Gallishaw v. Comm'r of Soc. Sec.

296 F. Supp. 3d 484
CourtDistrict Court, E.D. New York
DecidedNovember 8, 2017
Docket16–CV–2850 (WFK)
StatusPublished
Cited by5 cases

This text of 296 F. Supp. 3d 484 (Gallishaw v. Comm'r of Soc. Sec.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gallishaw v. Comm'r of Soc. Sec., 296 F. Supp. 3d 484 (E.D.N.Y. 2017).

Opinion

WILLIAM F. KUNTZ, II, United States District Judge:

William Gallishaw ("Plaintiff") brings this action pursuant to 42 U.S.C. § 405(g), seeking review of the final decision of the Acting Commissioner of the Social Security Administration (the "Commissioner") denying Plaintiff's application for Social Security Disability Insurance ("SSDI") benefits. Plaintiff challenges the determination of an Administrative Law Judge (the "ALJ") that he is not disabled within the meaning of the Social Security Act and requests that the Court vacate the Commissioner's decision and either find that Plaintiff is disabled and remand the matter solely for calculation of benefits, or, in the alternative, remand the matter for renewed administrative proceedings, including a new hearing. See Compl. at 2, ECF No. 1; Pl. Br. at 13, ECF No. 15. The Commissioner requests that the Court grant her cross-motion for judgment on the pleadings and affirm her decision that Plaintiff is not entitled to SSDI benefits. See Def. Br. at 1, 28, ECF-No. 17. For the reasons that follow, Plaintiff's motion for judgment on the pleadings is GRANTED, the Commissioner's cross-motion is DENIED, and this case is REMANDED for a determination of benefits.

BACKGROUND

Plaintiff was born on April 29, 1966, Tr. at 33-34, 158, ECF No. 6, and graduated from high school in 1984, id. at 162. After high school, Plaintiff worked first as a forklift operator for a frozen foods company and then as an unarmed driver at JFK airport, which involved loading and unloading airplanes. See id. at 34-42. From January 1999 through April 2012, he worked as a forklift operator and unloader at the Fulton Fish Market, which required him to be standing or walking for most of the day and to lift or carry 25 to 80 pounds. Id. at 36-41, 162-63. On April 25, 2012, Plaintiff was struck by a forklift at work, resulting in injuries to his left leg-including a substantial loss of skin and muscle-and lower back. Id. at 32, 42-43, 257, 286. He required a skin graft from both of his thighs to his left leg and was hospitalized for six weeks, after which he began physical therapy.

*488Id. at 43, 257. Plaintiff has not worked since the accident. Id. at 13, 34, 38, 42, 50.

A. Medical Evidence

1. Dr. Nangia

When Plaintiff's symptoms persisted several months after his hospitalization and subsequent physical therapy, he was referred to Dr. Bhim S. Nangia, a board certified neurologist, for evaluation and further treatment. Id. at 257. During Dr. Nangia's first examination of Plaintiff, on August 10, 2012, he observed that Plaintiff had pain, muscle spasms, and a restricted range of motion in his back; had swelling, scarring, below normal reflexes, diminished sensation to touch, and reduced muscle strength in his left leg; and walked with a limp. Id. at 258-60. Dr. Nangia diagnosed Plaintiff with lumbar sprain /strain, lumbar radiculitis, left leg neuralgia, and possible lumbar radiculopathy and prescribed continued physical therapy and chiropractic treatment. Id. at 260. He also requested authorization to conduct a magnetic resonance imaging ("MRI") study of Plaintiff's lumbar spine to rule out disc herniation and an electromyography /nerve conduction velocity ("EMG/NCV") study of Plaintiff's lower extremities to rule out nerve root irritation. Id.

On September 5, 2012, Dr. Nangia completed a "Medical Assessment of Ability to Do Work-Related Activities" form regarding Plaintiff's exertional limitations. Id. at 248-50. In the assessment, Dr. Nangia stated that: Plaintiff could lift and/or carry a maximum of only ten pounds, either frequently or occasionally, because "[l]ifting of greater than 101b will cause [patient's] [lower back problem] to get worse, causing increased radiation into the [left] leg" and "[h]eavy lifting will cause exacerbation of patient symptoms," id. at 248; Plaintiff could stand and/or walk for a total of less than two hours in an eight-hour workday because, "[d]ue to pain in the low back [and] the [left] leg[,] patient is unable to stand/walk for extended periods of time," id. at 249; Plaintiff could sit for a total of less than six hours in an eight-hour work day and would need to alternate sitting and standing periodically because "[c]hanging position frequently w[ould] help reduce pain [and] stiffness," id

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296 F. Supp. 3d 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallishaw-v-commr-of-soc-sec-nyed-2017.