IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

CHARITY F. WITT, 

Plaintiff,

Civil Action 2:11-CV-347

vs. Judge Smith

Magistrate Judge King 

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

OPINION AND ORDER

Plaintiff seeks this Court’s review of the administrative decision denying her application

for disability insurance benefits. On July 5, 2012, the United States Magistrate Judge

recommended that the decision of the Commissioner of Social Security be affirmed and that this

action be dismissed. Report and Recommendation, Doc. No. 22. This matter is now before the

Court on plaintiff’s objections to that recommendation. Objection, Doc. No. 23. This Court will

consider the matter de novo. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b).

The administrative law judge gave “little weight” to the opinions of disability articulated

by plaintiff’s treating psychiatrist, Wheaton Wood, M.D. Instead, the administrative law judge

gave “significant weight” to the opinions of the state agency psychologists and the consultative

psychological examiner to find that plaintiff has the mental residual functional capacity to

perform low stress work defined as non-fast paced, simple, repetitive, non-public tasks with little

social interaction. In her Statement of Errors, plaintiff challenged those findings and she now

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objects to the Magistrate Judge’s rejection of that challenge. 

The administrative law judge found that plaintiff suffers the severe mental impairments

of affective disorder, borderline intellectual functioning and personality disorder.1

 A consulting

psychologist, Charles W. Loomis, diagnosed an oppositional defiant disorder and borderline

intellectual functioning and assigned a Global Assessment of Functioning of 60 (moderate

symptomotology). Doc. No. 12, PAGEID## 328-29. A state agency psychologist opined that,

notwithstanding plaintiff’s severe impairments, plaintiff could engage in work-related activities. 

PAGEID# 346. Treating therapists at Six County, Inc., assigned Global Assessment of

Functioning scores of 65 (mild symptomotology) on two different occasions. PAGEID## 321,

350. The records of non-mental health providers include such observations as normal affect,

“cheerful” demeanor and calm mood. PAGEID## 380, 411, 436.

Plaintiff points to Dr. Wood’s report and assessments of February 13, 2009. PAGEID##

422-25, 432-33. It was on that date that plaintiff demonstrated explosive anger, with tears and

cursing, toward Dr. Wood’s staff. Based on that episode, Dr. Wood characterized plaintiff’s

prognosis as poor and her ability to engage in work-related activities as markedly or extremely

impaired. Id. The administrative law judge accorded little weight to these opinions:

These opinions are not supported by the evidence of record and

appear to be inconsistent with and unsupported by other evidence in

the record. For example, Dr. Wood opined that the claimant is

markedly socially impaired, but the claimant is described elsewhere

in the record as being pleasant, cheerful, having a normal mood and

attitude and calm, to name a few. Dr. Wood’s opinions appear to be

based primarily on the claimant’s subjective complaints. 

Additionally, with the exception of one note about the claimant

exhibiting inappropriate behavior, there is no indication in the record

that the claimant was not cooperative or socially appropriate with her

treating sources.

1

The administrative law judge also found that plaintiff suffers severe physical impairments. However,

plaintiff’s challenges to the Commissioner’s decision addresses only the evaluation of plaintiff’s mental

impairments.

2

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PAGEID# 68.2

 As the Magistrate Judge concluded, in evaluating Dr. Wood’s opinions, the

administrative law judge correctly set forth the standards applicable to the evaluation of a

treating physician’s opinions. See, e.g., Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 544 (6th

Cir. 2004), citing 20 C.F.R. § 404.1527(d)(2)(ALJ must give controlling weight to a treating

source if that opinion is well-supported by medically acceptable data and is not inconsistent with

other substantial evidence in the record). The administrative law judge applied that standard and,

moreover, articulated good reasons for the “little weight” assigned to Dr. Wood’s opinions. See

Blakley v. Astrue, 581 F.3d 399, 406 (6th Cir. 2009)(ALJ must give good reasons for rejecting a

treating physician’s opinion).

In her objections, plaintiff argues that “mental disorders can vary over time . . .” and that

it is a “violation of regulation [sic], when assessing the severity of a mental health impairment, to

cite sporadic occasions of normal behavior to attempt to prove that clinical signs do not exist.” 

Objection, p. 4. Ironically, plaintiff would have this Court adopt Dr. Wood’s February 13, 2009

opinions and assessment, which were themselves based on plaintiff’s behavior on that date, and

disregard the substantial contrary evidence elsewhere in the record. The Commissioner declined

to do so and, because the decision of the Commissioner was based on substantial evidence, this

Court is without authority to do so.

Plaintiff’s Objection, Doc. No. 23, is DENIED. The Report and Recommendation, Doc.

No. 22, is ADOPTED AND AFFIRMED. The decision of the Commissioner of Social

Security is AFFIRMED. This action is hereby DISMISSED.

The Clerk shall enter FINAL JUDGMENT pursuant to Sentence 4 of 42 U.S.C. § 405(g).

2

The administrative law judge also found that plaintiff’s subjective complaints were not fully credible. 

PAGEID# 69.

3

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 s/George C. Smith 

 George C. Smith, Judge

 United States District Court

4

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