Chaparro v. Massanari

190 F. Supp. 2d 260, 2002 WL 373050
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 25, 2002
DocketCivil 99-2040 (JAG)
StatusPublished

This text of 190 F. Supp. 2d 260 (Chaparro v. Massanari) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaparro v. Massanari, 190 F. Supp. 2d 260, 2002 WL 373050 (prd 2002).

Opinion

OPINION AND ORDER

GARCIA-GRE GORY, District Judge.

Plaintiff Brunilda Chaparro (“Chapar-ro”) brought suit under Section 205(g) of the Social Security Act (the “Act”), as amended, 42 U.S.C.A. § 405(g), seeking review of the final decision of the Commissioner of Social Security (“Commissioner”) denying her application for a period of disability and disability insurance benefits. On August 28, 2001, Magistrate Judge Jus-to Arenas issued a Report and Recommendation (Docket No. 14) recommending that the Commissioner’s final decision be affirmed and this action be dismissed. Upon review of Chaparro’s objections, the Court finds that the Magistrate Judge’s Report and Recommendation should be upheld. Accordingly, the Court adopts the Report and Recommendation, and dismisses Cha-parro’s Complaint.

FACTUAL BACKGROUND

On August 27, 1997, the Administrative Law Judge (“ALJ”) rendered a final decision denying Chaparro’s application for a period of disability and Social Security disability insurance benefits. On December 21, 1998, Chaparro submitted additional evidence before the Appeals Council, including a psychiatric evaluation performed by Dr. Emilio Pagan Gordils as a result of interviews with Chaparro. (Report and Recommendation, Docket No. 14, at 4.) The Appeals Council concluded that the additional evidence presented by Chaparro did not provide a basis for reversing the ALJ’s ruling. Id. On September 15, 1999, Chaparro filed a petition seeking judicial review of the Commissioner’s final decision. (Docket No. 1.)

On August 28, 2001, Magistrate Judge Arenas issued a Report and Recommendation, recommending that the Court affirm the Commissioner’s decision and dismiss the action. The Magistrate Judge considered Chaparro’s allegation “that the [ALJ] failed to consider [Chaparro’s] combination of impairments in determining that she could return to her previous employment in management.” Id. at 3. Moreover, the Magistrate Judge considered Chaparro’s contention that the ALJ, and particularly the Appeals Council, had “failed to adequately consider her deteriorated mental capacity as already established by the treating source, and also failed to give the treating source controlling weight.” Id.

Still, the Magistrate Judge found Cha-parro’s arguments wanting. He first pointed to long-standing First Circuit precedent to hold that “the opinions of treating physicians [were] not entitled to greater weight merely because they [were] treating physicians,” and therefore the ALJ was not required to give the opinions controlling weight. Id. at 4. The Magistrate Judge then noted that the main issue *262 raised in Chaparro’s petition involved her mental condition and the information received by the Appeals Council. Id. The Magistrate Judge held that the ALJ’s analysis as to mental condition and pain comported with statutory and First Circuit authorities establishing the guidelines for allegations of disabling pain. Id. The Magistrate Judge held that the medical report submitted to the Appeals Council did not provide enough objective evidence to support a finding that Chaparro was disabled during the period being considered (on or before August 27,1997). Id. at 4-5.

The Magistrate Judge concluded that the ALJ’s proffered rationale for its decision was “comprehensive,” and that he could not find that the final decision failed to comply with the requirements of the substantial evidence rule. Accordingly, finding no good cause to remand, the Magistrate Judge recommended that the Court affirm the Commissioner’s final decision. Id. at 6.

Chaparro filed its Objections on October 1, 2001. (Docket No. 17.)

DISCUSSION

In accordance with the Social Security Act, “[a]ny individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision. ...” 42 U.S.C.A. § 405(g). Because the Social Security Administration decision from which Chaparro seeks relief was a final decision, the Court may properly exercise jurisdiction over this action.

“The [district] court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary....” 42 U.S.C.A. § 405(g). The Court’s role in reviewing the decisions of the Secretary of Health and Human Services is limited, however, for even though it reviews questions of law de novo, it evaluates questions of fact under a substantial evidence standard. See Ortiz v. Secretary of HHS, 955 F.2d 765, 769 (1st Cir.1991); Falu v. Secretary of HHS, 703 F.2d 24, 28 (1st Cir.1983); Rodriguez v. Secretary of HHS, 647 F.2d 218, 222 (1st Cir.1981). Therefore, the Court “must uphold a denial of social security disability benefits unless ‘the Secretary has committed a legal or factual error in evaluating a particular claim.’ ” Manso-Pizarro v. Secretary of HHS, 76 F.3d 15, 16 (1st Cir.1996) (citing Sullivan v. Hudson, 490 U.S. 877, 885, 109 S.Ct. 2248, 104 L.Ed.2d 941 (1989)).

The term “substantial evidence” has been defined as “more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). Furthermore, the determination of substantiality must be made upon an evaluation of the record as a whole. Ortiz, 955 F.2d at 769. In reviewing the record, the Court must avoid reinterpreting the evidence or otherwise substituting its own judgment for that of the Secretary. Colon v. Secretary of HHS, 877 F.2d 148, 153 (1st Cir.1989). The Court need not perform the initial evaluation of the petition itself; instead, it may refer the matter to a United States Magistrate Judge for a Report and Recommendation. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b).

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190 F. Supp. 2d 260, 2002 WL 373050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaparro-v-massanari-prd-2002.