Brown v. Astrue

852 F. Supp. 2d 543, 2012 U.S. Dist. LEXIS 48049, 2012 WL 1129362
CourtDistrict Court, D. Delaware
DecidedApril 4, 2012
DocketC.A. No. 10-813-LPS
StatusPublished

This text of 852 F. Supp. 2d 543 (Brown v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Astrue, 852 F. Supp. 2d 543, 2012 U.S. Dist. LEXIS 48049, 2012 WL 1129362 (D. Del. 2012).

Opinion

MEMORANDUM OPINION

STARK, District Judge:

I. INTRODUCTION

Plaintiff, Clinton Brown, Jr. (“Brown” or “Plaintiff’), appeals from a decision of defendant, Michael J. Astrue, the Commissioner of Social Security (“Commissioner” or “Defendant”), denying his application for disability insurance benefits (“DIB”) and supplemental social security income (“SSI”) under Title II and Title XVII of the Social Security Act (the “Act”), 42 U.S.C. §§ 401-433, 1381 — 1383f. This Court has jurisdiction pursuant to 42 U.S.C. § 405(g).

Presently pending before the Court are cross-motions for summary judgment filed by Brown and the Commissioner. (D.I. 14, 17) Brown asks the Court to reverse Defendant’s decision and order an award of benefits. (D.I. 15 at 19) Defendant requests that the Court affirm his decision to deny benefits. (D.I. 18 at 24) For the reasons set forth below, Plaintiffs motion will be granted in part and the Commissioner’s motion will be denied. This matter will be remanded to the Commissioner for further findings and/or proceedings consistent with this Memorandum Opinion.

II. BACKGROUND

A. Procedural History

Plaintiff filed his application for DIB and SSI on August 22, 2007, alleging disability since July 31, 2007 due to heart problems. (D.I. 11 (hereinafter “Tr.”) at 97, 105, 134) Plaintiffs claims for DIB and SSI were denied initially and upon recon[546]*546sideration. (Tr. 57, 62) Thereafter, Plaintiff requested a hearing before an administrative law judge (“ALJ”). (Tr. 8, 72-73) A hearing was held on September 10, 2009 before ALJ Judith A. Showalter, at which Plaintiff was represented by counsel. (Tr. 8) Plaintiff and a vocational expert testified at the hearing. (See Tr. 20-52) On October 19, 2009, the ALJ issued a written decision in which she found that Plaintiff was not disabled as defined in the Act. (Tr. 17) Plaintiff requested review of the ALJ’s decision, and the Appeals Council denied Plaintiffs request for review on July 29, 2010. (Tr. 1) Thus, the October 19, 2009 decision of ALJ Showalter became the final decision of the Commissioner. See 20 C.F.R. §§ 404.955, 404.981; Sims v. Apfel, 530 U.S. 103, 107, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000).

On September 23, 2010, Brown filed a complaint seeking judicial review of the ALJ’s October 19, 2009 decision. (D.I. 2) On May 25, 2011, Brown moved for summary judgment. (D.I. 14) In response, on June 24, 2011, the Commissioner filed a cross-motion for summary judgment. (D.I. 17)

B. Factual Background

1. Brown’s Medical History, Treatment, and Conditions

Plaintiff was thirty-seven years old on his alleged disability onset date and was considered a younger individual for disability determination purposes. See 20 C.F.R. § 416.963(c); Tr. 10, 16. Plaintiff has a twelfth-grade education. (Tr. 16, 139) He has previous work experience as a cook, tree laborer, masonry laborer, and mason. (Tr. 16, 25-27, 135, 156) In his application for DIB and SSI, Plaintiff contended that his heart problems were the cause of his disability. (Tr. 97, 105, 134) Plaintiffs relevant medical history is detailed below.

Plaintiff was hospitalized for five days beginning on July 31, 2007 and was diagnosed with ventricular tachycardia (“VT”) with secondary diagnoses of acute renal failure, non-ischemic cardiomyopathy, and cocaine abuse. (Tr. 198-200, 203, 209, 269) Laboratory testing revealed an elevated creatinine function level and an elevated random glucose level, which were attributed to stress hyperglycemia. (Tr. 199— 200) A drug screen from the emergency room tested positive for cocaine and benzodiazepines. (Tr. 198, 212, 217, 245) An echocardiogram revealed a global impairment in the left ventricular systolic function with an estimated ejection fraction of approximately thirty-five percent and intact valvular structures. (Tr. 242-43) Roger Kerzner, M.D., performed a cardiac catheterization that revealed non-ischemic cardiomyopathy, but no significant epicardial coronary artery disease. (Tr. 203, 257) Consequently, Dr. Kerzner implanted a cardioverter-defibrillator (“ICD”) and advised Plaintiff of increased risks associated with continued cocaine use. (Tr. 203, 251-53, 266-67, 269)

On August 28, 2007, Plaintiff informed Dr. Kerzner that he was a construction worker and often had to do heavy lifting. (Tr. 273) Dr. Kerzner opined that Plaintiff would have to decrease his work strain and limit himself to light construction work. (Tr. 273) He indicated Plaintiff could return to work in one month. (Tr. 273) He also noted that Plaintiff experienced short-term memory loss from a 1992 car accident. (Tr. 273)

At an August 31, 2007 follow-up visit, Plaintiff reported that he was doing ok but was experiencing orthopnea (shortness of breath) and minimal pedal edema (leg or ankle swelling). (Tr. 276) Plaintiff stated he was able to climb a set a stairs without difficulty, palpitations, or syncope. (Tr. 276) Dr. Kerzner felt Plaintiffs ICD inci[547]*547sions were healing well, despite Plaintiffs report of incisional discomfort. (Tr. 276) Dr. Kerzner diagnosed Plaintiff with nonischemic cardiomyopathy, congestive heart failure (“CHF”), and sustained VT status post ICD implant likely secondary to cocaine use. (Tr. 276) Dr. Kerzner indicated that Plaintiff had chronic systolic heart failure and was currently New York Heart Association (“NYHA”) Class II1; accordingly, he modified Plaintiffs medications and referred Plaintiff to cardiac rehabilitation. (Tr. 276-77) Dr. Kerzner also noted that Plaintiff experienced memory loss as a result of a head injury. (Tr. 276-77) Dr. Kerzner provided a letter to Plaintiff, which stated that Plaintiff should “no longer work in his previous occupation due to this condition.” (Tr. 278)

At a follow-up visit in September 2007, Plaintiff reported that he had recently been treated in the emergency room for dizziness and dyspnea, but that since the emergency room visit he was feeling better. (Tr. 291) Plaintiff reported significant orthopnea and pedal edema, headaches, and orthostatic dizziness. (Tr. 291) Plaintiff stated that he was able to climb a set of stairs without difficulty and had no palpitations or syncope. (Tr. 291) Plaintiff continued to report incisional discomfort from his ICD, but Dr. Kerzner noted that the incision site was improving and healing well. (Tr. 291) A physical examination revealed no abnormalities, including no edema. (Tr. 291) Dr. Kerzner’s assessment remained unchanged and Plaintiffs CHF remained NYHA Class II. (Tr. 292) However, Dr. Kerzner increased Plaintiffs dosage of Lasix and prescribed Aldactone because Plaintiff was likely mildly volume overloaded. (Tr. 292) Dr. Kerzner recommended that Plaintiff check his blood pressure when he had headaches and follow-up with a neurologist. (Tr. 292)

At a December 2007 follow-up visit, Plaintiff reported “feeling better with less dyspnea with activity, less edema, [and] less orthopnea.” (Tr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Barnhart v. Thomas
540 U.S. 20 (Supreme Court, 2003)
Reeves v. Sanderson Plumbing Products, Inc.
530 U.S. 133 (Supreme Court, 2000)
Sims v. Apfel
530 U.S. 103 (Supreme Court, 2000)
Gonzalez v. Astrue
537 F. Supp. 2d 644 (D. Delaware, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
852 F. Supp. 2d 543, 2012 U.S. Dist. LEXIS 48049, 2012 WL 1129362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-astrue-ded-2012.