DelValle v. Apfel

97 F. Supp. 2d 215, 1999 U.S. Dist. LEXIS 21807, 1999 WL 1863906
CourtDistrict Court, D. Connecticut
DecidedSeptember 21, 1999
DocketNo. 3:97CV2234 (AWT)
StatusPublished
Cited by3 cases

This text of 97 F. Supp. 2d 215 (DelValle v. Apfel) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DelValle v. Apfel, 97 F. Supp. 2d 215, 1999 U.S. Dist. LEXIS 21807, 1999 WL 1863906 (D. Conn. 1999).

Opinion

ENDORSEMENT ORDER

THOMPSON, District Judge.

Upon review and pursuant to 28 U.S.C. § 636(b) and Rule 2 of the Local Rules for United States Magistrate Judges (D.Conn.), Magistrate Judge Martinez’s recommended ruling on pending motions [doc. # 14] is hereby ACCEPTED.

SO ORDERED.

RECOMMENDED RULING ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S MOTION FOR ORDER AFFIRMING THE DECISION OF THE COMMISSIONER

MARTINEZ, United Staes Magistrate Judge.

The plaintiff, John DelValle, filed this action seeking review, pursuant to 42 U.S.C. § 405(g), of the decision of the Commissioner denying his claim for disability benefits under the Social Security [216]*216Act. Pending before this court are the Plaintiffs Motion for Summary Judgment and the Defendant’s Motion for Order Affirming the Decision of the Commissioner. The court recommends that the plaintiffs motion (doc. # 8) be GRANTED and the defendant’s motion (doc. # 11) be DENIED.

I. PROCEDURAL HISTORY

On March 14, 1993, the plaintiff filed an application for disability benefits, claiming that he was disabled as of August 2, 1991 due to a heart condition and back pain. (R.1 at 49.) His application for benefits was denied on August 18, 1993. (R. at 53.) In response to the plaintiffs request for reconsideration dated September 2, 1993, the defendant issued a notice of reconsideration on December 27, 1999 upholding the denial of benefits. Subsequently, the plaintiff filed a request for a hearing. A hearing was held on May 19, 1995 before an administrative law judge (“ALJ”). (R. at 12-25.) Later, the plaintiff submitted new evidence in support of his claim and requested that the Appeals Council review the denial of his claim. (R. at 10.) The Appeals Council upheld the denial of his claim, concluding that the ALJ’s decision was proper and that the additional evidence failed to provide a basis for changing the ALJ’s decision. (R. at 6.) The plaintiff now appeals from the decision of the Appeals Council.

II. BACKGROUND

A. The Plaintiffs Testimony

The plaintiff testified2 that he was born on June 3, 1947 and has an eighth grade education. (R. at 49.) Prior to 1991, he was employed as a machine operator. (R. at 49.) As a machine operator, he was required to operate machinery and equipment, constantly stand and bend, frequently reach, occasionally sit and walk, and lift up to fifty pounds. (R. at 20.) The plaintiff last worked on August 21, 1991.

The plaintiff went on to say that:

he left employment in 1991 because of a heart attack. He returned to work for about one week, but experienced chest pain, back pain, headaches, and dizziness ... He alleged that he had pain constantly and it often spread through his back, neck, arms, and hands ... He also described episodes of shortness of breath while in bed, sitting down and arising from either position. As for his back pain, [the plaintiff] stated he had muscle spasms in his back, legs, shoulders, and arms for many years. In addition, [he] experiences a sensation of pins and needles in his knees, shoulders, mid back, and stomach, particularly when sitting or standing for a prolonged period. Lastly, [the plaintiff] testified that he is depressed and feels his condition is worsening.... He alleges that Dr. Carbone at Bridgeport Community Health Center discussed the possibility of back surgery to remove a tumor ...

(R. at 18.)

[The plaintiff] further testified about his functional abilities as being limited daily according to how he feels. Activity tends to intensify his discomfort and he was directed by his doctor about ten to twelve years ago not to exercise. Presently, he is able to walk, but after about five minutes a burning sensation develops in his chest. Whether he can lift depends on from what height. In a comfortable seat, [the plaintiff] explained that he could sit for one-half [217]*217hour and between ten and fifteen minutes in a hard seat. Furthermore, since his stroke, [the plaintiff] claims that he has had memory problems, both short term and long term.

(R. at 19.)

[The plaintiff] testified that on a daily basis he experiences problems sleeping ... but has refused his doctor’s recommendation to take medication. His daily activities include cooking, doing laundry, cleaning, shopping, visiting with friends, and going to church... [The plaintiff] continues to drive and has no problems caring for his personal needs. He even stated in a disability report that during visits with friends they occasionally take walks.

B. Medical Expert’s Testimony

The ALJ next heard testimony from a medical expert,3 Dr. George Kiss, who testified as to the plaintiffs medical condition. (R. at 33.) Dr. Kiss testified that the plaintiff suffers from ischemic heart disease, a condition which is found in 4.04C of the Listing.4 Dr. Ki The plaintiff testified that § testified that the plaintiff had a 100% blockage of the left anterior descending (“LAD”) artery, which exceeded the percentage required for a finding of disability in accordance with 4.04C. (R. at 36.) In response to questioning by the ALJ as to whether the medical evidence demonstrated whether the plaintiffs condition met the criteria of 4.04C, Dr. Kiss responded, “I think as listed here the criteria were ... met.” (R. at 36.)

Dr. Kiss next addressed the plaintiffs spinal condition. Dr. Kiss testified that the record was lacking in clinical evidence. (R. at 39-40.) He did note, however, that the plaintiff had a history of low back pain and that a diagnostic imaging report in his records revealed a significant abnormality. (R. at 40.) He noted that the records revealed disc herniation with intraspace narrowing. (R. at 41.) He was unable to interpret the MRI film that was in the records, but nevertheless guessed that it might reveal the presence of a tumor and that the condition could very well be painful. (R. at 41.) He also stated that, before he could render his medical opinion as to whether the plaintiffs back condition rendered him disabled, “[w]hat we would need would be a good examination documentation, examination and impression and recommendations.” (R. at 40.)

C. The Medical Records

The plaintiffs medical records reveal that in or about 1984, he was diagnosed with severe coronary disease and underwent catheritization. (R. at 137-38.) He [218]*218had a totally occluded LAD with collateral filling. (R. at 137-38.) Between 1989 and 1991, he suffered a large anterior wall myocardial infarction and a stroke. (R. at 137.) On July 29,1989, he was admitted to Beth Israel Hospital in Passaic, New Jersey complaining of the sudden onset of weakness on the left side of his face and left upper extremity. He was diagnosed with a right temporal lobe infarction and coronary artery disease. The records note an old myocardial infarction. (R. at 486-87.) He was treated and discharged on August 11, 1989 in stable condition.

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Bluebook (online)
97 F. Supp. 2d 215, 1999 U.S. Dist. LEXIS 21807, 1999 WL 1863906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delvalle-v-apfel-ctd-1999.