Opinions and documents
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
KENYA LASHAWN DANIELS ) CASE NO. 5:25-CV-02019
)
Plaintiff, )
) MAGISTRATE JUDGE
v. ) CARMEN E. HENDERSON
)
)
COMMISSIONER OF SOCIAL )
SECURITY ) MEMORANDUM AND ORDER
)
Defendant, )
I. Introduction
Kenya Daniels (“Daniels” or “Claimant”), seeks judicial review of the final decision of the
Commissioner of Social Security denying her applications for Supplemental Security Income
(“SSI”) and Disability Insurance Benefits (“DIB”). This matter is before me by consent of the
parties under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. (ECF No. 7). For the reasons set forth
below, the Court OVERRULES Claimant’s Statement of Errors and AFFIRMS the
Commissioner’s decision.
II. Procedural History
On June 7, 2023, Daniels filed applications for DIB and SSI, alleging a disability onset
date of January 1, 2018 and claiming she was disabled due to neuropathy, crippling of feet and
toes, PTSD, anxiety, and depression. (ECF No. 8, PageID #: 286–295, 347). The applications were
denied initially and upon reconsideration, and Daniels requested a hearing before an administrative
law judge (“ALJ”). (ECF No. 8, PageID #: 152–55, 173–78, 181–84). On October 28, 2024, an
ALJ held a hearing, during which Claimant, represented by counsel, and an impartial vocational
expert testified. (ECF No. 8, PageID #: 88–120). On November 8, 2024, the ALJ issued a written
decision finding Daniels was not disabled. (ECF No. 8, PageID #: 65–82). The ALJ’s decision
became final on July 28, 2025, when the Appeals Council declined further review. (ECF No. 8,
PageID #: 34).
On September 23, 2025, Daniels filed her Complaint to challenge the Commissioner’s final
decision. (ECF No. 1.) The parties have completed briefing in this case. (ECF Nos. 10, 11, 12).
Daniels asserts the following assignment of error:
(1) Whether the ALJ Erred by Failing to Include Work-Related Limitations Consistent with
the Opinions of E.M. Bard, Ph.D., Ermias Seleshi, M.D., and Ken Lovko, Ph.D.
(ECF No. 10 at 15).
III. Background
A. Relevant Hearing Testimony
The ALJ summarized the relevant testimony from Daniels’s hearing:
The claimant reported that she experienced pain in her legs and feet that interfered
with her ability to walk and climb stairs. She reported that she could not walk more
than twenty yards before needing to rest. The clamant alleged that her left hammer
toes interfered with her gait due to having limited gripping with the left foot. She
testified that her right foot toe range of motion was limited. She required the use of
crutches, a cane, or the use of holding onto objects to walk. The claimant stated that
her pain symptoms also interfered with her ability to stand. The claimant testified
that her footwear options were limited. The claimant alleged that her impairments
limited her ability to kneel, squat, and lift objects. The claimant testified that she
could not lift heavy objects. The claimant stated that she had problems with her
memory. She required reminders to take her medication. The claimant indicated
that she could not pay attention for long periods. She alleged that she tolerated stress
and changes in routine poorly. The claimant reported that due to her mental and
physical limitations, she rarely left her home. She claimed that she was easily
irritated and upset. The claimant testified that she engaged in altercations with
family. (citation omitted).
(ECF No. 8, PageID #: 72).
B. Relevant Medical Evidence
The ALJ also summarized Daniels’s health records and symptoms:
In March 2018 and April 2018, the claimant sought treatment for bilateral pain in
her feet. The claimant described the pain as worst in the balls of her feet and
radiating into her toes. The claimant also described experiencing neuropathy pain
in her feet. (1F/3, 8, 11). Upon examination, the claimant’s feet were tender. The
claimant’s nails were dystrophic. She had hammer toes. The claimant’s feet had
decreased epicritic sensations and no protective sensation. However, the claimant’s
sensation to light touch was intact. The claimant’s feet and ankles retained full
range of motion. The claimant’s strength was intact at 5/5 bilaterally. The
claimant’s pain symptoms were treated with Gabapentin. (1F/4, 9).
The claimant continued to experience pain in her feet bilaterally with excessive
callus development and hammer toes in June 2018. Upon examination, the claimant
was found to have constant contractures and pain in her toes. Her feet were tender.
The claimant had a right foot bunion. (1F/13).
When treated in November 2020, the claimant complained of pain in her feet due
to bunions and idiopathic neuropathy despite treatment with Gabapentin. (7F/121).
Despite her complaints, when examined, the claimant walked with a normal gait.
The claimant’s coordination was normal. (7F/122). The following month, the
claimant continued to complain of bilateral foot pain related to bunions,
hammertoes, and calluses. She alleged that her pain could rise to 10/10 levels. Upon
examination, the claimant had bony prominence on the medial aspect of the first
metatarsal and bilateral toe contractures. The claimant’s first metatarsals had
effusion bilaterally. The claimant’s ankle joint range of motion was limited, but her
SJ, and MTJ joint range of motion was intact bilaterally. Her protective sensation
was decreased. Despite these symptoms, the claimant’s muscle strength was intact
at 5/5 bilaterally. The claimant’s sensation to light touch was intact bilaterally.
(7F/119).
In December 2020, the claimant underwent an x-ray of her feet which found
decreased joint spaces on the right 1st MTP, medial eminence noted to the 1st
metatarsal bilaterally. Elevatus of the first metatarsal was noted. The claimant had
digital contracture was observed to the second and third digits at the PIP joint.
(7F/183). Nevertheless, an examination performed in January 2021 found that the
claimant walked with a normal gait. The claimant’s strength and sensation were
intact. (7F/116).
The claimant underwent an arterial pulse volume recording of both lower
extremities in July 2021. The results found that the claimant’s pressures were only
mildly dampened in her toes. The claimant’s thigh, calf, ankle, and transmetatarsal
pressures were normal. (7F/171-178). the claimant had bony prominence on the
medial aspect of the first metatarsal and bilateral toe contractures. The claimant’s
first metatarsals had effusion bilaterally. The claimant’s ankle joint range of motion
was limited, but her SJ, and MTJ joint range of motion was intact bilaterally. Her
protective sensation was decreased. Despite these symptoms, the claimant’s muscle
strength was intact at 5/5 bilaterally. The claimant’s sensation to light touch was
intact bilaterally. (7F/106).
In June 2022 through October 2022, the claimant walked with an antalgic gait. The
claimant’s feet had hyperkeratotic lesions. The claimant had a c-shaped lateral
aspect of both feet with medial deviation of the metatarsals in the transverse plane
with plantar lateral prominence of the tuberosity of the fifth metatarsal base. The
hallux of both feet had lateral drift which impinged upon the second digit. The
hallux exhibited valgus rotation. There were hyperflexion contractures at the 2, 3,
4, and 5 PIP joints bilaterally. However, the claimant’s epicritic sensation was intact
and within normal limits. The claimant retained normal range of motion in her
ankles. The claimant was treated conservatively with orthotics and debridement of
her calluses. (3F; 6F/35, 45, 56).
The claimant sought treatment for right foot pain in September 2022. A September
2022 x-ray of her right foot found no acute osseous injuries. The claimant had no
fractures or subluxations. (7F/165). The claimant’s right foot was swollen, but
retained full range of motion. The claimant’s reflexes were normal. (7F/62). In
December 2022, the claimant’s arches were high with bunions and calluses. Her
feet were tender bilaterally. There was no evidence of edema in her feet. (6F/31).
When treated in February 2023, the claimant’s motor strength was intact. The
claimant walked with a normal gait. (7F/29-32). In March 2023, the claimant’s
ankles and toes retained full range of motion despite bilateral bunions, calluses and
pain symptoms. (6F/22).
In April 2023, the claimant’s feet had deep-seated porokeratotic lesions to multiple
toes. The claimant’s nails had severe dystrophy. The claimant’s right foot hallux
had a valgus deformity. She displayed flexible hammertoe contractures in multiple
toes. Nevertheless, the claimant’s strength was intact in her left ankle, left foot, and
toes. The claimant retained full range of motion. (5F/2-3, 18-19). Imaging of the
claimant’s left foot found evidence of arthritic changes to the midfoot region of the
left foot. The claimant’s imaging was consistent with her examination findings.
(5F/3).
A May 2023 examination found that the claimant had bilateral bunions and high
arches. Nevertheless, the claimant’s feet showed no signs of swelling. The
claimant’s ankle range of motion was full. The claimant retained 5/5 strength in her
feet and ankles. (5F/21; 6F/16). In June 2023, the claimant’s strength and sensation
were intact. The claimant’s cognition and motor skills were normal. The claimant’s
ankle range of motion was intact. The claimant’s extremities showed no signs of
swelling or tenderness. The claimant walked with a normal gait. (6F/10; 7F/22).
In July 2023, the claimant underwent a bunionectomy with distal metatarsal
osteotomy, correction to the right foot second digit and second metatarsal, and
excision of the fifth metatarsal head of the right foot. (7F/14-19, 150-152). When
examined in August 2023, the claimant’s surgical site was well healed. The
claimant’s surgical correction was maintained. (5F/5, 16; 15F/9).
The claimant reported experiencing foot pain despite surgical treatment in
September 2023 and October 2023. The claimant reported experiencing gait
problems. The claimant alleged that she experienced weakness and numbness in
her feet. (11F/16, 19). When examined, the claimant’s right foot range of motion
was limited. Nevertheless, the claimant’s sensation was intact. The claimant’s
surgical site was well healed. The claimant was treated with Lyrica and Naproxen.
(11F/17). The claimant’s right foot corrections were maintained. Imaging of the
claimant’s right foot found that her surgical hardware was stable. (15F/15).
In December 2023, the claimant reported that she experienced severe pain in her
legs and feet. The claimant alleged that she had problems wearing shoes. However,
the claimant also reported that her right foot pain and functioning had improved
after undergoing her surgical procedures.
When examined, the claimant’s feet and ankles retained 5/5 strength and normal
range of motion. (15F/18).
February 2024 imaging of the claimant’s left hand found degenerative narrowing
of the interphalangeal joints. (11F/30; 16F/289). Imaging of the claimant’s hip
found subcortical cystic changes of he left femoral head. (11F/28). When examined,
the claimant’s right hand middle finger was swollen with pain on range of motion
due to an acute fracture. The claimant’s left hip was also tender. Nevertheless, the
claimant’s hip range of motion was full. The claimant’s sensation was intact.
(11F/7, 11).
When examined in March 2024, the claimant’s strength was intact at 5/5 bilaterally.
(12F/25). A nerve conduction study performed in March 2024 produced normal
results. (12F/40-41). In April 2024, the claimant’s low back was tender with limited
range of motion was limited. The claimant’s low back produced muscle spasms.
Nevertheless, the claimant’s lower extremity strength was intact at 5/5 bilaterally.
Her reflexes were 2+. The claimant’s sensation was intact. (12F/9-10).
In August 2024, the claimant’s left foot continued to have hammertoe contractures
causing pain and excess callus formation. However, the claimant’s right foot
surgical site was well healed. The claimant’s correction was well maintained. (12F).
As for the claimant’s mental health, the claimant attended treatment for her mental
health in November 2020. The claimant reported that she had previously been
treated with Cymbalta but was unable to tolerate it. (7F/121). When examined, the
claimant’s mood was normal. She was treated with a prescription for Amitriptyline.
(7F/123). In May 2021, the claimant’s medication regimen was amended to include
Buspar. (7F/112).
In June 2021, the claimant attended another treatment session for her mental health.
The claimant endorsed experiencing anxiety and panic attacks despite taking
medication as prescribed. The claimant also reported experiencing depressive
symptoms. She indicated that she was stressed and overwhelmed while taking care
of her grandchildren. (7F/107). Despite the claimant’s complaints, the claimant’s
mood was normal during treatment. There was no evidence of impaired cognitive
functioning. Her medication regimen was amended to include Wellbutrin. (7F/109).
The claimant underwent a mental health assessment in January 2022. The claimant
reported feeling depressed and anxious with diminished pleasure in activities,
decreased appetite, insomnia, hypersomnia, psychomotor agitation, fatigue,
feelings of worthlessness, inappropriate feelings of guild, indecisiveness,
nervousness, anxiousness, and panic attacks. The claimant endorsed prior
hospitalizations due to suicidal ideation. The examiner noted that the claimant
expressed paranoid and social phobia related thought content. She reported having
compulsions to clean. The claimant displayed signs of mania with an inflated self-
esteem. Her speech was verbose and pressured with flights of ideas. The claimant’s
attention as limited and she was easily drawn to unimportant or irrelevant items.
Nevertheless, the claimant’s judgment and insight were intact. The claimant’s
memory was good. (7F/97-101). The claimant continued to be treated with
Amitriptyline, and Buspar. She also took Hydroxyzine. The claimant was treated
further with individual therapy. (7F/96).
In March 2022, the claimant’s condition appeared to improve. The claimant
reported experiencing decreased anxiety. Upon examination, the claimant’s mood
was euthymic with a full affect. The claimant displayed appropriate behavior and
appeared for treatment well dressed and well groomed. The claimant’s insight and
judgment were appropriate. The claimant’s associations were intact and linear.
There was no evidence of impairments to memory or concentration. (7F/93-94).
The claimant’s mood was anxious in April 2022. Her affect was sad, tearful, and
reactive. Nevertheless, the claimant’s demeanor and motor activity were
appropriate. The claimant was cooperative with the treatment provider. The
claimant appeared for treatment appropriately groomed and casually dressed. The
claimant’s thought processes were circumstantial, but her associations were
normal. The claimant’s thought content included hopeless themes, but also include
future goals and plans. The claimant’s memory, attention, concentration, and
language skills were all intact. The claimant’s perceptions were normal. The
claimant’s Buspar was discontinued and replaced with Escitalopram (7F/88, 91).
In May 2022 the claimant reported significant anxiety. (7F/75, 78). When treated
in June 2022, the claimant’s mood was sad. The claimant was fidgety, anxious,
nervous, and irritable. She endorsed increased social isolation due to her physical
and mental impairments. However, the claimant’s associations were intact and
linear. The claimant’s insight and judgment were appropriate. The claimant’s
thought processes were free of suicidal and homicidal ideation. The claimant
continued to be treated with therapy. (7F/65, 72). Later in the same month, the
claimant’s symptoms improved. While she was depressed and anxious, the
claimant’s demeanor was appropriate, and she was cooperative with the treatment
provider. She was appropriately groomed and casually dressed. The claimant’s
insight and judgment were fair. (7F/69).
When treated in September 2022 in October 2022, the claimant’s mood was
euthymic with a full affect. The claimant’s insight and judgment were appropriate.
The claimant’s thought content was circumstantial and disorganized, but free of
suicidal and homicidal ideation. She was distractible. The claimant’s associations
were intact and linear. The claimant’s behavior was appropriate. The claimant was
well dressed and well groomed. The claimant’s medication regimen was amended
to include Prozac. (7F/57, 59, 64). The claimant continued to complain of anxiety
and depression with only some mitigation with the use of medication. The
claimant’s functioning was stable. (7F/47-49).
In January 2023, the claimant was anxious and sad. The claimant’s thought
processes were circumstantial and disorganized. She displayed issues with attention
and concentration. However, the claimant displayed appropriate behavior during
treatment. She appeared for treatment appropriately dressed and groomed. The
claimant’s associations were intact and linear. Her insight and judgment were fair.
(7F/42-43, 46).
As part of her application, the claimant participated in a psychological consultative
examination. The claimant reported that she was depressed with anhedonia and
social withdrawal. The claimant reported that she could be verbally aggressive. The
claimant endorsed experiencing daily crying spells. She described being anxious in
crowds. During the examination, the claimant was irritable and unhappy with an
overwhelmed, depressed affect. The claimant was potentially delusional due to her
believe that a blood transfusion caused the conditions in her feet and that she was
adopted. The claimant endorsed experiencing paranoid thoughts. The claimant
displayed perseverate thinking as she regularly focused on her foot conditions. The
claimant had difficulty performing the serial sevens task and made multiple errors.
The claimant could not recall her social security number backward. However, the
claimant could spell the word “world’ backwards. The claimant was able to recall
seven digits forward and four digits backward. The claimant’s estimated IQ was
90. (10F).
The claimant did not receive dedicated mental health care treatment in 2024. Her
treatment consisted of medications form her medical treatment providers. In
February 2024, the claimant presented with a depressed affect. However, the
claimant was fully oriented. The claimant’s thought content was normal. (16F/357).
In July 2024, her mood, behavior, thought content, and judgment, were all normal.
(16F/39).
(ECF No. 8, PageID #: 72–77).
C. Opinion Evidence at Issue
1. Psychological Consultative Examiner, E.M. Bard, Ph.D.
On February 14, 2024, Dr. Bard completed a psychological consultative examination. (ECF
No. 8, PageID #: 869–76). In his psychological evaluation, Dr. Bard found that Claimant was
substandard in her ability to sustain concentration and persistence in work related activities at a
reasonable pace. (Id. at PageID #: 875.) Additionally, Dr. Bard opined, “[Claimant] did not appear
to have any significant problem in carrying out or remembering one or two step directions.” (Id.).
Finally, Dr. Bard found that Claimant was substandard in her ability to deal with normal pressures
in a competitive work setting. (Id.) Specifically, “[Claimant’s] perseveration [related to her foot
injury] in a work-related atmosphere would be detrimental and most likely disturbing other nearby
employees.” (Id.)
2. State Agency Medical Consultants, Ermias Seleshi, M.D. and Ken Lovko, Ph.D.
On March 5, 2024, Dr. Seleshi opined that Claimant could understand and remember
simple one to two step instructions for routine tasks; perform familiar routine tasks without
expectation for fast pace, close concentration or meeting stringent production standards; engage in
superficial interactions with coworkers, supervisors, and the general public, and adapt to work in
a stable and flexible setting with predictable expectations and infrequent routine change, but would
perform best in solitary duties without over the shoulder supervision. (ECF No. 8, PageID#: 137–
38). Upon reconsideration, Dr. Lovoko affirmed Dr. Seleshi’s previous limitations. (Id. at PageID
#: 154–55).
IV. The ALJ’s Decision
The ALJ made the following findings relevant to this appeal:
3. The claimant has the following severe impairments: Osteoarthritis, Peripheral
Neuropathy, Hammer Toes, Status-Post Right Foot Bunionectomy, Personality
Disorder, Depressive Disorder, Anxiety Disorder, Somatic Symptom Disorder, and
Post-Traumatic Stress Disorder. (20 CFR 404.1520(c) and 416.920(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, 404.1526,
416.920(d), 416.925 and 416.926).
5. After careful consideration of the entire record, the undersigned finds that the
claimant has the residual functional capacity to perform light work as defined in 20
CFR 404.1567(b) and 416.967(b) except the claimant can occasionally climb ramps
and stairs, but never climb ladders, ropes, and scaffolds. The claimant can
occasionally stoop, kneel, crouch, and crawl. The claimant can follow simple
instructions and work-related decisions, but not at a production rate pace. The
claimant can occasionally interact with others. The claimant can tolerate occasional
changes in a routine work setting.
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, 404.1569a, 416.969,
and 416.969a).
11. The claimant has not been under a disability, as defined in the Social Security
Act, from January 1, 2018, through the date of this decision (20 CFR 404.1520(g)
and 416.920(g))
(ECF No. 8, PageID #: 68, 69, 71, 81, 82).
V. Law & Analysis
A. Standard of Review
The 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.” Winn v.
Comm’r of Soc. Sec., 615 F. App’x 315, 320 (6th Cir. 2015); see also 42 U.S.C. § 405(g).
“[S]ubstantial evidence is 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 HHS, 25 F.3d 284, 286 (6th Cir. 1994)).
“After the Appeals Council reviews the ALJ’s decision, the determination of the council
becomes the final decision of the Secretary and is subject to review by this Court.” Olive v. Comm’r
of Soc. Sec., No. 3:06 CV 1597, 2007 WL 5403416, at *2 (N.D. Ohio Sept. 19, 2007) (citing Abbott
v. Sullivan, 905 F.2d 918, 922 (6th Cir. 1990); Mullen v. Bowen, 800 F.2d 535, 538 (6th Cir. 1986)
(en banc)). If the Commissioner’s decision is supported by substantial evidence, it must be
affirmed, “even if a reviewing court would decide the matter differently.” Id. (citing 42 U.S.C. §
405(g); Kinsella v. Schweiker, 708 F.2d 1058, 1059–60 (6th Cir. 1983)).
B. Standard for Disability
The Social Security regulations outline a five-step process that the ALJ must use in
determining whether a claimant is entitled to supplemental-security income or disability-insurance
benefits: (1) whether the claimant is engaged in substantial gainful activity; (2) if not, whether the
claimant has a severe impairment or combination of impairments; (3) if so, whether that
impairment, or combination of impairments, meets or equals any of the listings in 20 C.F.R. § 404,
Subpart P, Appendix 1; (4) if not, whether the claimant can perform her past relevant work in light
of her residual functional capacity (“RFC”); and (5) if not, whether, based on the claimant’s age,
education, and work experience, she can perform other work found in the national economy. 20
C.F.R. § 404.1520(a)(4)(i)–(v); Combs v. Comm’r of Soc. Sec., 459 F.3d 640, 642–43 (6th Cir.
2006). The claimant bears the ultimate burden of producing sufficient evidence to prove that she
is disabled and, thus, entitled to benefits. 20 C.F.R. § 404.1512(a). Specifically, the claimant has
the burden of proof in steps one through four. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 529
(6th Cir. 1997). The burden shifts to the Commissioner at step five to establish whether the
claimant has the residual functional capacity to perform available work in the national economy.
Id.
C. Discussion
Daniels raises the following assignment of error on appeal: “Whether the ALJ Erred by
Failing to Include Work-Related Limitations Consistent with the Opinions of E.M. Bard, Ph.D.,
Ermias Seleshi, M.D., and Ken Lovko, Ph.D.” (ECF No. 10 at 15).
To support this argument, Daniels asserts,
Substantial evidence does not support the ALJ’s step five findings because the
opinions of the consultative examiner and both state agency medical experts are
inconsistent with the ALJ’s RFC, despite being found persuasive by the ALJ. Tr.
44-45. SSR 83-10; SSR 85-15; SSR 85-16; see also 20 C.F.R. § 404.1520c. The
ALJ did not provide legally sufficient reasons for implicitly rejecting the limitations
found in Dr. Bard, Dr. Seleshi, and Dr. Lovko’s reports. See SSR 96-8p.
(ECF No. 10 at 15–16). Claimant also takes the position that “the ALJ failed to make a logical
bridge between the persuasive opinion evidences [sic.] to the ultimate RFC finding.” (ECF No. 12
at 1).
In response, the Commissioner argues that “[t]he ALJ reviewed the entire record and
reasonably concluded that Plaintiff could follow simple instructions and work-related decisions,
but not at a production rate pace; occasionally interact with others; and tolerate occasional changes
in a routine work setting.” (ECF No. 11 at 5). The Commissioner then contends that the ALJ relied
upon substantial evidence in formulating the RFC. (Id.) This Court agrees with the Commissioner
for the reasons set forth below.
1. The ALJ Did Not Err in his Failure to Explain Why the Solidary Duties Limitation
was not included in the RFC.
At Step Four, the ALJ must determine a claimant’s RFC by considering all relevant medical
and other evidence. 20 C.F.R. §§ 404.1520(e). For claims filed after March 27, 2017, such as this
one, the Social Security Administration “will not defer or give any specific evidentiary weight,
including controlling weight, to any medical opinion(s) or prior administrative medical
finding(s).” C.F.R. § 404.1520c(a). Still, an ALJ must “articulate how [she] considered the
medical opinions and prior administrative medical findings” in adjudicating a claim. 20 C.F.R. §
404.1520c(a). Medical source opinions are evaluated using the factors listed in 20 C.F.R. §
404.1520c(c). Thus, the ALJ must “articulate how [he/she] considered the medical opinions and
how persuasive [he/she] find[s] all of the medical opinions.” Ryan L.F. v. Comm’r of Soc. Sec.,
No. 6:18-cv-01958-BR, 2019 WL 6468560, at *4 (D. Ore. Dec. 2, 2019) (quoting 20 C.F.R. §§
404.1520c(a), (b)(1)) (internal citations omitted). A reviewing court “evaluates whether the ALJ
properly considered the factors as set forth in the regulations to determine the persuasiveness of
a medical opinion.” Id.
Relying on SSR 96-8p: Policy Interpretation Ruling Titles II and XVI: Assessing Residual
Functional Capacity in Initial Claims (“SSR 96-8p”), Claimant argues that the ALJ failed to
adequately explain his decision not to adopt Dr. Bard’s opinion that “[Claimant] does not appear
to have any significant problem in carrying out or remembering one or two step directions” and
“[Claimant’s] perseveration [related to her foot injury] in a work-related atmosphere would be
detrimental and most likely disturbing other nearby employees” despite finding the opinion
persuasive. (ECF No. 8 PageID #: 77, 875) (ECF No. 10 at 16); SSR 96-8p, Narrative Discussion
Requirements. Claimant also argues that the ALJ failed to adequately explain his decision not to
adopt Dr. Seleshi and Dr. Lovko’s opinions that Claimant “would perform best in solitary duties
without over the shoulder supervision” as well as “could understand and remember simple one to
two step instructions for routine tasks” articulated by the state agency medical consultants despite
finding the opinions persuasive. (ECF No. 8 PageID #: 78) (ECF No. 10 at 16). Under SSR 96-8p,
if the RFC conflicts with a medical opinion, the ALJ must explain why the medical opinion was
not adopted. SSR 96-8p, Narrative Discussion Requirements.
The Commissioner points out that the solidary duties limitation that Claimant cites from
Dr. Seleshi and Dr. Lovko merely observe that Claimant “would perform best” with this limitation.
(ECF No. 8, PageID #: 78) (ECF No. 11 at 6). However, the ALJ was not required to create an
optimal work setting for Claimant. Horinek v. Saul, 2020 WL 4340987, at *9 (N.D. Ohio July 7,
2020), report and recommendation adopted, 2020 WL 4339327 (N.D. Ohio July 28, 2020)
(internal citations omitted). “The RFC only needed to assess the necessary conditions for
[Claimant] to work—not [Claimant’s] ideal or optimal work environment that would give
her the greatest chance for success.” Id. Moreover, optimal work conditions, however, are not
necessary ones. The RFC “is the most you can still do despite your limitations.” Jakubiak v.
Berryhill, 337 F. Supp. 3d 80, 85–86 (D. Mass. 2018) (citing 20 C.F.R. 416.945(a)(1)) (internal
citations omitted); see also Gonzales v. Colvin, 213 F. Supp. 3d 1326, 1331 (D. Colo.
2016) (“Identifying the optimal work environment for a claimant does not mean that his RFC is
limited to that work setting alone.”). Dr. Bard’s statement that Claimant “would perform best in
solitary duties without over the shoulder supervision” describes an optimal working condition
rather than a necessary one. (ECF No. 8 PageID #: 78) (emphasis added); see, e.g., Horinek, 2020
WL 4340987, at *9 (finding medical opinion indicating the plaintiff “would benefit” or “be best
suited” in a particular work environment are optimal conditions not necessary conditions)
(emphasis added); Peacock v. Kijakazi, 2021 WL 4477863, at *11 (N.D. Ohio Sept. 30, 2021)
(finding medical opinion indicating the plaintiff “would have a better chance of job success …
under lose supervision” an optimal condition not a necessary condition) (emphasis added). As a
result, this Court finds no error in the ALJ’s failure to explain why the solidary duties limitation
was not included in the RFC.
2. The ALJ Properly Evaluated the Medical Opinions building an Accurate and
Logical Bridge between the Record Evidence, Medical Opinions, and
the Resulting RFC.
Turning to the remaining limitations, the ALJ built a logical bridge between the record
evidence, Dr. Bard’s, Dr. Seleshi’s, and Dr. Lovko’s medical opinions and the following
limitations: (1) “[Claimant] does not appear to have any significant problem in carrying out or
remembering one or two step directions,” (2) “[Claimant’s] perseveration [related to her foot
injury] in a work-related atmosphere would be detrimental and most likely disturbing other nearby
employees,” and (3) Claimant could understand and remember simple one to two step instructions
for routine tasks. (ECF No. 8 PageID #: 77–78). Yet Claimant repeatedly contends that the ALJ
erred by omitting these limitations from the RFC, or at least that he erred in failing to explain the
omissions. (ECF No. 10, at 16). However, the ALJ built a logical bridge between the record and
the RFC, supported by substantial evidence and will not be disturbed by this Court.
Moreover, while an ALJ must consider all the evidence in the record when making a
disability determination, he is not required to address all of it in his written decision. Kornecky v.
Comm’r of Soc. Sec., 167 F. App’x 496, 508 (6th Cir. 2006). Additionally, the RFC determination
need not be an exact copy of the relevant medical opinions. Poe v. Comm’r of Soc. Sec., 342 F.
App’x 149, 157 (6th Cir. 2009) (citing 20 C.F.R. §§ 404.1545(a)(3), 416.945(a)(3)) (stating that
the ALJ “is not required to recite the medical opinion of a physician verbatim in [the] residual
functional capacity finding”); see also Reeves v. Comm’r of Soc. Sec., 618 F. App’x 267, 275 (6th
Cir. 2015) (citation omitted) (“Even where an ALJ provides ‘great weight’ to an opinion, there is
no requirement that an ALJ adopt a [reviewer’s] opinions verbatim; nor is the ALJ required to
adopt the [reviewer’s] limitations wholesale.”). Furthermore, the ALJ is not required to incorporate
all of the medical opinion’s limitations because he found the medical opinion persuasive. Nasser
v. Comm’r of Soc. Sec., 598 F. Supp. 3d 614 (E.D. Mich. 2022), aff’d, No. 22-1293, 2022 WL
17348838 (6th Cir. Dec. 1, 2022); see also Borger v. Comm’r of Soc. Sec., 2021 WL 6297536, at
*9 (N.D. Ohio Dec. 17, 2021) (“But an ALJ need not adopt all opined limitations, even if
he finds the opinion persuasive.”). Therefore, although the ALJ found Dr. Bard’s, Dr. Seleshi’s,
and Dr. Lovko’s opinions persuasive, he was not required to include all of their limitations in the
RFC or “explain why he did not adopt all of [the] limitations.” Hedick v. Berryhill, 2018 WL
6348759, *6 (N.D. Ohio Nov. 14, 2018), report and recommendation adopted by 2018 WL
6344611 (N.D. Ohio Dec. 4, 2018).
i. The ALJ’s evaluation of Dr. Bard’s, Dr. Seleshi’s, and Dr. Lovko’s is Supported
by Substantial Evidence.
Moreover, substantial evidence supports the ALJ’s evaluation of the one to two step task
limitation. (ECF No. 8, PageID #: 71). As a preliminary matter, the Court notes that Dr. Bard’s
psychological evaluation concluded that Claimant “did not appear to have any significant
problems in carrying out or remembering one to two step directions. The claimant might have some
difficulty with complex or technical instructions.” (ECF No. 8, PageID #: 77) (emphasis added).
This conclusion does not definitively state Claimant could only perform one
or two step instructions. Rather, Dr. Bard is suggesting Claimant might have difficulties with
complex or technical instructions but does not provide a specific limit. And Dr. Seleshi’s and Dr.
Lovko’s evaluations found that “claimant could understand and remember simple one to two step
instructions for routine tasks.” (ECF No. 8, PageID #: 78) (emphasis added). Again, this conclusion
does not definitively state that Claimant could only perform one or two step instructions. See
Knapp v. Comm’r of Soc. Sec., 2019 WL 2714755 (N.D. Ohio June 28, 2019).
In his psychological evaluation, Dr. Bard found that Claimant was substandard in her
ability to sustain concentration and persistence in work related activities at a reasonable pace. (Id.
at PageID #: 875.) Additionally, Dr. Bard opined, “[Claimant] did not appear to have any
significant problem in carrying out or remembering one or two step directions.” (Id.) Finally, Dr.
Bard found that Claimant was substandard in her ability to deal with normal pressures in a
competitive work setting. (Id.) Specifically, “[Claimant’s] perseveration [related to her foot injury]
in a work-related atmosphere would be detrimental and most likely disturbing other nearby
employees.” (Id.)
In his discussion of Dr. Bard’s opinion, the ALJ stated:
The psychological consultative examiner opined that the claimant did not appear to
have any significant problems in carrying out or remembering one to two step
directions. The claimant might have some difficulty with complex or technical
instructions. The claimant’s ability to sustain concentration and persistence work
related activities at a reasonable pace was substandard. The claimant’s performance
in dealing with normal pressures in a competitive work setting was substandard.
(10F). I find this opinion to be persuasive. It was supported by the claimant’s
performance during the examination. The claimant performed poorly on test
batteries meant to assess her concentration and memory. The claimant’s thought
processes were perseverative, focusing on her foot condition and pain. (10F). The
opinion was also consistent with the record. The claimant was periodically
distracted, with circumstantial thought processes and unusual thought content. The
claimant could be irritable, anxious, and depressed. (7F; 16F).
(ECF No. 8, PageID #: 77). Here, the ALJ’s RFC incorporated many of Dr. Bard’s opinions by
limiting Claimant to “simple instructions and work-related decisions, but not at a production rate
pace” with occasional interactions with others and occasional changes in a routine work setting.
(ECF No. 8, PageID #: 71).
Moreover, State agency psychological physicians, Dr. Seleshi and Dr. Lovko opined that
Claimant could understand and remember simple one to two step instructions for routine tasks;
perform familiar routine tasks without expectation for fast pace, close concentration or meeting
stringent production standards; engage in superficial interactions with coworkers, supervisors, and
the general public, and adapt to work in a stable and flexible setting with predictable expectations
and infrequent routine change, but would perform best in solitary duties without over the shoulder
supervision. (ECF No. 8, PageID#: 137–38, 154–55).
In his discussion of Dr. Seleshi’s, and Dr. Lovko’s opinions, the ALJ noted:
The State agency psychological physicians opined that the claimant could
understand and remember simple one to two step instructions for routine tasks. The
claimant can perform familiar routine tasks without expectation for fast pace, close
concentration or meeting stringent production standards. The claimant can engage
in superficial interactions with coworkers, supervisors, and the general public but
would perform best in solitary duties without over the shoulder supervision. The
claimant could adapt tow [sic.] or kina [sic.] stable and flexible setting with
predictable expectations and infrequent routine changes. (3A; 4A; 5A; 6A). I find
these opinions to be persuasive. They were both supported by and consistent with
the record.
(ECF No. 8, PageID #: 78). Again, the ALJ’s RFC incorporated Dr. Seleshi’s and Dr. Lovko’s
opinions by limiting Claimant to “simple instructions and work-related decisions, but not at a
production rate pace” with occasional interactions with others and occasional changes in a routine
work setting. (ECF No. 8, PageID #: 71).
In formulating the RFC, the ALJ articulated how he considered the evidence in the record
and formulated the RFC. The ALJ observed Dr. Bard’s findings in his psychological consultative
examination that “the claimant performed poorly on test batteries that measure recent, delayed
recall, concentration, and attention.” (Id. at PageID #: 79). The ALJ discussed Claimant’s mental
health treatment notes, which described “claimant’s attention as limited and she was easily drawn
to unimportant or irrelevant items,” but her “judgment and insight were intact” and “claimant’s
memory was good.” (Id. at PageID #: 75). The treatment notes further detailed, “claimant’s thought
processes were circumstantial,” but “[t]he claimant’s memory, attention, concentration, and
language skills were all intact.” (Id. at PageID #: 76). However, the ALJ found the record failed to
support Claimant’s alleged impairments in understanding, memory, concentration, and task
persistence as “claimant’s treatment notes failed to show evidence of impairments to the claimant’s
memory and understanding,” and “[e]xaminations also found that the claimant’s concentration and
attention were normal.” (Id. at PageID #: 79). In further support of this finding, the ALJ noted
Claimant’s statement in her function report that she was able to follow both spoken and written
instructions well her activities of daily living,
[T]he claimant’s activities of daily living demonstrated that her impairments to
understanding, memory, concentration, and task persistence were not as limited as
alleged. The claimant watched television and listened to music for entertainment.
The claimant grew flowers as a means of relaxation. The claimant was able to
manage her own funds. The claimant’s memory was sufficient to allow her to
search for work. The claimant was able to babysit for thirty hours per week.
(Id.)
Furthermore, Claimant contends that the ALJ failed to incorporate Dr. Bard’s limitation
regarding Claimant’s preservation with her foot injury into the RFC and this error requires
remand. (ECF No. 10, at 16). In response, the Commissioner argues that the ALJ accounted for
Dr. Bard’s opinion as “the ALJ limited Claimant to only occasional interactions with others
[citation omitted], which is a socially limited finding. Thus, the RFC accounts for the limitations
in Dr. Bard’s opinion.” (ECF No. 11, at 8). This Court agrees with the Commissioner as
substantial evidence supports the ALJ’s evaluation of Dr. Bard’s preservation limitation. In
formulating the RFC, the ALJ noted Dr. Bard’s findings regarding Claimant’s perseverative
thought processes. The ALJ reasoned that “[d]uring treatment and during the hearing, the
claimant exhibited perseverative thought processes focusing on her foot pain and her conviction
that her foot pain prevented her from being able to engage in nearly all activities.” (ECF No. 8. at
PageID #: 80). Despite Claimant’s ruminations, the ALJ found her “insight and judgement were
fair.” (Id.) The ALJ also noted that Claimant’s activities of daily living did not support her
alleged impairment level as “[t]he claimant was able to complete normal daily activities despite
her symptoms” including errands, household chores, preparing meals, washing dishes, cleaning,
searching for work opportunities, raising flowers for relaxation, and taking care of her grandchild
for thirty hours each week. (Id.) After considering the record evidence, the ALJ found
Claimant’s symptoms supported limiting her workplace changes. Therefore, upon consideration
of claimant’s mental impairments, treatment notes, consultative evaluation findings, medical
opinions, and activities of daily living, the ALJ formulated an RFC supported by substantial
evidence that limited Claimant to “simple instructions and work-related decisions, but not at a
production rate pace” with occasional interactions with others and occasional changes in a
routine work setting. (ECF No. 8, PageID #: 71, 80).
Claimant requests this Court to reweigh the evidence as she finds “[t]he limitations opined
by the state agency medical consultants as well as the consultative examiner are significantly more
restrictive than the limitations included in the ALJ’s RFC finding.” (ECF No. 10, at 18). Claimant
also believes the opinions of the consultative examiner and both state agency medical experts are
inconsistent with the ALJ’s RFC. (Id. at 15). Subsequently, Claimant concedes that “[a] local
bridge could be made concerning the limitations opined by the experts and the ALJ’s RFC.” (ECF
No. 10 at 17). However, it is not the role of this Court “to reconsider the facts, re-weigh the
evidence, resolve conflicts in evidence, decide questions of credibility, or substitute its judgment
for that of the ALJ.” Reynolds v. Comm’r of Soc. Sec., 424 F. App’x 411, 414 (6th Cir. 2011)
(citing Youghiogheny & Ohio Coal Co. v. Webb, 49 F.3d 244, 246 (6th Cir. 1995)). Rather, because
substantial evidence supports the Commissioner’s decision, the Court must defer to it, “even if
there is substantial evidence that would have supported an opposite conclusion.” Wright
v. Massanari, 321 F.3d 611, 614 (6th Cir. 2003) (quoting Key v. Callahan, 109 F.3d 270, 273 (6th
Cir. 1997)); see Buxton v. Halter, 246 F.3d 762, 772 (6th Cir. 2001) (“The findings of the
Commissioner are not subject to reversal merely because there exists in the record substantial
evidence to support a different conclusion.”) (citations omitted). Therefore, the ALJ’s RFC
determination is supported by substantial evidence as the ALJ reasonably explained how he
considered Claimant’s impairments, the consultative examiner, and both state agency
psychologists’ opinions, and how he accommodated these symptoms when he formulated Daniels’
RFC. Thus, the Court must defer to the ALJ’s decision.
Finally, Claimant contends that the one to two step limitation is work preclusive and
therefore remand is appropriate. (ECF No. 12 at 2). This contention is unavailing. For even if the
ALJ had erred in failing to include or explain away the one and two step limitation, that error
would have been harmless. The Commissioner correctly notes that “the jobs identified by the
vocational expert either have a reasoning level of 1 or 2 and ‘caselaw supports that [the]
recommended limitation—simple one-to-two step tasks—is consistent with level two reasoning
jobs.’” (ECF No. 11, at 7–8) (citing Huizar v. Comm’r of Soc. Sec., 610 F. Supp. 3d 1010, 1016–
17 (E.D. Mich. 2022)); see also Kerr v. Comm’r of Soc. Sec., No. 2:13-CV-457, 2014 WL 4243771,
at *4 (S.D. Ohio Aug. 26, 2014) (“governing authority reflects that the RFC limitation of ‘one or
two-step instructions’ is not work preclusive, and, in fact, corresponds with jobs classified at DOT
Reasoning Development Level Two”) (collecting cases).
At the hearing, the VE testified that an individual with Daniels’ vocational background and
limitations consistent with the RFC would be able to perform the requirements of representative
occupations such as (1) cleaner, DOT 323.687-010 with 40,000 jobs nationally, (2) price marker,
DOT 209.587-034 with 60,000 jobs nationally, (3) laundry worker, DOT 302.685-010 with 45,000
jobs nationally. (ECF No. 8, PageID #: 81, 118). Each of representative occupations is classified
at DOT Reasoning Development Level One or Two and there are a significant number of these
occupations in the national economy. (/d. at PageID #: 118); see Taskila v. Comm’r of Soc. Sec.,
819 F.3d 902, 905 (6th Cir. 2016) (finding 6,000 jobs nationwide established a significant number
of available jobs) (citing Nejat v. Comm’r of Soc. Sec., 359 F. App’x 574, 579 (6th Cir. 2009))
(finding 2,000 jobs in the national economy constituted a significant number). Thus, even if the
ALJ had erred in failing to include or explain the one and two step task limitation, that error would
have been harmless because there was still substantial evidence based on the record and the
vocational expert’s testimony to support the jobs identified by the ALJ at step five.
VI. Conclusion
Based on the foregoing, the Court overrules Claimant’s Statement of Errors and affirms
the Commissioner’s decision.
Dated: June 18, 2026
s/ Carmen E. Henderson
CARMEN E. HENDERSON
U.S. MAGISTRATE JUDGE
21
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