Chaney-Everett v. Astrue

839 F. Supp. 2d 1291, 2012 WL 928184, 2012 U.S. Dist. LEXIS 39546
CourtDistrict Court, S.D. Florida
DecidedMarch 6, 2012
DocketCase No. 11-61492-Civ.
StatusPublished
Cited by14 cases

This text of 839 F. Supp. 2d 1291 (Chaney-Everett v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaney-Everett v. Astrue, 839 F. Supp. 2d 1291, 2012 WL 928184, 2012 U.S. Dist. LEXIS 39546 (S.D. Fla. 2012).

Opinion

ORDER ACCEPTING REPORT AND RECOMMENDATION

KATHLEEN M. WILLIAMS, District Judge.

This MATTER is before the Court on Magistrate Judge Barry S. Seltzer’s Report and Recommendation [D.E. 24], More than fourteen days have passed since Magistrate Judge Seltzer issued his Report and Recommendation, and no objections have been filed. Moreover, the Court has conducted a de novo review of the record and hereby ACCEPTS Magistrate Judge Seltzer’s Report and Recommendation. Accordingly, the Plaintiffs Motion for Summary judgment [D.E. 18] is DENIED, and the Defendant’s Motion for Summary Judgment [D.E. 19] is GRANTED. All pending motions are DENIED AS MOOT, and all hearings are CANCELED. The Clerk is directed to CLOSE this case.

DONE AND ORDERED in Chambers, in Miami, Florida, this 5th day of March, 2012.

REPORT AND RECOMMENDATION TO DISTRICT JUDGE

BARRY S. SELTZER, United States Magistrate Judge.

I. INTRODUCTION

THIS CAUSE is before the Court on the cross-motions for summary judgment1 [1295]*1295filed, respectively, by Plaintiff Jan Chaney-Everett (“Claimant”) and by Defendant Michael J. Astrue, Commissioner of Social Security (“Commissioner”). The motions were referred to the undersigned pursuant to 28 U.S.C. § 636 and Magistrate Rule 1(c) and (d), Local Rules of the United States District Court for the Southern District of Florida.

The cross-motions present the following issue: whether there exists substantial evidence to support the determination of the Administrative Law Judge (“ALJ”) that Claimant has the residual functional capacity (“RFC”) to perform unskilled light work — “light non-stress jobs” or “light level work simple and routine in nature”— and, therefore, is “not disabled” within the meaning of the Social Security Act. The undersigned concludes that substantial evidence does support the ALJ’s determination. Accordingly, the undersigned RECOMMENDS that Plaintiffs Motion for Summary Judgment (DE 18) be DENIED, that Defendant’s Motion for Summary Judgment (DE 19) be GRANTED, and that the Commissioner’s decision be AFFIRMED.

II. PROCEDURAL HISTORY

On December 30, 2008, Claimant filed applications for a period of Disability, for Disability Insurance Benefits (“DIB”), and for Supplemental Security Income (“SSI”), alleging that she became disabled as of December 23, 2008 due to Bipolar Disorder, Depression, Hypertension, and Human Immunodeficiency Virus (“HIV”). Tr. 120, 122, 160-61. The Social Security Administration denied Claimant’s applications initially and upon reconsideration. Tr. 70-72, 74-76, 83-84, 86-87.

Claimant filed a timely request for hearing. On November 24, 2010, Claimant, accompanied by counsel, appeared and testified at a hearing before an ALJ. Tr. 24-41. On December 17, 2010, the ALJ issued his decision, finding that Claimant could perform unskilled light work and concluding, therefore, that Claimant is “not disabled” from December 23, 2008, through the date of the decision. Tr. 57-68. On June 1, 2011, the Appeals Council denied Claimant’s request for review, leaving the ALJ’s decision standing as the final decision of the Commissioner. Tr. 1-4.

On July 7, 2011, Claimant filed a Complaint in this Court seeking judicial review of the Commissioner’s decision (DE 1). On October 25, 2011, the Commissioner filed an Answer, together with the administrative record (DE 14, 15). On December 22, 2011, Claimant filed Plaintiffs Motion for Summary Judgment with Supporting Memorandum of Law (DE 18), and on January 23, 2012, the Commissioner filed Defendant’s Motion for Summary Judgment with Supporting Memorandum of Law and Response to Plaintiffs Motion for Summary Judgement (DE 19). On February 2, 2012, Claimant responded to Defendant’s Motion (DE 21), and on February 8, 2012, the Commissioner replied thereto (DE 23).

The matter is now ripe for review.

III. FACTS

The undersigned has reviewed the Statement of Facts contained within Defendant’s Motion and finds that it fairly and accurately summarizes the relevant portions of the administrative record.2

[1296]*12961. The Relevant Time Period
The relevant period in this case begins on December 23, 2008, Plaintiffs alleged disability onset date (Tr. 156). Her date last insured was December 31, 2008 (Tr. 156).3 Thus, to be entitled to DIB benefits, Plaintiff bears the burden of proving that she satisfied the regulatory definition of disability as of December 31, 2008. For purposes of Plaintiffs SSI application, the relevant period extends to December 17, 2010, the date of the ALJ’s decision (Tr. 64). Medical records predating Plaintiffs December 23, 2008 alleged onset date are referenced for background purposes only.4
2. Vocational Factors and Daily Activities
Plaintiff was 50 years old on the date of the ALJ decision (Tr. 156, 64). She previously worked as a travel agent and sales representative (Tr. 29-30, 201). Although Plaintiff reported that she could pay attention for “not even” one minute, (Tr. 172), she admitted that she watched television “all the time” and “very well” (Tr. 171). She further reported that her impairments had “no effect” on her ability to care for her personal needs (Tr. 190).
3. Medical Evidence Relevant to Plaintiffs Ability to Work
Plaintiffs appeal focuses solely on whether she had non-exertional mental limitations that impacted her ability to work (Pl.’s Br. at 11-14 [DE 18]). Accordingly, the Commissioner will only address evidence related to Plaintiffs mental impairments.
Evidence related to Plaintiffs mental impairments is scant. On December 23, 2008, Plaintiff was admitted to Broward Health for suicidal ideation (Tr. 353). Plaintiff reported drinking 3-5 glasses of alcohol per day, and admitted she consumed a bottle of wine and smoked marijuana that day (Tr. 354-55, 380). Plaintiff also had a history of cocaine abuse (Tr. 307-08[,381]). Plaintiff had a depressed mood and constricted affect, but was alert and oriented, had intact memory, and an organized thought process (Tr. 354). Once Plaintiff received medication, she “began showing signs of improvement, denying suicidal ... ideation, [and] denying auditory hallucinations” (Tr. 385). By December 31, 2008, Plaintiff was noted to be “much improved” and was discharged (Tr. 385). Plaintiff did not see a mental health professional until three months after her hospital discharge. On March 24, 2009, Plaintiff visited the Florida Neuropsychiatric Institute with complaints of panic attacks and nervousness (Tr. 422). She was alert and oriented x3, but had a subdued affect and was “tense” (Tr. 422). Plaintiff was reminded to abstain from alcohol, and she was provided medication, and advised to return in one month (Tr. 422). She returned three months later on June 16, 2009, and was advised to continue her current medication regimen (Tr. 421).
In August 2009, Plaintiff tested positive for cocaine and was advised to stop using the drug (Tr. 61, 531-32).

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839 F. Supp. 2d 1291, 2012 WL 928184, 2012 U.S. Dist. LEXIS 39546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaney-everett-v-astrue-flsd-2012.