Bonner v. Colvin

153 F. Supp. 3d 465, 2015 U.S. Dist. LEXIS 168832, 2015 WL 9239754
CourtDistrict Court, D. Massachusetts
DecidedDecember 17, 2015
DocketCIVIL ACTION NO. 14-14296-MPK
StatusPublished
Cited by5 cases

This text of 153 F. Supp. 3d 465 (Bonner v. Colvin) 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
Bonner v. Colvin, 153 F. Supp. 3d 465, 2015 U.S. Dist. LEXIS 168832, 2015 WL 9239754 (D. Mass. 2015).

Opinion

MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO REERSE OR REMAND THE DECISION OF THE ACTING COMMISSIONER OF THE SOCIAL SECURITY - ADMINISTRATION (#18) AND DEFENDANT’S MOTION TO AFFIRM THE COMMISSIONER (#21).

Kelley, United States Magistrate Judge

I. INTRODUCTION

Plaintiff Jimiel Bonner seeks reversal of the decision of Defendant Carolyn W. Col-vin, Acting Commissioner of the Social Security Administration, . denying him Supplemental Security Income (“SSI”) benefits. Defendant - mqves for an Order affirming her decision. With the- administrative record (#14) having been filed and the issues fully briefed (##19, 22), the cross motions stand ready for decision.

II.BACKGROUND

A. Procedural History

Bonner filed for Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) in 2009 with an alleged disability onset date of August 1, [468]*4682004. (TR2 at 147.) The two claims were denied at the agency level and Plaintiff requested a hearing before an administrative law judge, which was held on December 2, 2010. Id. Bonner appeared at the administrative hearing with his legal representative, and both he and a vocational expert testified before ALJ Carter. Id. Through his attorney, Bonner requested a closed period of disability. Id.

In his January 24, 2011 decision, ALJ Carter determined that Bonner was under a disability as defined by the Social Security Act from December 19, 2008 through April 22, 2010, the closed period sought, due to his back disorder and knee arthritis. (TR at 152.) Plaintiff was found to have improved medically as of April 23, 2010 such that he then had a residual functional capacity to perform the full range of sedentary work. Id. Bonner did not appeal this decision.

Plaintiff again filed for SSDI and SSI benefits in May of 2011. (TR at 212-227.) These applications were denied initially (TR at 109, 117) and again upon reconsideration. (TR at 128, 137.) Plaintiff sought an administrative hearing which was held before ALJ Teehan on April 11, 2013. (TR at 39-90.) Bonner testified at the hearing, as did a vocational expert. Id.

ALJ Teehan issued his decision on May 31, 2013. (TR at 21-34.) First, Plaintiffs SSDI claim was dismissed on the grounds of res judicata. (TR at 22.) This part of the ALJ’s decision has not been appealed. Next, ALJ Teehan denied the SSI claim, concluding that Bonner had not become disabled after January 24, 2011, the date of ALJ Carter’s decision. The Appeals Council denied Plaintiffs request for review (TR at 1) which effectively rendered ALJ Teehan’s decision to be the final decision of the Acting Commissioner. Bonner then filed this civil action under 42 U.S.C. § 405(g).

B. Factual History

1. Personal History

Bonner was born on May 21, 1972 (TR at 50, 111, 212) and was forty-one years of age when ALJ Teehan issued his decision in 2013. He graduated from high school in California in 1990 (TR at 50) and has no further schooling or vocational training. (TR at 50-51.) Plaintiff has never married, but is the father of four children. (TR at 682.)

Plaintiffs work history includes jobs working in a kitchen, as a construction worker and as an auto detailer. (TR at 264.) For about a year, 2010 into early 2011, Bonner worked approximately thirty hours per week as a self-employed landscaper and snow shoveler. (TR at 51-54.)

At the administrative hearing, Plaintiff testified that he uses public transportation. (TR at 61.) He visits his children “[a]t least twice a week” in Dorchester.3 (TR at 54) and they watch movies and talk, (TR at 73.) Bonner attended his son’s football games but not “this year.” (TR at 74.)

2. Medical History

On August 30, 2005, Plaintiff saw William Creevy, M.D., for an injury to his left shoulder. (TR at 658.) Radiographs revealed “a type III AC dislocation” with “100 percent dissociation of the clavicle and acromion.” Id. The dislocation was managed non-operatively with a sling and exercises. Id. At his follow-up visit approximately three months later, Bonner was observed to have “a notable deformity,” but he reported “absolutely no symptoms” and expressed the belief that the “current [469]*469situation is tolerable.” (TR at 657.) Dr. Creevy advised Plaintiff that his shoulder should remain asymptomatic. Id.

On September 25, 2008, Bonner saw Dr. Creevy for a consultation on bilateral knee pain resulting from a fall the prior year. (TR at 649.) Dr. Creevy diagnosed a “[pjossible medial meniscal tear” in his left knee and ordered a new MRI for further evaluation. Id. Bonner returned to review the MRI results on October 23, 2008 at which point Dr. Creevy noted “a meniscal tear on the medial side with a paramenisal cyst.” Plaintiff opted to have arthroscopic surgery to repair the tear, which surgery was performed on November 10, 2008. (TR at 644, 646.)

Bonner had an appointment with Tony Tannoury, M.D., on December 19, 2008, for lower back pain. (TR at 639-641.) Following an examination and a review of x-rays of the lumbar spine taken that day, December 19, 2008, Dr. Tannoury diagnosed Plaintiff as suffering from “L5-S1 degenerative disc disease of the lumbar spine.” (TR at 640.) The treatment plan was for Bonner to go to physical therapy and to return in three months with an MRI of his lumbar spine. (TR at 641.)

An MRI taken on January 17, 2009 revealed “a large diffuse disc bulge and mild facet hypertrophic change at L5-S1” together with “narrowing of the lateral recesses bilaterally.” (TR at 637.) The radiologist’s impression was “[degenerative changes at L5-S1 with narrowing of the lateral recesses bilaterally; there is possible contact of the traversing left SI nerve root within the lateral recess by broad-based disc bulge.” Id. After meeting with Dr. Tannoury to discuss the MRI results, Bonner decided to undergo minimally invasive L5-S1 anterior posterior spinal fusion. (TR at 635.)

On March 10, 2009, Bonner underwent surgery for an L5-S1 anterior and posteri- or spinal fusion due to L5-S1 advanced degenerative disk disease. (TR at 397-399; 626r628.) At a March 25, 2009 follow-up visit with Dr. Tannoury, Plaintiff described his back pain as “gradually improving” and that he had no pain, numbness or tingling in his legs. (TR at 624.)

Radiographs of his right knee from April 2009 revealed that Bonner had mild medial compartment narrowing and a su-perolateral bipartite patella. (TR at 804.)

At a further post-surgical appointment with Dr. Tannoury on June 24, 2009, Plaintiff indicated that he had a slight tightness in the back of his thighs, but otherwise he was “happy and pleased.” (TR at 805.)

On September 17,. 2009, Plaintiff visited Dr. Creevy in the Department of Ortho-paedics for continued diffuse pain in his right knee. (TR at 804.)

On October 14, 2009, Bonner had a fol: low-up visit with Dr. Tannoury during which he stated that he had stopped physical therapy due to some pain in his back. (TR at 802.) Dr. Tannoury assessed Plaintiff with mechanical lower back pain and sent him back to physical therapy. (TR at 803.)

At a return visit with Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
153 F. Supp. 3d 465, 2015 U.S. Dist. LEXIS 168832, 2015 WL 9239754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonner-v-colvin-mad-2015.