Argeris v. Colvin

195 F. Supp. 3d 812, 2016 U.S. Dist. LEXIS 93000, 2016 WL 3951089
CourtDistrict Court, E.D. North Carolina
DecidedJuly 18, 2016
DocketNo. 5:15-CV-264-BO
StatusPublished
Cited by1 cases

This text of 195 F. Supp. 3d 812 (Argeris v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Argeris v. Colvin, 195 F. Supp. 3d 812, 2016 U.S. Dist. LEXIS 93000, 2016 WL 3951089 (E.D.N.C. 2016).

Opinion

ORDER

TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE

This matter is before the Court on pending motions. [DE 24, 30, 31]. A hearing was held in Elizabeth City, North Carolina, on July 8, 2016. For the reasons detailed below, the judgment of the Commissioner is REVERSED.

BACKGROUND

Plaintiff filed an application for a period of disability and disability insurance benefits on September 17, 2012. [Tr. 62]. Plaintiff alleges an onset date of August 24, 2012. Id. Her claim was denied initially and upon reconsideration. Id. A healing was held before an Administrative Law Judge (ALJ) on August 27, 2014, in Fay-etteville, North Carolina. Id. The ALJ issued an unfavorable decision for plaintiff on September 30, 2014. [Tr. 59-73]. The Appeals Council denied plaintiffs request for review, and the ALJ’s decision became the final decision of the Commissioner, on April 27,2015. [Tr. 1]. Plaintiff then sought review in this Court. [DE 1].

On her alleged onset date, plaintiff was 54 years old. Plaintiff has an eleventh grade education and past relevant work as a cashier. [Tr. 72]. Plaintiff has a history of chronic obstructive pulmonary disease (COPD)/asthma/bronchitis/allergies and obesity. [Tr. 64].

In response to plaintiffs motion for judgment on the pleadings, defendant moved to remand for further administrative proceedings and development under sentence four of 42 U.S.C. § 405(g). In response, plaintiff moved for dismissal, explaining at hearing that remand for further administrative proceedings could jeopardize a subsequent award of benefits. At the hearing, both sides offered substantive arguments on the issue of disability, which the Court now decides.

DISCUSSION

When a social security claimant appeals a final decision of the Commissioner, the Court’s review is limited to the determination of whether, based on the entire administrative record, there is substantial evidence to support the Commissioner’s findings. 42 U.S.C. § 405(g); Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Substantial evidence is defined as “evidence which a reasoning mind would accept as sufficient to support a particular conclusion.” Shively v. Heckler, 739 F.2d 987, 989 (4th Cir.1984) (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966)). If the Commissioner’s decision is supported by such evidence, it must be affirmed. Smith v. Chater, 99 F.3d 635, 638 (4th Cir.1996).

To find a claimant disabled, an ALJ must conclude that the claimant satisfies each of five steps. 20 C.F.R, § 404.1520(a)(4). First, a claimant must not be able to work in a substantial gainful activity. Id. Second, a claimant must have a severe physical or mental impairment or combination of impairments. Id. Third, a claimant’s impairment(s) must be of sufficient duration and must either meet or equal an impairment listed by the regulations. Id. Fourth, a claimant must not have [815]*815the residual functional capacity to meet the demands of claimant’s past relevant work. Id. Finally, the claimant must not be able to do any other work, given the claimant’s residual functional capacity, age,, education, and work experience. Id. The claimant bears the burden of proof at steps one through four, but the burden shifts to the Commissioner at step five. Bowen v. Yuckert, 482 U.S. 137, 146 n. 5,107 S.Ct. 2287, 96 L.Ed.2d 119 (1987).

Here, the ALJ found that plaintiff had not engaged in substantial gainful employment since August 24, 2012. [Tr. 64], Next, the ALJ determined that plaintiffs history of chronic obstructive pulmonary disease (COPD)/asthma/bronchitis/allergies and obesity were severe impairments. Id. However, none of plaintiffs impairments or combination of impairments met or equaled a listing. [Tr.'65]. At step four, the ALJ found that plaintiff was capable of performing light work with only occasionally climbing ladders/ropes/scaffolds and avoiding exposure to pulmonary irritants, temperature extremes, and concentrated exposure to workplace hazards. [Tr. 66], Having so concluded, the ALJ found that plaintiff was capable of performing her past relevant work as a cashier. [Tr. 72]. Accordingly, the ALJ found that plaintiff was not disabled at any time between her alleged onset date and the date of decision. [Tr. 72]. Plaintiff now seeks review of the ALJ’s determination.

In its motion for remand, defendant argued remand was appropriate because the ALJ assumed a Physical Residual Functional Capacity Questionnaire was only endorsed by a physician’s assistant (PA), rather than the treating physician as well. [DE 30]. Moreover, defendant also noted that there was a second Physical Residual Functional Capacity Questionnaire completed later and signed specifically by the treating physician which was not considered and needed to be reevaluated. Id. The Court is similarly concerned with these two issues and now. considers them in turn, to be followed by a discussion of whether the ALJ’s decision was supported by substantial evidence.

I. PA-C Opinion

Plaintiff was treated by Hope Mills Family Care beginning in September 2012 and has been a patient as recently—from the records before the Court—as 2016. During the course of this ¡time, plaintiff was seen by Dr. Johnnie Moultrie and Julia Gumpert, PA-C.

The Court recognizes that, pursuant to the regulations, a PA is not an acceptable medical source. See 20 C.F.R. § 404.1527; 20 C.F.R. § 404.1513. However, this Court has previously held that “where a physician’s assistant has treated a patient under the supervision of physicians and renders an opinion based on the course and scope of such supervised treatment, the physician’s assistant’s opinion deserves the same weight as that of a treating physician.” Bond v. Astrue, 2010 U.S. Dist. LEXIS 145985, *5 (E.D.N.C. Apr. 21, 2010). In other words, “if the facts of treatment show the primary caregiver is a non-acceptable medical source, such as a nurse practitioner, and a doctor adopts the findings and information about the patient and is engaged in the treatment, the nurse practitioner’s evaluation becomes the report of the doctor.” Palmer v. Colvin, 2014 WL 1056767, at *2, 2014 U.S. Dist. LEXIS 35115, *5, 2014 WL 1056767 (E.D.N.C. Mar. 17, 2014) (emphasis in original).

Here, precisely these circumstances occurred. Plaintiff was seen at Hope Mills Family Care for years—at times being seen by each Dr. Moultrie and Ms. Gumpert. On April 11, 2013, a Physical Residual Functional Capacity Questionnaire was completed.

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Bluebook (online)
195 F. Supp. 3d 812, 2016 U.S. Dist. LEXIS 93000, 2016 WL 3951089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/argeris-v-colvin-nced-2016.