Alexander v. Shalala

927 F. Supp. 785, 1995 U.S. Dist. LEXIS 20906
CourtDistrict Court, D. New Jersey
DecidedJuly 31, 1995
DocketCivil Action 93-4393 (MTB)
StatusPublished
Cited by16 cases

This text of 927 F. Supp. 785 (Alexander v. Shalala) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Shalala, 927 F. Supp. 785, 1995 U.S. Dist. LEXIS 20906 (D.N.J. 1995).

Opinion

OPINION

BARRY, District Judge.

I. INTRODUCTION

Plaintiff Martha Alexander brings this action pursuant to § 205(g) and § 1631(c)(8) of the Social Security Act, as amended, 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3) (the “Act”), to review a final determination of the Secretary of Health and Human Services (the “Secretary”) denying her application for disability insurance benefits and supplemental security income (“SSI”) disability payments. Plaintiff requests that the decision of *789 the Secretary be reversed, or, in the alternative, that this action be remanded to the Secretary for reconsideration.

II. FACTS

A. Background

Plaintiff was born on July 18, 1942 (Tr. at 2) 1 and was fifty years old at the time of the hearing before the ALJ on January 15,1993. Id., at 1. Plaintiff has a high school education. Id., at 2. Plaintiffs first employment, which lasted from 1976 until 1978, was at a day care center in Boston, Massachusetts. Id., at 7. This position required plaintiff to spend the majority of her day sitting, while occasionally assisting children on casual walks. Id. For the next two years, plaintiff was employed as a part-time home health aide. Id., at 5. Plaintiffs duties entailed providing care for patients in their homes, carrying cleaning supplies, and occasionally “turning over” bed-ridden patients. Id., at 5-6. From 1980 to 1983, plaintiff was employed as a cashier at a fast-food restaurant, where she was required to stand for six-hour shifts and carry or lift objects weighing up to ten pounds. Id., at 9-10. Over the next five years, plaintiff assisted at her husband’s hardware store, performing both manual and menial tasks. 2 Id., at 4-5. Plaintiffs most recent employment dates back to 1990 at which time she worked as a retail sales clerk at Jordan Marsh in Boston. Id., at 3. While so employed, plaintiff was required to lift or carry objects weighing from twenty-five to thirty pounds, and she spent approximately seven hours per day on her feet. Id.

On May 20, 1990, plaintiff injured her lower back in a fall at a Boston bank. She terminated her employment with Jordan Marsh approximately two weeks later. Id., at 11. Shortly thereafter, she moved to New Jersey. Id., at 12.

Plaintiff filed applications for SSI disability payments and for disability insurance benefits on January 27, 1992 and February 5, 1992, respectively. (Rec. at 62-68). Plaintiff alleged that, as a result of persistent lower back pain, she had been disabled within the meaning of the Act since May 21,1990. (Op. at 1). The claims were denied initially on March 30, 1992 and upon reconsideration on August 7, 1992. (Rec. at 69-76; 77-93). Pursuant to plaintiff’s timely request, (Rec. at 94-95), a hearing was held before Administrative Law Judge Irving Fliegler on January 15, 1993. (Tr. at 1). By decision dated February 3, 1993, the ALJ found that plaintiff met the disability insured status requirements of the Act from May 21,1990 through December 31, 1991, but not thereafter. (Op. at 5). However, the ALJ held that plaintiff was not under a disability within the meaning of the Act at any date through the date of the hearing. Id. Accordingly, he denied plaintiff’s request for disability insurance benefits and SSI disability payments. Id., at 6.

By letter dated July 30, 1993, the Appeals Council denied plaintiff’s request for reconsideration, concluding that there was no basis for granting her request for review. (Rec. at 2). Plaintiff then timely filed this action on October 1, 1993 seeking reversal of the Secretary’s decision, or, in the alternative, a remand of this action to the Secretary for reconsideration.

B. Medical History

Plaintiff claims that she has been disabled as a result of lower back pain since May 21, 1990 and is thus entitled to disability benefits from that date. Plaintiff’s Brief, at 1. Plaintiff was first treated for her injury on May 24, 1990 at the New England Medical Center. (Op. at 2). Emergency room records indicate that she suffered from bilateral knee pain with bruising and swelling to both *790 knees. Stipulated Medical Abstracts, at 2. An examination of the lumbar spine revealed the absence of any bone or soft tissue abnormalities. Id. The attending physician diagnosed plaintiffs condition as a lower back strain and recommended that she remain out of work for five days. (Rec. at 121).

Since the May 20, 1990 accident, plaintiff has been under the care of Dr. Alfano, a chiropractor. (Op. at 10). Dr. Alfano’s report from his initial examination of plaintiff on June 20, 1990, described an over-developed female adult with an irregular gait and antalgic posture. Stipulated Medical Abstracts, at 3. Dr. Alfano also noted that plaintiff experienced great difficulty when moving about. Id. A physical examination revealed muscle spasms in the lower back which extended into the lower legs as well as tenderness in the lumbo sacral area, the Gludius Maximus and the calves. Id. In addition, an orthopedic examination produced positive results for the following tests performed on that day: Double Leg Raise, Straight Leg Raise, and Gaensien’s Heel to Buttocks. Id. Finally, a neurological examination revealed L1-S1 hypersensitivity. Id.

Upon reexamination on January 16, 1992, Dr. Alfano reported an improvement in plaintiffs posture and gait, although he noted that plaintiff continued to move with some difficulty, experiencing slight spasms in the lower back. Id. The doctor also reported that plaintiff complained of lower back pain and was experiencing problems with her left leg. Id. The Double Leg Raise test continued to produce positive results. Id.

In treating plaintiffs condition, Dr. Alfano reported that he performed manipulative corrections (adjustments) of interosseous disrelationships with general spinal mobilization maneuvers. Id., at 4. Further, Dr. Alfano applied ice and galvanic therapy at the beginning of plaintiffs treatment, while later adding heat packs and performing both galvanic and ultrasound therapy. Id. In addition to recommending warm baths and light exercise, Dr. Alfano also instructed plaintiff to use a twenty minutes on — twenty minutes off ice treatment while at home. Id.

Based on the “considerable relief’ of plaintiffs symptomatic state, Dr. Alfano articulated a prognosis of “fair”. Id.

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Bluebook (online)
927 F. Supp. 785, 1995 U.S. Dist. LEXIS 20906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-shalala-njd-1995.