Rossi v. Commissioner of Social Security

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHRISTINE ROSSI,
Plaintiff,
V.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
CASE NO. 1:25CV625
JUDGE DONALD C. NUGENT
ORDER ADOPTING
MAGISTRATE'S REPORT AND
RECOMMENDATION
This matter comes before the Court upon the Report and Recommendation of Magistrate
Judge Jennifer Dowdell Armstrong. (ECF #12). The Report and Recommendation, issued on
December 18, 2025, is hereby ADOPTED by this Court, without objection. Plaintiff sought
review of the Commissioner's denial of her request for disability insmance benefits and
supplemental security income. The administrative law judge ("ALJ") determined that Ms.
Rossi's conditions did not, singly or in combination, meet the severity requirements of 20 CFR.,
Part 404, Subpart P, Appendix 1. The ALJ further determined that Ms. Rossi had the residual
functional capacity to perform certain light work, as defined in 20 CFR 404.1567(b) and
416.967(b), and could perform jobs that exist in significant nvunhers in the national economy.
Ms. Rossi challenged this determination, alleging that the ALJ erred by (1) failing to
consider all of Plaintiffs impairments and related limitations; (2) failing to properly evaluate her
headaches; and, (3) failed to find that her s3nnptoms precluded her from engaging in substantial
Case: 1:25-cv-00625-DCN Doc #: 13 Filed: 02/05/26 1 of 2. PageID #: <pageID>

gainful activity on a full-time sustained basis. The Magistrate Judge found that although the ALJ
properly addressed her headaehes under step three, his decision did not adequately explain why
he discounted Ms. Rossi's subjective complaints relating to her fibromyalgia in light of the
unique nature of that condition. Further, although the ALJ did not adequately address Ms.
Rossi's complaints of dizziness, that deficiency was harmless given that there was a finding that
she suffered from severe impairments and the ALJ discussed the effects of her dizziness when
formulating her residual functional capacity.
Based on a full review of the arguments presented, the applicable law, and the record
before the Court, Magistrate Armstrong's report recommends that the Court find that the
Commissioner's improperly relied on the laek of objeetive evidenee of disability stemming from
Ms. Rossi's fibromyalgia, without evaluating her subjective complaints of pain and fatigue. No
timely objections to the report have been filed. The Court has reviewed de novo the Report and
Recommendation, see Ohio Citizen Action v. City ofSeven Hills, 35 F. Supp. 2d 575, 577 (N.D.
Ohio 1999), and ADOPTS the Magistrate Judge's Report and Recommendation in its entirely.
(ECF #12). The Commissioner's deeision denying Ms. Rossi's disability insurance and
supplemental security income is, therefore, REVERSED and REMANDED for further
proceedings consistent with the Report and Recommendation and this opinion. IT IS SO
ORDERED.
DATED:.
DONALD C. NUGEN^D
United States District Juage
-2-
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