Blessing v. Colvin

951 F. Supp. 2d 367, 2013 WL 3242193
CourtDistrict Court, N.D. New York
DecidedJune 24, 2013
DocketNo. 09-cv-01264 (WGY)
StatusPublished
Cited by1 cases

This text of 951 F. Supp. 2d 367 (Blessing v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blessing v. Colvin, 951 F. Supp. 2d 367, 2013 WL 3242193 (N.D.N.Y. 2013).

Opinion

DECISION and ORDER

WILLIAM G. YOUNG, District Judge.2

1. INTRODUCTION

Rodney Blessing (“Blessing”) brings this suit pursuant to section 205(g) of the Social Security Act (the “Act”), codified at 42 U.S.C. section 405(g), seeking judicial review of a decision of the Commissioner of Social Security (the “Commissioner”). Pl.’s Br. (“Blessing Br.”), ECF No. 13. The Commissioner denied Blessing’s application for social security benefits. Blessing requests reversal or remand of the Commissioner’s decision. Id. at 15. This Court remands.

A. Procedural Posture

On February 9, 2006, Blessing protectively filed an application with the Social Security Administration (the “Administration”) for a period of disability and disability insurance benefits (collectively, “Disability Benefits”). Admin. R. at 12. A disability examiner denied Blessing’s request on May 16, 2006. Id. at 22. Blessing timely requested a hearing by an Administrative Law Judge (the “hearing officer”) on June 20, 2006. Id. at 28. The hearing officer scheduled a video conference hearing for April 21, 2008. Id. at 23. At the hearing, Blessing appeared, represented by an attorney, and testified. Id. at 174-202. On May 27, 2008, the hearing officer reached a decision unfavorable to Blessing, id. at 9-11, finding that although Blessing was disabled by post-traumatic stress disorder (“PTSD”) and drug addiction, he was not entitled to Disability Benefits because his drug addiction was a contributing factor material to the determination of disability, id. at 12-21. Subsequently, Blessing provided additional evidence and requested review by the Social Security Appeals Council (the “Appeals Council”). Id. at 165-67. The Appeals Council considered the additional evidence, found no reason to review the hearing officer’s decision, and denied Blessing’s request for review. Id. at 168-171. Afterwards, Blessing submitted a questionnaire by a treating physician and requested reconsideration in light of new evidence. Id. at 172-73. The Appeals Council considered the additional information and again denied Blessing’s request for review. Id. at 4-7. Blessing then appealed to this Court. CompL, ECF No. 1. Blessing submitted a brief in support of reversal or remand of the Commissioner’s decision, Blessing Br., and the Commissioner filed a brief in opposition to Blessing’s claims, Def.’s Br. Opp’n Pl.’s Br. & Supp Comm’r’s Decision Pursuant Gen. Order No. 18, ECF No. 14.

B. Factual Background

Blessing was born on May 18, 1947. Admin. R. at 30. He claims disability beginning on December 30, 2005. Id. at 12. [369]*369The hearing officer found, pursuant to the insured status requirements, that Blessing must establish disability before March 31, 2006, to be entitled to Disability Benefits. See id. at 14.

1. Physical Impairments

Blessing accepts for this appeal the hearing officer’s factual findings regarding his physical impairments. Blessing Br. 2. Thus, this Court adopts the hearing officer’s finding of facts involving physical impairments:

The record indicates a history of knee and ankle pain. December 25, 2005 x-ray of the knee indicated that the possibility of extremely minimal and early osteoarthritis could not be excluded, but other than this, there was no radiological detectable bony or joint pathology. X-ray of the left ankle showed no evidence of recent fracture,, dislocation or degenerative changes; however, there was the suggestion of a tiny plantar calcaneal spur from the left calcaneal. The claimant was diagnosed with arthritis of the lower extremities (Exhibit IF). I note however, the claimant has had no treatment regarding this impairment and the record does not reflect that it causes more than minimal limitations. Therefore, it is not considered a severe impairment.
He also testified to having bad knees. It takes him a while to stand up.

Admin. R. at 14, 16.

2. Drug Addiction

Blessing’s history of drug use is evident in almost all medical records, including medical records from physician assistant Stephen A. Scharding (“Scharding”), Progress Notes from staff psychiatrist Charles R. McGurk (“McGurk”), and medical evaluations from the United States Department of Veteran Affairs (the “VA”).

Scharding, a physician assistant at the Wilkes-Barre VA Medical Center, treated Blessing for drug use on June 3 and June 8, 2006. Admin. R. at 112-14. Scharding’s medical records noted Blessing’s history of drug use, which included heroin dependence, nicotine dependence, and polysubstance dependence. Id. at 112. At that time, Scharding started Blessing on Suboxone therapy, which lasted for nearly two years at least. Id. at 115. Scharding, in a medical record dated April 18, 2008, stated that Blessing had stayed abstinent from drugs since June 8, 2006. Id.

McGurk, a staff psychiatrist at the Sayre VA Outpatient Clinic, treated Blessing five times, on January 11, March 15, June 21, and November 29, 2007, and on April 10, 2008. Id. at 131-41. In the January 11, 2007, Progress Note, McGurk mentioned Blessing’s history of drug abuse. Id. at 139. According to this note, Blessing used marijuana during his service in the Vietnam War, was arrested twice after returning to the United States, and “continued to have relapses on and off for many years.” Id, In the March 15, 2007, Progress Note, McGurk noted that Blessing suffered from “a lifetime of substance abuse including multiple drugs from many years.” Id. at 138. In the November 29, 2007, and April 10, 2008, Progress Notes, McGurk once again commented on Blessing’s experience with drug dependence and series of incarcerations related to his substance abuse. Id. at 131, 134.

McGurk’s Progress Notes indicate that Blessing has largely been abstinent from drugs since 2006. In the January 11, 2007, Progress Note, McGurk noted that the Suboxone treatment started by Scharding had been working well. Id. at 139. In the March 15, 2007, Progress Note, McGurk found that “[Blessing] continue[d] to do well on Suboxone after a lifetime of sub[370]*370stance abuse.” Id. at 138. In the November 29, 2007, Progress Note, McGurk noted Blessing’s strong proclivities towards substance abuse and remarked that Blessing had taken his wife’s narcotics several weeks before “without even thinking about it.” Id. at 134. Aside from that lapse, however, the Suboxone treatment had been effective. Id. In the April 10, 2008, Progress Note, McGurk wrote that “[Blessing] ha[d] been doing significantly better in regards to his substance abuse maintaining abstinence fairly well with neither alcohol nor narcotics being abused.”3 Id. at 131.

The VA evaluated Blessing’s medical condition and issued a report in September 2007. Id. at 120-25. The VA’s initial evaluation for PTSD recorded Blessing’s drug abuse. Id. at 120. According to the report, Blessing smoked marijuana in Vietnam and did hard drugs after returning to the United States. Id.

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951 F. Supp. 2d 367, 2013 WL 3242193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blessing-v-colvin-nynd-2013.