Daniels v. Berryhill

270 F. Supp. 3d 764
CourtDistrict Court, S.D. New York
DecidedSeptember 19, 2017
Docket16 Civ. 6339 (GWG)
StatusPublished
Cited by6 cases

This text of 270 F. Supp. 3d 764 (Daniels v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniels v. Berryhill, 270 F. Supp. 3d 764 (S.D.N.Y. 2017).

Opinion

[767]*767OPINION AND ORDER

GABRIEL W. GORENSTEIN, United States Magistrate Judge

■Plaintiff Rachelle R. Daniels • brought this action , seeking review of the Commissioner of Social Security’s denial of her application for disability benefits. Complaint, filed Aug. 15, 2Q16 (Docket #4) (“Compl.”), Both Daniels and the Commissioner have now cross-moved for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c).2 For the reasons [768]*768stated below, Daniels’ motion is denied and the Commissioner’s motion is granted.

I. BACKGROUND

A.Procedural History

Daniels applied for disability insurance benefits on June 24, 2009. SSA Administrative Record, filed Nov. 14, 2016 (Docket # 11) (“R.”), at 146-47. The Social Security Administration denied Daniels’ application on August 27, 2009. R. 86-90. Daniels then requested a hearing before an Administrative Law Judge (“ALJ”) to review this denial, R. 98-99, and a hearing was held on June 4, 2010, during which Daniels was represented by an attorney, R. 36-79. In a December 10, 2010, decision, the ALJ found that Daniels was not disabled. R. 16-26. Daniels sought administrative review of the ALJ’s decision on December 23, 2010, R. 32, which was denied, R. 1-3.

On July 17, 2012, Daniels brought a federal civil action against the Commissioner of Social Security seeking review. See Complaint, dated July 13, 2012 (Docket # 1 in Daniels v. Astrue, 12 Civ. 5607). By stipulation of the parties, the case was remanded to the Commissioner. See Stipulation and Order, dated June 25, 2013 (Docket # 26 in Daniels v. Astrue, 12 Civ. 5507); Judgment, dated June 27, 2013 (Docket # 27 in Daniels v. Astrue, 12 Civ. 5507). The Commissioner then remanded the case to the ALJ who had issued the disability determination. R. 831-35; R. 737.

The ALJ held a second hearing on December 13, 2013, during which Daniels was represented by an attorney. R. 737-71. In a written decision dated June 3, 2014, the ALJ found that Daniels was disabled starting on April 11, 2012, but not before that date. R. 717-30. Daniels sought Appeals Council review of this decision on July 1, 2014. R. 881. Review was denied on June 21, 2016, making the June 3, 2014, ALJ decision the Commissioner’s final disability determination, R. 707-13. Daniels brought this action on August 15, 2016, to review that decision. Compl. at 1-4.

B. Daniels’ Medical Record

Daniels and the Commissioner have each provided a summary of the relevant evidence contained in the administrative record. See Pl. Mem. at 1-16; Def. Mem. at 2-25. The Court adopts the parties’ summaries, which do not conflict in any material way, as accurate and complete for purposes of the issues raised in this suit. We note further that neither party objected to the other party’s summary of the record, and the Court’s Order of November 15, 2016, had required the parties to make any such objections. Scheduling Order, filed Nov. 15, 2016 (Docket # 12), ¶ 5.

C. The Hearing Before the ALJ

At Daniels’ 2013 hearing, the ALJ confirmed with Daniels’ attorney that the record was complete. R. 740. Daniels’ attorney then gave an opening statement summarizing Daniels’ work history, the nature of her injuries, and the status of her limitations. R. 740-43. The attorney stated that Daniels was a corrections officer for New York City who retired in October 2007 after injuring her back and right leg on March 31, 2007. R. 740-41. She then worked for a children’s home where she sustained injuries to her left hand or wrist on June 28, 2008, and September 16, 2008. R. 741-42. She got another job “providing services to our military troops,” where she was in a “facility” [769]*769as an overseer. R. 742. In 2011, she had a-partial medial meniscectomy performed on her left knee. Id.

Daniels testified that her symptoms had worsened since the last hearing before the ALJ, which was held on June 4, 2010. R. 744. Daniels had no relief from the pain in her back and knee. See R. 745. She experienced pain “[mjost of the time,” in her neck, arms, lower back, and knees. R. 748. Further, Daniels had “no use of [her] left arm most of the time,” and her left hand' was “numb half the time.” R. 751. Daniels felt weak and had trouble sleeping because of the pain. R. 751-52. A surgery performed on Daniels’ knee brought no. relief, and injections only helped for “a brief moment” lasting “[m]aybe three[ or] four days.” R. 745. Similarly, physical therapy did not help Daniels’ condition. See id. With the help of her attorney, Daniels clarified that she had had “a partial medial meniscectomy to both [her] right and [her] left kneefc].” R. 746.

In her own estimation, Daniels could only sit comfortably “[f]or about 30 to 40 minutes, before [she] start[ed] feeling a strain and irritability.” R. 752. Apparently Daniels’ treating physician said that surgery could not help this discomfort. Id. Daniels also said that she was in so much pain that she could barely walk, and would find herself limping, then “kneeling over” anytime she tried to walk long distances. See R. 752-53. Doctors diagnosed a “nerve condition” in Daniels’ fingers, which experienced “numbness and tingling.” See R. 753. Daniels also saw a physician, Dr. Na-sir, for headaches. R. 757.

Daniels attended continuing, recurrent ’ evaluative doctors’ appointments every six weeks with Drs. Cortez and 'Cabatu. See R. 755-56. Because Daniels’ knee condition worsened despite “surgeries and physical therapy, injections, all kinds of things over the years,” she had to see a new treating physician, Dr. Martin. See R. 757. In addition to these recurring problems, Daniels had a hysterectomy scheduled at the time of her hearing testimony because of “really bad” pain and discomfort from fibroids. R. 758. In order to manage the various causes of her pain, Daniels took Vicodin, which resulted in dizziness and drowsiness. See R. 763.

At the time of the hearing, Daniels was not working. R. 748-49. Daniels had worked on Rikers Island as a corrections officer, see R. 749-50, but had to stop because she was injured, R. 750. Afterward she began a job as a counselor. R. 750. Daniels testified that she lived with her ten-year-old son, who had ADHD, and that it was them “against the world,” see R. 746-47, 753-54, though at least one friend and Daniels’ other sons also helped her at times, see R. 747. Additionally, a neighbor would occasionally help with grocery shopping. R. 753. Daniels traveled to doctors’ appointments and was capable* of handling household finances. R. 754, 756. Daniels also testified about the conditions and requirements of her previous jobs. R. 759-62. Daniels is right-handed. R. 749. At the time of the hearing, Daniels had received her GED. Id.

' After completing examination of Daniels, the ALJ questioned a vocational expert (“VE”) about potential jobs available to Daniels in the national economy. The ALJ presented a hypothetical worker to the VE who had a “residual functional capacity ... to sit for 6 hours out of an 8-hour day, standing ánd walking 6 out of 8,” who could “[l]ift[ ] and carry[ ] 20 pounds occasionally, 10 pounds more frequently,” with “[o]nly occasional lower extremity push/ pull,” in a job requiring “[n]o ropes, ladders or scaffolds,” “[occasional stairs and ramps,” and “[n]o kneeling” or “crawling.” R.- 766.

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270 F. Supp. 3d 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-berryhill-nysd-2017.