Ethridge v. Astrue

870 F. Supp. 2d 426, 2012 U.S. Dist. LEXIS 90932, 2012 WL 2522586
CourtDistrict Court, E.D. North Carolina
DecidedMay 16, 2012
DocketNo. 4:11-CV-93-BO
StatusPublished

This text of 870 F. Supp. 2d 426 (Ethridge v. Astrue) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ethridge v. Astrue, 870 F. Supp. 2d 426, 2012 U.S. Dist. LEXIS 90932, 2012 WL 2522586 (E.D.N.C. 2012).

Opinion

ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on cross-Motions for Judgment on the Pleadings. A hearing was held on these matters before the undersigned on May 9, 2012. For the reasons discussed below, the decision of the Administrative Law Judge is reversed.

BACKGROUND

Plaintiff brought this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for review of the final decision of the Commissioner denying her claim for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) disability payments pursuant to Titles II and XVI of the Social Security Act.

Plaintiff protectively filed for DIB and SSI on November 16, 2007, alleging disability since July 29, 2007. Her claims were denied initially and on reconsideration. On March 24, 2010, an Administrative Law Judge (ALJ) held a video hearing at which Plaintiff, her counsel, and a vocational expert (VE) appeared. After considering the claim de novo, the ALJ issued a decision on May 28, 2010, finding that Plaintiff was not disabled. The decision of the ALJ became the final decision of the Commissioner when the Appeals Council denied Plaintiff’s request for review on April 28, 2011. Plaintiff then timely sought review of the Commissioner’s decision in this Court.

DISCUSSION

Under the Social Security Act, this Court’s review of the Commissioner’s decision is limited to determining whether the decision, as a whole, is supported by substantial evidence and whether the Commissioner employed the correct legal standard. 42 U.S.C. § 405(g); see Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir.1990). Substantial evidence consists of more than a mere scintilla of evidence, but may be less than a preponderance of evidence. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). The Court must not substitute its judgment for that of the Commissioner if the Commissioner’s decision is supported by substantial evidence. Hays, 907 F.2d at 1456.

In evaluating whether a claimant is disabled, an ALJ uses a multi-step process. First, a claimant must not be able to work in a substantial gainful activity. 20 C.F.R. § 404.1520. Second, a claimant must have a severe impairment that significantly lim[428]*428its his or her physical or mental ability to do basic work activities. Id. Third, to be found disabled, without considering a claimant’s age, education, and work experience, a claimant’s impairment must be of sufficient duration and must either meet or equal an impairment listed by the regulations. Id. Fourth, in the alternative, a claimant may be disabled if his or her impairment prevents the claimant from doing past relevant work and, fifth, if the impairment prevents the claimant from doing other work. Id.

After finding that Plaintiff met the insured status requirements and that she had not engaged in any substantial gainful activity since her alleged onset date at step one, the ALJ determined that Plaintiff had the following severe impairments; status post multiple injuries from a motor vehicle accident, obesity, optic atrophy on the right, depression, and post traumatic stress disorder. The ALJ went on to find that Plaintiff did not have an impairment or combination of impairments that met or equaled a listing at step 3, and found that Plaintiff had a residual functional capacity (RFC) to perform light work with the following limitations: a sit-stand option, occasional climbing and balancing, the need to avoid concentrated exposure to hazards, frequent overhead reaching with the right upper extremity, and perform simple work with occasional or superficial interaction with other employees, supervisors, and the public. At step four, the ALJ found that Plaintiff could not perform her past relevant work, but found at step five that, considering Plaintiffs age, education, work experience and RFC, jobs existed in significant numbers in the national economy that Plaintiff could perform. Accordingly, the ALJ found that Plaintiff was not disabled for the period of July 29, 2007, through May 28, 2010.

Plaintiff contends that the ALJ’s decision is not supported by substantial evidence. Plaintiff was involved in a serious motor vehicle accident in July 2007 that resulted in multiple injuries including hip dislocation, sacral fracture, 'liver laceration, adrenal hematoma, transverse process fractures, and permanent vision loss in the right eye. Clearly the Commissioner does not contend that in the weeks and even months following the accident Plaintiff was able to return to work, but the Commissioner supports the decision of the ALJ who found that Plaintiffs condition had improved with time and thus found her not disabled.

The substantial evidence in the record, however, instead supports a finding to the contrary. In 2008, more than a year after the accident, the medical records indicate that Plaintiffs neck and low back pain and headaches were plaguing her. Tr. at 739. An MRI then revealed lumbar-sacral disc rupture and impingement on the nerve root. Tr. at 740. As recently as March 2009 Plaintiffs physician noted that Plaintiff continued to experience chronic pain since the motor vehicle accident. Tr. at 754. At that time Plaintiff was continuing to take a myriad of prescription medications for pain, including methadone and percocet. In June 2009, the medical records note that Plaintiff was continuing to take pain medication and Dr. Lovette again listed diagnoses and impressions of chronic pain due to trauma, lumbar radiculopathy, neck pain, and Arnold-Chiari malformation. Tr. at 786. While some of the more recent medical records note that the multiple sources of pain are controlled, the diagnoses and impressions listed above remain consistent, indicating that Plaintiff continued to suffer from chronic pain as a result of her injuries and required powerful prescription medications to control her pain.

Further, there is nothing in the treatment notes to indicate that Plaintiffs pain [429]*429would continue to be controlled were she to increase her daily activities. Plaintiff testified at the hearing before the ALJ that since the accident she has been unable to work, she requires assistance to dress, and her daily routine includes multiple rest breaks and very little physical activity.1 Tr. at 33-34. The ALJ does not point to any objective findings in the record to support a contention that were Plaintiff to return to work her pain would continue to be controlled.

In addition to her physical symptoms, Plaintiff also suffered serious mental and emotional symptoms as a result of the trauma. In 2007 and 2008 Plaintiff was diagnosed with anxiety, depression, and post traumatic stress disorder (PTSD) and was noted to have memory loss and a Global Assessment of Functioning (GAF) score of 40%. Tr. at 621; 651.

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870 F. Supp. 2d 426, 2012 U.S. Dist. LEXIS 90932, 2012 WL 2522586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ethridge-v-astrue-nced-2012.