses for generalized anxiety disorder and dependent personality disorder. R. 308-14. In an assessment in April 2012, Moyer was described as having severe anxiety, experiencing a great deal of fear, and being extremely dependent on his parents. R. 315. Moyer did show increased independence during a period in which Moyer's mother was recovering from surgery and he was required to help care for her. R. 377-78.
At the hearing, Moyer testified that he has never worked due to a "fear of society," and stated he cannot be away from his parents because he becomes nervous and has a panic attack. R. 38-39. However, Moyer refuses to take medications to address these issues. R. 57. Moyer testified that his arthritis prevents him from doing some things due to pain, but that he can care for his personal needs, take care of his dog, and do some housekeeping, cooking, and shopping with his parents. R.44-48. Moyer's mother also testified, stating that Moyer has anxiety attacks at night and gets frightened if they are separated while shopping. R. 50-51. Paul Langley, Moyer's therapist and case manager testified that Moyer's dependent personality disorder, anxiety, and depression affect him severely, and that fear and panic would make it impossible for him to find or maintain employment.
Moyer complains that his attorney improperly amended his alleged onset date from January 1, 1997 to March 7, 2012, arguing that he was "mentally disabled well before age 22." Pl.'s Br. at 1, Dkt. 12. In response, the Commissioner points out that Moyer did not object to the amended onset date at his hearing, and argues that any claim that Moyer was disabled prior to May 13, 2010 is barred by res judicata because his previous application for disability benefits was denied administratively on May 13, 2010, and he did not appeal. The Commissioner also emphasizes that the ALJ found that Moyer was not disabled from the original onset date of January 1, 1997 through the date of the decision.
The transcript of the administrative hearing reflects that Moyer, through his attorney, requested the amendment of his disability onset date to March 7, 2012. The following exchange occurred:
R. 35. While Moyer did not explicitly confirm his agreement to the amendment on the record, he also did not express any objection or confusion. Moyer testified at the hearing and certainly had the opportunity to object to the amendment. Moyer presents no evidence that he was coerced by counsel or the ALJ into amending his onset date, nor is there such evidence in the transcript, and I find that, by failing to object at the hearing, Moyer assented to the change.
Nevertheless, Moyer is proceeding here on a pro se basis and he may not have known the legal impact that amending his onset date could have on his claim for CIB. Moyer was born in 1976. Eligibility for CIB would require a showing that Moyer had a disability before his 22nd birthday in 1998. The record does not contain any evidence of a basis for disability prior to 2012. Furthermore, Moyer's previous disability application claimed a disability onset date in 1997, and resulted in a finding of no disability. In sum, Moyer presented no basis for the ALJ to consider a disability onset date back to his 22nd birthday. I find no error in the ALJ accepting the amended onset date of March 7, 2012.
Moyer states that he was awarded SSI benefits in November 2016 and argues that because he was subsequently approved for SSI benefits, he should also "be granted [his] disability claim." Pl.'s Br. at 1, Dkt. No. 12. However, Moyer's submission of his subsequent award of SSI benefits is not a basis for remand. In
The ALJ carefully considered the evidence of record, and analyzed the evidence under the five-step process as required by the applicable law and regulations. I find that substantial evidence supports the ALJ's finding of no disability.
For the foregoing reasons, it is
The Clerk is directed to transmit the record in this case Norman K. Moon, United States District Judge, and to provide copies of this Report and Recommendation to counsel of record. Both sides are reminded that pursuant to Rule 72(b), they are entitled to note any objections to this Report and Recommendation within fourteen (14) days hereof. Any adjudication of fact or conclusion of law rendered herein by me that is not specifically objected to within the period prescribed by law may become conclusive upon the parties. Failure to file specific objections pursuant to 28 U.S.C. § 636(b)(1) as to factual recitations or findings as well as to the conclusion reached by me may be construed by any reviewing court as a waiver of such objections, including the waiver of the right to appeal.
