Attorney Matthew Jacob Shupe's Legal Cases

Social Security & Disability

Losh v. Commissioner of Social Security, 2016 WL 3668138 (N.D. Ohio)

Jul 11, 2016

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ's hypothetical to the Vocational Expert did not accurately portray Losh's limitations, as it excluded a critical limitation, i.e. that Losh would be off task for 10 per ... cent of an eight-hour work day. The Court found that "[t]his is not harmless error, because such a limitation would plainly be material to any employer's decision to hire or retain such an individual."

Social Security & Disability

Padgett v. Commissioner of Social Security, 2016 WL 2868689 (N.D. Ohio)

May 17, 2016

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ failed to apply the proper regulatory standards when considering the opinion of Padgett's treating psychologist. The Magistrate Judge noted the frequency with which ... the Court sees treating physician rule violations and quipped that its opinions have "had the same effect as King Canute's famous command that the tides stop washing ashore."

Social Security & Disability

Brown v. Commissioner of Social Security, 2016 WL 852528 (N.D. Ohio)

Mar 04, 2016

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ's hypothetical question to the Vocational Expert (and ultimately the ALJ's residual functional capacity finding), was not supported by substantial evidence because it o ... mitted the State agency physician's opinion that a supervisor would need to occasionally redirect Brown's focus at work without explanation.

Social Security & Disability

Grycza v. Colvin, 2015 WL 5692333 (N.D. Ohio)

Sep 28, 2015

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ violated the treating physician rule with respect to the opinion of Grycza's treating psychiatrist. The Court held: "the question was not, as the ALJ appears to have be ... lieved, whether Dr. Barnes had included, within her treatment records, all of the evidence supporting her opinions. It was whether well-established clinical and diagnostic techniques, and the record as a whole, supported her opinion."

Social Security & Disability

McCole v. Commissioner of Social Security, 2015 WL 261710 (N.D.Ohio)

Jan 21, 2015

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ erred by failing to consider the opinion of McCole's case worker. McCole's case worker assisted her with transportation, securing housing, buying furniture, and complet ... ing paperwork. Although she was not a medical professional, the ALJ was required to consider her opinion under SSR 06-03p and the Court was unable to discern whether the ALJ's findings were supported by substantial evidence in the absence of such consideration.

Social Security & Disability

Fink v. Commissioner of Social Security, 2014 WL 4809457 (N.D.Ohio)

Sep 26, 2014

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ violated the treating physician rule with respect to the opinion of Fink's treating pulmonologist. The ALJ was required to first consider if the treating source's ... opinion should receive "controlling weight." A treating source opinion must receive "controlling weight" if it is (i) well-supported by clinical and laboratory diagnostic techniques and (ii) not inconsistent with other substantial evidence in the record. The Court found the ALJ did not conduct this analysis. The Court further found the ALJ failed to provide "good reasons" for assigning more weight to the opinion of a non-treating source than the opinion of the treating pulmonologist.

Social Security & Disability

Anthony v. Commissioner of Social Security, 2014 WL 4249782 (N.D.Ohio)

Aug 27, 2014

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ's analysis of Anthony's credibility of her statements violated Sixth Circuit precedent and federal regulations. Specifically, the ALJ only considered whether the object ... ive medical evidence supported her claims. The ALJ was required to also consider: (i) her daily activities; (ii) the location, duration, and frequency of her pain; (iii) precipitating and aggravating factors; (iv) the type, dosage, effectiveness, and side effects of her medications; (v) treatment, other than medication, she received for relief of her pain or other symptoms; and (vi) any other measures used to relieve her pain or other symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.).

Social Security & Disability

Benedict v. Commissioner of Social Security, 2014 WL 3053305 (N.D.Ohio)

Jul 07, 2014

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ's conclusion that Benedict was capable of performing his past relevant work as a precious metal coater was not supported by substantial evidence. The Court held that th ... e ALJ's finding that Benedict was limited to a light exertional range contradicted the finding that he could return to a medium exertional position as a precious metal coater. The Court explained why this was not harmless error: "Plaintiff had a clear and indisputable right to an accurate, reasonable and consistent interpretation of the statutes. The ALJ elicited evidence about other jobs but denied benefits conclusively at step four of the sequential evaluation based on an inaccurate application of the rules. The error that resulted had substantial and injurious effect or influence in determining that Plaintiff could return to his past work, thus prejudicing his case on its merits."

Social Security & Disability

Earls v. Colvin, 2014 WL 1333261 (N.D.Ohio)

Mar 28, 2014

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ was not permitted to disregard the opinion of a Physician Assistant and Certified Nurse Practicioner simply because they were not "acceptable medical sources." The Cour ... t found SSR 06-03p required the ALJ to at least consider an opinion from a non-acceptable medical source. The Court further found the ALJ erred by discounting Earls's testimony that her fibromyalgia caused disabling pain and fatigue because her allegations were not supported by objective testing. Due to the nature of fibromyalgia, a patient may have relatively normal physical findings despite experiencing incapacitating symptoms.

Social Security & Disability

Forehope v. Commissioner of Social Security, 2014 WL 1155360 (N.D.Ohio)

Mar 21, 2014

OUTCOME: Remand to the Agency for new hearing.

Successfully argued that the ALJ's decision was not supported by substantial evidence because it failed to even mention several of Forehope's medically determinable impairments.

Matthew Jacob Shupe's Legal Cases (18)

Losh v. Commissioner of Social Security, 2016 WL 3668138 (N.D. Ohio)

Padgett v. Commissioner of Social Security, 2016 WL 2868689 (N.D. Ohio)

Brown v. Commissioner of Social Security, 2016 WL 852528 (N.D. Ohio)

Grycza v. Colvin, 2015 WL 5692333 (N.D. Ohio)

McCole v. Commissioner of Social Security, 2015 WL 261710 (N.D.Ohio)

Fink v. Commissioner of Social Security, 2014 WL 4809457 (N.D.Ohio)

Anthony v. Commissioner of Social Security, 2014 WL 4249782 (N.D.Ohio)

Benedict v. Commissioner of Social Security, 2014 WL 3053305 (N.D.Ohio)

Earls v. Colvin, 2014 WL 1333261 (N.D.Ohio)

Forehope v. Commissioner of Social Security, 2014 WL 1155360 (N.D.Ohio)