Bourinot v. Colvin

95 F. Supp. 3d 161, 2015 U.S. Dist. LEXIS 40376, 2015 WL 1456183
CourtDistrict Court, D. Massachusetts
DecidedMarch 30, 2015
DocketCivil Action No. 14-40016-TSH
StatusPublished
Cited by77 cases

This text of 95 F. Supp. 3d 161 (Bourinot 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
Bourinot v. Colvin, 95 F. Supp. 3d 161, 2015 U.S. Dist. LEXIS 40376, 2015 WL 1456183 (D. Mass. 2015).

Opinion

ORDER AND MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS (Docket No. 11) AND DEFENDANT’S MOTION FOR ORDER AFFIRMING THE DECISION OF THE COMMISSIONER (Docket No. 15)

HILLMAN, District Judge.

This is an action for judicial review of a final decision by the Commissioner of the Social Security Administration (the “Commissioner” or “SSA”) denying the application of Lori Ann Bourinot (“Plaintiff’) for Social Security Disability Insurance Benefits and Supplemental Security Income. Plaintiff has filed a motion for judgment on the pleadings (Docket No. 11), and the Commissioner has filed a cross-motion seeking an order affirming the decision of the Commissioner (Docket No. 15). For the reasons set forth below, Plaintiffs motion is denied and Defendant’s motion is granted.

Procedural History

On November 7, 2011, Plaintiff filed concurrent applications for disability insurance benefits under Title II of the Social Security Act and supplemental security income under Title XVI of the Social Security Act. Social Security Administration Record of Social Security Proceedings, Docket No. 8, at 32 (hereinafter “(R. ■ — •)”). Plaintiff alleges that she has been [165]*165disabled since March 1, 2009, on the basis of her post-traumatic stress disorder (“PTSD”), depression, anxiety, fibromyalgia and arthritis. (R. 220). The SSA initially determined that Plaintiff was not entitled to disability insurance benefits or supplemental security income on March 9, 2012, and affirmed the decision upon reconsideration on August 2, 2012. (R. 220-25, 227-32). Plaintiff requested an administrative hearing on August 22, 2012, and a hearing was held before Administrative Law Judge (“ALJ”) Paul Carter on July 23, 2013. (R. 233, 60-93). In a written decision issued on August 7, 2013, the ALJ determined that Plaintiff was not disabled and therefore ineligible for disability insurance benefits and supplemental security income. (R. 29-59). The Appeals Council denied Plaintiffs request for review of the decision on September 4, 2013, thereby making it the final decision of the Commissioner. (R. 28). Plaintiff filed this action on February 7,'2014.

Facts

Personal and Employment History

Plaintiff was born on July 25,1965, making her 43 years old on the date of alleged onset of disability. (R. 65). She is a high school graduate, and completed nursing school in 1996. (R. 68). Her only past relevant work was as a registered nurse. (R. 87).

Medical Records

The records detailing Plaintiffs medical treatment for PTSD, depression, anxiety, fibromyalgia and arthritis are from two primary sources: Newton-Wellesley Hospital and Union Square Family Health Center.

Newton-Wellesley Hospital Records

Plaintiff treated with primary care physician Dayna Anderson, M.D. at NewtonWellesley Hospital since at least 2004. (R. 1363-64). At a routine physical on March 11, 2009, Plaintiff was prescribed Celexa and Xanax for anxiety and Ambien for insomnia. (R. 880). The treatment notes also indicate that Plaintiff was prescribed medication for arthritis through an outside facility. Id.

In March 2010 Plaintiff was admitted to the emergency room at Newton-Wellesley Hospital for treatment of a back injury after falling off the back of her boyfriend’s motorcycle. (R. 585). She was diagnosed with a contusion of the left back and buttock, as well as pneumonia. (R. 578). She was discharged with a prescription for vicodin and ibuprofen. (R. 594). At a follow-up appointment with Dr. Anderson on March 12, 2010, Plaintiff indicated that she still had significant tenderness and pain while rolling over in bed, but felt better while walking. (R. 594). At a second follow-up on March 24, Plaintiff complained of worsening lower back pain. (R. 611). She was referred to an orthopedist, Dr. Kenneth Polivy, M.D., who diagnosed her with lumbar mechanical back pain and provided Plaintiff with a back brace to wear as needed. (R. 615). A subsequent MRI indicated that Plaintiff had sustained a transverse sacral fracture at the S2-S3 level. (R. 613-14).

On May 16, 2010, Plaintiff was treated at the Newton-Wellesley emergency room following a fall down a flight of stairs. (R. 620). Plaintiff had been drinking and sustained an injury to her head and scalp, but was discharged the same day with instructions to ice the sore area for 20 minutes at a time. (R. 622). Plaintiff returned to the emergency room on July 3, 2010, for treatment of a bruised right eye and swollen cheek bone. (R. 498-501). Plaintiff stated that she suffered the injury while playing volleyball and denied domestic abuse. (R. 499). Plaintiffs right eye was swollen, vision was blurry, and she had' abrasions on one of her knuckles and left elbow. Id. [166]*166She was diagnosed with facial fractures and referred to a maxüo-facial specialist. (R. 510).

On July 30, 2010, Plaintiff was seen in the Newton-Wellesley psychiatry department by Dr. Sharon Salter, M.D., to establish treatment for Plaintiffs anxiety and situational stress. (R. 674). Plaintiff reported a history of physical, verbal and sexual abuse by her ex-husband. Id. She also reported that she lost custody of her daughter, which prompted a suicide attempt in December 2009.1 Id. Plaintiff stated that her mood, sleep, and energy were “ok,” and her appetite was good. Id. Dr. Salter remarked that she did not appear to be an imminent danger to herself or others at the time. Id. Plaintiff was diagnosed with mood disorder, anxiety, PTSD, and had a global assessment functioning (“GAF”) score of 55.

At a follow-up appointment with Dr. Salter on August 16, 2010, Plaintiff reported that she was upset about custody issues with her daughter. (R. 676). She described her mood as “sad most of the time,” and stated that she suffers mild panic attacks. However, her anxiety was manageable and her sleep was “ok with Seroquel.” Id. Dr. Salter noted that Plaintiff was alert and oriented, her appearance and speech were normal, and her GAF was 50. Id. During a visit on September 16, 2010, Plaintiff reported worsening symptoms. (R. 678). She stated that she had not gotten out of bed for the last three weeks following a job offer being rescinded. Id. Plaintiffs sleep was “horrible” and the prescribed medication was no longer working. Id. She said that she enjoys going out with her boyfriend at night but during the day she does not leave the house. Id. Dr. Salter noted that Plaintiffs affect seemed down and reserved, but she otherwise presented as normal. Id. Her GAF was 45. Id.

Plaintiff was admitted to the NewtonWellesley emergency room on September 23, 2010 for facial fractures and other injuries sustained in an assault by her boyfriend. (R. 490). She was discharged the same day with instructions to apply ice to the affected areas, and to follow up with her facial plastic surgeon, Dr. Jaimie DeRosa, M.D.2 Plaintiff reported the assault to Dr. Salter in her next visit on October 1, 2010. (R. 680). Dr. Salter noted that Plaintiff had surgery the previous day to repair her broken facial bones. Id. Plaintiff stated that she had not previously mentioned the domestic abuse because she “did not want to admit that it was happening to her again.” Id. Despite what had-happened, Plaintiff reported feeling much better than her last visit. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
95 F. Supp. 3d 161, 2015 U.S. Dist. LEXIS 40376, 2015 WL 1456183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourinot-v-colvin-mad-2015.