Boisvert v. Callahan

997 F. Supp. 183, 1998 U.S. Dist. LEXIS 3432, 1998 WL 125963
CourtDistrict Court, D. Massachusetts
DecidedMarch 10, 1998
DocketCivil Action No. 96-12351-NMG
StatusPublished
Cited by3 cases

This text of 997 F. Supp. 183 (Boisvert v. Callahan) 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
Boisvert v. Callahan, 997 F. Supp. 183, 1998 U.S. Dist. LEXIS 3432, 1998 WL 125963 (D. Mass. 1998).

Opinion

MEMORANDUM AND ORDER

GORTON, District Judge.

Pending before this Court is an action to review a final decision of the defendant, the Acting Commissioner of the Social Security AdmiMstration (the “Commissioner”), deny[184]*184ing the plaintiff, Linda Boisvert (“Boisvert”) Social Security disability benefits and supplemental security income (“SSI”) under the Social Security Act (the “Act”). See 42 U.S.C. §§ 405(g), 1383(c). Boisvert filed a civil complaint asking this Court to find that she is legally entitled to the benefits. The Commissioner moved for an order affirming his decision.

I. Procedural History

Boisvert applied for SSI benefits on January 28, 1993, alleging carpal tunnel syndrome, glaucoma, cataracts, hypertension, angina pectoris, diabetes, emphysema and ulcers. Boisvert asserts that she had been unable to work since Januaxy 28, 1993. She has not engaged in any substantial gainful activity during the relevant past.

The Commissioner denied Boisvert’s application initially and on reconsideration. An Administrative Law Judge (“ALJ”) considered the case de novo and found, on June 30, 1995, that Boisvert was not disabled within the meaning of the Act. The Appeals Council denied Boisvert’s request for review on March 7, 1996, thereby rendering the ALJ’s determination a final decision, subject to judicial review. See Da Rosa v. Secretary of Health and Human Services, 803 F.2d 24, 25 (1st Cir.1986).

On May 2, 1997, the Commissioner filed a Motion requesting that this Court enter an order confirming the Commissioner’s decision. Boisvert sought review of the Commissioner’s decision and requested, pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), that this Court find that the ALJ committed substantial error and reverse the ALJ’s decision. The alleged error of which Boisvert, complains is that the ALJ substituted his own opinion for that of her physicians, failed to give controlling weight to the opinions of the treating physicians and made other unspecified errors of law and fact.

II. Background

These are the relevant facts as presented in the record. Linda Boisvert was born in 1943. She has a ninth grade education and no relevant work experience. She was 49 years old in 1993 when she was allegedly disabled by carpal tunnel syndrome, glaucoma, cataracts, hypertension, angina pectoris, diabetes, emphysema and ulcers.

Before her alleged disability, Boisvert received intermittent treatment and consultation as follows:

1. For diabetes and hypertension, Boisvert underwent an echocardiogram on November 6, 1986 which demonstrated normal chamber dimensions, wall motion and valves.

2. On August 6, 1990, she was admitted to Landmark Medical Center in Woonsocket, Rhode Island for epigastric pain. She reported no chest pain and had not taken insulin or Lopressor, a blood pressure medication, for two days. Physicians reported that she was in no acute distress. They treated her with Nitroglycerine and reduced her pain with cold water. Boisvert’s insulin was resumed and her blood pressure was controlled with Lopressor. She was discharged on August 9,1990.

3. The next day, Boisvert underwent a treadmill exercise test which was stopped because of shortness of breath. She had no chest pain. Physicians concluded that the results were abnormal because of ST changes (electrical alterations in the heart) that occurred during testing.

4. In June, 1991, Boisvert underwent blood tests that indicated elevated levels of glucose, cholesterol, creatine and glycohemoglobin.

5. In January, 1992, she went to Thundermist Health Associates in Woonsocket, Rhode Island. Dr. Reddy advised Boisvert to gradually discontinue Lopressor. In a return appointment her weight, blood pressure and glucose level had all improved.

6. In September, 1992, Marc DeNuceio, D.O. reported that Boisvert’s cardiac, pulmonary and GI conditions were stable, but that her cholesterol and blood sugar levels were elevated. In February, 1993, Dr. DeNuceio reported that she had no motor neuropathy, no recurrent episodes of diabetic acidosis, no peripheral vascular disease and no evidence of reduced visual acuity. He reported her prognosis as “Good”.

[185]*1857. On February 3, 1993, Boisvert returned to Thundermist clinic. Her diabetes was poorly controlled, but her high blood pressure was stable.

8. On March 25, 1993, Dr. Clifford Risk evaluated Boisvert at the request of the state DDS and reported that her hypertension and diabetes were under fair control with medication. Dr. Risk concluded that she had isolated hypertension, stable peptic ulcer disease, hyperlipidemia, mild carpal tunnel syndrome, insulin dependent diabetes and chest pain suggestive of coronary artery disease.

In a summary to Boisvert’s attorney dated June 9,1994, Dr. DeNuccio noted that many of her medical conditions were correctable. He noted diabetic neuropathy which could be corrected with Zostrix cream and he stated that fatigue was partially due to lack of control and compliance with respect to her diabetic condition. Dr. DeNuccio concluded that she could work half days if she could change positions between sitting and standing and avoid tasks that resulted in significant pain.

III. Analysis

A. Standard of Review

Judicial review of a final decision of the Commissioner is limited by 42 U.S.C. §§ 405(g), 1383(c)(3).2 After a final determination is made by the Commissioner, at the request of a party, this Court is authorized to review the pleadings and the transcript of the record of the proceeding and to enter a judgment affirming, modifying, or reversing the decision, with or without remanding the cause for a rehearing. See id. § 405(g). This Court’s review is limited in scope, however, because the Commissioner’s factual findings must be affirmed if they are supported by substantial evidence in the record and are in accord with the law. See id.; Irlanda Ortiz v. Secretary of Health and Human Services, 955 F.2d 765, 769 (1st Cir.1991).

Even in cases where the record can be perceived to support another conclusion, the Commissioner’s decision must be upheld if it was supported by substantial evidence. See Rodriguez Pagan v. Secretary of Health and Human Services, 819 F.2d 1, 3 (1st Cir.1987), cert. denied, 484 U.S. 1012, 108 S.Ct. 713, 98 L.Ed.2d 663 (1988); see also Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

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997 F. Supp. 183, 1998 U.S. Dist. LEXIS 3432, 1998 WL 125963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boisvert-v-callahan-mad-1998.