Balaguer v. Astrue

880 F. Supp. 2d 258, 2012 WL 3090041, 2012 U.S. Dist. LEXIS 106231
CourtDistrict Court, D. Massachusetts
DecidedJuly 31, 2012
DocketCivil Action No. 11-10611-WGY
StatusPublished
Cited by13 cases

This text of 880 F. Supp. 2d 258 (Balaguer v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balaguer v. Astrue, 880 F. Supp. 2d 258, 2012 WL 3090041, 2012 U.S. Dist. LEXIS 106231 (D. Mass. 2012).

Opinion

MEMORANDUM OF DECISION

YOUNG, District Judge.

I. INTRODUCTION

The plaintiff, Veronica Balaguer (“Balaguer”) brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and 42 U.S.C. § 1383(c)(3), seeking judicial review of the final decision of the Commissioner of Social Security (the “Commissioner”). Balaguer challenges the decision of the Administrative Law Judge (the “hearing officer”) denying her Supplemental Security Income (“SSI”) benefits and Social Security Disability Insurance (“SSDI”) benefits. She argues that the hearing officer’s decision was not based on substantial evidence, and that the hearing officer failed properly to apply the Avery factors in assessing Balaguer’s medically determinable impairments and her residual functional capacity. Mem. Law Supp. Pl.’s Mot. Reverse Remand Decision Comm’r Social Security (“PL’s Mem.”), ECF No. 15. Balaguer requests this Court reverse the decision of the Commissioner or, in the alternative, remand the case to the Commissioner. Compl., ECF No. 1. The Commissioner filed a motion requesting for an order affirming his decision. Def.’s Mot. Affirm Comm’r’s Decision, ECF No. 18.

A. Procedural Posture

Balaguer filed for SSI and SSDI benefits on August 26, 2008, claiming that she has been disabled since June 15, 2007. Admin. R. 189-94, 195-201, ECF No. 12. The Regional Commissioner denied both of Balaguer’s applications on December 24, 2008. Id. at 104-09. After Balaguer filed a request for reconsideration, her applications were reevaluated and again denied by the Regional Commissioner on June 4, 2009. Id. at 110-12. Balaguer requested an oral hearing on June 25, 2009, id. at 113-15, which was held before a hearing officer on October 13, 2010, see id. at 41. On November 1, 2010, the hearing officer issued an unfavorable decision, finding that Balaguer was not disabled within the meaning of the Social Security Act for the alleged disability period. Id. at 7-18.

The Decision Review Board (the “Board”) selected the hearing officer’s decision for review, but the Board did not complete its review within the prescribed ninety-day period. Id. at 1. Thus, the hearing officer’s decision became final on February 8, 2011. Id.; see 20 C.F.R. § 405.420(a)(2) (removed and reserved, 76 Fed.Reg. 24810 (May 3, 2011)). On April 11, 2011, Balaguer filed the present action with this Court to review the decision of the Commissioner pursuant to 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3). See Compl. 1-7.

B. Background

1. Factual Background

Balaguer was born in 1987. Admin. R. 191. She has a ninth grade education and did not obtain a General Education Development certificate.1 Id. at 54-55, 78. She completed an eight-month training program at the Everest Institute to become a medical assistant.2 Id. at 50-52.

[262]*262Balaguer’s prior employment includes work as a part-time cashier at a retail store, a position she held April 2007 and July 2007. Id. at 90, 256. She has also held part-time positions in construction and landscaping between November 2005 and June 2007. Id. at 92, 256. Balaguer has a history of numerous physical and mental impairments.

2. Physical Impairments

On October 22, 2008, Balaguer saw Henry Astarjian, M.D. (“Dr. Astarjian”), who conducted a Physical Residual Functional Capacity Assessment. Id. at 421. Dr. Astarjian noted that Balaguer suffered from asthma, morbid obesity, hypothyroidism, and back pain. Id. at 421-22. He stated that Balaguer’s obesity was the most probable reason for her back pain, and that “otherwise there is no neuro/ortho pathology causing the pain.” Id. at 422. Dr. Astarjian further noted that Balaguer occasionally could lift or carry up to twenty pounds and could frequently lift or carry up to ten pounds; that she could sit, stand or walk for about six hours in an eight-hour work day. Id. Dr. Astarjian indicated that Balaguer could frequently climb ramps or stairs and could occasionally climb ladders or ropes. Id. at 423. He also indicated that Balaguer could frequently balance, stoop, kneel, crouch, and crawl, id., but warned that she should avoid even moderate exposure to fumes, odors, dusts, gases, and poor ventilation, id. at 425.

On July 6, 2010, Balaguer saw David Cahan, M.D. (“Dr. Cahan”), for a consultative examination for the purposes of determining disability. Id. at 489. Dr. Cahan noted that Balaguer’s asthma appeared to be under reasonable control and that she was taking thyroid supplementation medication. Id. He further noted that Balaguer complained of low back discomfort, which occasionally radiated to the level of the posterior right knee, as well as right knee discomfort. Id. Dr. Cahan’s examination revealed that “the right knee was tender with obvious crepitus and extension limited to 140 degrees.” Id. at 489. He noted that Balaguer claimed that she could walk slowly for a half hour, but needed to rest after climbing one flight of stairs. Id. at 488. Dr. Cahan further noted that Balaguer can sit for ten to twenty minutes and stand for five to ten minutes, with back and right knee pain limiting her. Id. He also indicated that Balaguer “could not squat or arise terribly well from a squatting position.” Id. at 489.

On September 25, 2010, Nurse Practitioner Rebecca Reed (“N.P. Reed”), Balaguer’s primary treating practitioner since 2002, listed Balaguer’s diagnoses as morbid obesity, hypothyroidism, migraine headaches, low back pain, and depression. Id. at 678. N.P. Reed noted that prescribed medications, such as analgesics and muscle relaxants, had helped Balaguer’s back pain a little, but that physical therapy had not been helpful. Id. at 679. Balaguer has been prescribed several medications to treat her pain, including Levothyroxine sodium tabs, Synthroid, Albuterol, Adipex, Vitamin D supplements, Protonix, Flexeril, Tylenol, and Ipratropium Bromide. Id. at 393, 401, 503, 511-12. N.P. Reed indicated that Balaguer could sit and stand for 45 continuous minutes, id. at 680, and that Balaguer can sit, stand, or walk for about two hours in an eight-hour work day, id. She also indicated that Balaguer could not bend or twist at the waist. Id. at 682.

3. Mental Impairments

In April and July 2008, Balaguer sought mental health treatment with Licensed Independent Clinical Social Worker Carol L. Bell (“LICSW Bell”), stating that she was unhappy with her life. Id. at 438. LICSW Bell noted that Balaguer felt fearful and stressed in crowds, and was using [263]*263alcohol and marijuana in order to lessen her symptoms of depression and anxiety.3 Id.

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Cite This Page — Counsel Stack

Bluebook (online)
880 F. Supp. 2d 258, 2012 WL 3090041, 2012 U.S. Dist. LEXIS 106231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balaguer-v-astrue-mad-2012.