Christopher M. Calo II v. Commissioner of Social Security

No. 5:24-CV-02211-DAR (N.D. Ohio Nov. 24, 2025) (report and recommendation) · United States District Court for the Northern District of Ohio, Eastern Division · November 24, 2025 · No. 5:24-CV-02211-DAR

Summary

This Report and Recommendation addresses Christopher M. Calo II’s challenge to the Commissioner of Social Security’s denial of child’s insurance benefits and Supplemental Security Income. The Magistrate Judge recommends affirming the Commissioner’s final decision, concluding that the administrative law judge’s residual functional capacity determination and treatment of the treating physician’s opinion were supported by the record.

Holdings

  1. The ALJ's RFC finding was supported by substantial evidence and applied proper legal standards.
  2. The ALJ adequately considered the supportability and consistency of Hrina's opinion and was not required to use the specific words "supportability" or "consistency."
  3. The ALJ was not required to include additional limitations for absenteeism, unscheduled breaks, or off-task behavior because the record did not substantiate the extreme limitations asserted by Hrina or otherwise require them.

Questions Presented

  1. Whether the ALJ's residual functional capacity finding was supported by substantial evidence.
  2. Whether the ALJ adequately evaluated the persuasiveness of the medical opinion attributed to Lisa Hrina, CNP, under 20 C.F.R. § 404.1520c.
  3. Whether the ALJ was required to include additional RFC limitations for absenteeism, unscheduled breaks, or off-task behavior based on Calo's agoraphobia and other psychological symptoms.

Disposition

affirmed

Cases Cited (24)

  • Kirk v. Sec'y of Health & Human Servs., 667 F.2d 524 (6th Cir. 1981)(followed)
  • Ealy v. Comm'r of Soc. Sec., 594 F.3d 504, 512 (6th Cir. 2010)(followed)
  • Abbott v. Sullivan, 905 F.2d 918, 923 (6th Cir. 1990)(followed)
  • Reynolds v. Comm'r of Soc. Sec., 424 F. App'x 411, 414 (6th Cir. 2011)(followed)
  • White v. Comm'r of Soc. Sec., 572 F.3d 272, 281 (6th Cir. 2009)(followed)
  • Rogers v. Comm'r of Soc. Sec., 486 F.3d 234, 241 (6th Cir. 2007)(followed)
  • Cutlip v. Sec'y of Health and Human Servs., 25 F.3d 284, 286 (6th Cir. 1994)(followed)
  • Brainard v. Sec'y of Health & Human Servs., 889 F.2d 679, 681 (6th Cir. 1989)(followed)
  • Heston v. Comm'r of Soc. Sec., 245 F.3d 528, 535 (6th Cir. 2001)(followed)
  • Buxton v. Halter, 246 F.3d 762, 772-73 (6th Cir. 2001)(followed)

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