UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

MICHELLE LEE HOFF,

Plaintiff,

vs.

COMMISSIONER OF SOCIAL 

SECURITY,

Defendant.

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 Case No. 1:17-cv-550

 Judge Timothy S. Black

 Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY 

ADOPTING THE REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15) AND

TERMINATING THIS CASE IN THIS COURT 

This case is before the Court pursuant to the Order of General Reference to United 

States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the 

Magistrate Judge reviewed the pleadings filed with this Court and, on July 20, 2018, 

submitted a Report and Recommendation. (Doc. 15). Plaintiff filed objections on 

August 3, 2018. (Doc. 16). Defendant filed a response to Plaintiff’s objections on 

August 8, 2018. (Doc. 18).

After reviewing the Report and Recommendation, Plaintiff’s objections, and the 

case record, the Court finds that Plaintiff’s objections are not well-taken. Plaintiff raises 

four objections. 

First, Plaintiff claims the Report and Recommendation erred in finding that 

substantial evidence supported the ALJ’s reasons for rejecting the opinions of treating 
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physicians Dr. Chunn, Dr. Yeh, and Dr. Simons. However, the Court agrees with the 

Report and Recommendation that the ALJ provided “good reasons” for the weight given 

to the treating doctors’ opinions. The ALJ explained that she afforded the treating 

physicians’ opinions little weight because they provided conclusory determinations of 

disability, not medical opinions. Moreover, many of the statements made by the treating 

physicians were not well-supported and were inconsistent with the record as a whole. 

(Doc. 15 at 7–16).

Second, Plaintiff objects the ALJ affording great weight to the opinions of Dr. 

Klyop and Dr. Manos, state agency medical consultants. While ALJs are generally 

required to give greater deference to the opinions of treating physicians than non-treating 

physicians, in some circumstances it is appropriate to give greater weight to nonexamining consultants. Blakely v. Comm’r of Soc. Sec., 581 F.3d 399, 409 (6th Cir. 

2009). Here, as the Report and Recommendation discusses, the ALJ adequately 

explained that she afforded great weight to the opinions of Dr. Klyop and Dr. Manos 

because no other source had access to as complete a record as the consulting doctors. 

(Doc. 15 at 17–18). The Court agrees with the Report and Recommendation that the ALJ 

did not commit a reversible error in affording great weight to the opinions of the medical 

consultants.

Third, Plaintiff argues that the ALJ erred in affording little weight to the opinions 

of Dr. Bell and Dr. Koppenhoefer. However, the ALJ reasonably found that Dr. 

Koppenhoefer’s opinions were entitled to little weight because they were not based on 

objective findings. Additionally, the ALJ reasonably found that Dr. Bell’s opinion was 
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entitled to little weight because he did not perform or have access to any functional 

testing results and his conclusions were at odds with Plaintiff’s own reports. (Id. at 18).

Fourth, Plaintiff argues that the ALJ erred in discrediting Plaintiff’s credibility. 

To the contrary, the ALJ properly discounted the Plaintiff’s testimony where it 

contradicted with medical records, her testimony, and other evidence. The Court agrees 

with the Report and Recommendation that the ALJ’s credibility assessment was 

supported by substantial evidence of many inconsistencies in the record. (Id. at 19–22).

 As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has 

reviewed the comprehensive findings of the Magistrate Judge and considered de novo 

all of the filings in this matter. Upon consideration of the foregoing, the Court does 

determine that the Report and Recommendation should be and is hereby ADOPTED in 

its entirety. 

Accordingly, for the reasons stated above:

1) The Commissioner’s decision to deny Plaintiff Disability Insurance Benefits is 

AFFIRMED, as that decision is supported by substantial evidence;

2) The Clerk shall enter judgment accordingly, whereupon this case is 

TERMINATED from the docket of this Court.

IT IS SO ORDERED.

Date: 

Timothy S. Black

United States District Judge

8/28/18