Casselbury v. Colvin

90 F. Supp. 3d 81, 2015 U.S. Dist. LEXIS 31223, 2015 WL 1096399
CourtDistrict Court, W.D. New York
DecidedMarch 13, 2015
DocketNo. 13-CV-6289 EAW
StatusPublished
Cited by12 cases

This text of 90 F. Supp. 3d 81 (Casselbury v. Colvin) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Casselbury v. Colvin, 90 F. Supp. 3d 81, 2015 U.S. Dist. LEXIS 31223, 2015 WL 1096399 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Plaintiff Pamela L. Casselbury (“Plaintiff’) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking review of the final decision of Carolyn W. Colvin, Acting Commissioner of Social Security (“the Commissioner”), denying Plaintiffs application for disability insurance benefits. (Dkt. 1). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) Thomas P. Tielens was not supported by substantial evidence in the record and was based on erroneous legal standards.

Presently before the Court are the parties’ competing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 14, 17). For the reasons set forth below, the Commissioner’s motion for judgment on the pleadings (Dkt. 17) is denied, Plaintiffs motion (Dkt. 14) is granted in part, and this matter is remanded for further administrative proceedings.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On September 29, 2009, Plaintiff protectively filed an application for disability insurance benefits. (Administrative Transcript (hereinafter “Tr.”) 133-38). In her application, Plaintiff alleged a disability onset date of June 26, 2008. (Tr. 133, 143). Plaintiff alleged the following disabilities: sciatica, herniated L4-L5 disc, degenerative disc disease, and blood disorder. (Tr. 148). Plaintiffs application was denied on January 27, 2010. (Tr. 82-85).

On January 24, 2011, Plaintiff, represented by counsel, testified at a hearing before ALJ Tielens. (Tr. 52-78). On March 4, 2011, the ALJ issued a finding that Plaintiff was not disabled within the meaning of the Social Security Act. (Dkt. 1 at 6-19).

On January 11, 2013, the Appeals Council denied Plaintiffs request for review. (Dkt. 1 at 40). The Appeals Council set [85]*85aside that decision to consider additional information and again denied Plaintiff’s request for review on January 30, 2013, making the ALJ’s decision the final decision of the Commissioner. (Id. at 40-44). On June 6, 2013, Plaintiff filed this civil action appealing the final decision of the Commissioner. (Dkt. 1).

B. The Non-Medical Evidence

Plaintiff was born on April 14, 1961, and was 49 years old on the date last insured. (Dkt. 1 at 18; Tr. 56). Plaintiff graduated from high school and had some training in child care. (Tr. 56). Plaintiff had previously worked as a construction worker, school bus driver, and lunch monitor. (Tr. 57-59, 64, 66, 149). Plaintiff testified that she lived with her husband and son. (Tr. 60).

She could not drive due to the medications she was on, but did not have a driver’s license because she had “gotten a DWI.” (Tr. 61). Plaintiff was incarcerated for approximately two months as a result of her most recent DWI arrest after she removed her ankle monitor. (Tr. 62-64).

Plaintiff left her last job as a school bus driver after an arrest for hitting a woman that her husband worked with because she was on probation with the school district, and such an arrest violated her probation. (Tr. 65).

Plaintiff claimed that she was alleging disability due to back pain. (Tr. 67). Plaintiff claimed that she had pain in her limbs, neck, and head. (Tr. 61, 67). Plaintiff stated that she had no recollection of how her back pain started, but said that she went to the emergency room for the pain and has been in pain ever since. (Tr. 67). Plaintiff testified that she had been to physical therapy one time, and that she had received spinal injections twice. (Tr. 68). She had been told that surgery would not improve her symptoms. (Tr. 69). Plaintiff took pain medications, but could not recall their names. (Id.). Plaintiff wore á TENS unit to help with her back pain. (Tr. 69-70). Plaintiff claimed that the pain was “like lightning bolts.” (Tr. 72).

Plaintiff wore a brace on her right wrist for carpal tunnel syndrome. (Tr. 70). Plaintiff stated that she had difficulty with buttons and snaps because her right hand was often numb. (Tr. 73). She needed to use two hands to lift a gallon of milk. (Id.). Plaintiff testified that she could wash dishes, but needed to take breaks while doing it. (Tr. 74). Plaintiff did laundry, but was unable to carry a laundry basket, so she had to carry a few clothes at a time. (Id.).

Plaintiff testified that she could bend part way down, but had a hard time standing upright again. (Tr. 75). She had a difficult time standing in the shower because of pain, and could not walk or run without pain. (Tr. 76). Plaintiff claimed that it hurt to get dressed, brush her teeth, comb her hair, get washed, or shave her legs. (Id.). Plaintiff testified that she had been prescribed Valium to help her sleep, because her pain would wake her up in the night. (Tr. 77-78).

C. Summary of the Medical Evidence

The Court assumes the parties’ familiarity with the medical record, which is summarized below.

Emergency department records from Robert Packer Hospital in Sayre, Pennsylvania, dated June 26, 2008, indicate that Plaintiff sought treatment for left leg and back pain after she injured her back while working in her garden. (Tr. 235). Dr. Russell Burkett examined Plaintiff and noted that Plaintiff had a full range of motion, full strength, and normal reflexes. (Id.). Plaintiff was advised to use warm [86]*86compresses and take Naproxyn for “probable sciatica.” (Tr. 235-37).

On July 28, 2008, Plaintiff treated at Kinsley Chiropractic Center for left leg pain. (Tr. 242-43, 245-46). Plaintiff reported numbness and sharp pain in her left leg at her July 30, 2008, and August 1, 2008, appointments, but a note from August 11, 2008, indicated that Plaintiff was “improving overall.” (Tr. 243-44).

On January 29, 2009, Plaintiff treated with nurse practitioner (“NP”) Nancy Kemp, for complaints of incontinence. (Tr. 290-91). NP Kemp noted Plaintiffs reported back pain and referred Plaintiff to physical therapy. (Id.).

Plaintiff treated with physical therapist (“PT”) Whitney Mitchell on February 5, 2009, for pain and numbness in her left buttock and leg. (Dkt. 247). PT Mitchell noted that Plaintiff presented with “full ROM, joint mobility and flexibility of the lumbar spine which rules out underlying disc pathology or compression of nerve roots creating current pain.” (Tr. 249).

On February 10, 2009, Plaintiff treated with chiropractor William Bauman for left-side leg pain and sciatica. (Tr. 225). A review of MRI results showed an L5-S1 disc herniation. (Id.). NP Kemp noted on these MRI results that Plaintiff had “no significant stenosis or impingement on nerve,” and noted that Plaintiff should follow up with a chiropractor as neurosurgery was not indicated based on the test results. (Tr. 270).

Dr. Erik Gregorie of Guthrie Clinic in Sayre, Pennsylvania, examined Plaintiff on March 23, 2009. (Tr. 258-59). Dr. Grego-rie observed that Plaintiffs station, gait, muscle strength, and motor tone were normal. (Tr.

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90 F. Supp. 3d 81, 2015 U.S. Dist. LEXIS 31223, 2015 WL 1096399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casselbury-v-colvin-nywd-2015.