Gonzalez v. Berryhill

340 F. Supp. 3d 424
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 27, 2018
DocketCiv. No. 16-1878
StatusPublished

This text of 340 F. Supp. 3d 424 (Gonzalez v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. Berryhill, 340 F. Supp. 3d 424 (E.D. Pa. 2018).

Opinion

Paul S. Diamond, J.

On April 21, 2016, Plaintiff filed this action for review of the Social Security Administration's denial of his application for disability benefits for all dates prior to July 10, 2015. (Doc. No. 3.) On January 17, 2018, Magistrate Judge Jacob P. Hart issued a Report and Recommendation, advising me to enter partial Judgment in Plaintiff's favor and remand the matter to the Commissioner for a hearing on the independent medical expert's answers to post-hearing interrogatories. (Doc. No. 27.)

*427Plaintiff objects, asking me simply to reverse the ALJ's decision and award disability benefits back-dated to October 17, 2009. (Doc. No. 29.) I will sustain Plaintiff's objections in part and adopt Judge Hart's Report and Recommendation in part.

I. LEGAL STANDARDS

In reviewing the ALJ's decision to deny benefits, I am bound by the ALJ's factual determinations, if they are supported by substantial evidence. 42 U.S.C. § 405(g). "Substantial evidence 'does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.' " Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999) (quoting Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988) ). "The presence of evidence in the record that supports a contrary conclusion does not undermine the Commissioner's decision so long as the record provides substantial support for that decision." Malloy v. Comm'r of Soc. Sec., 306 F. App'x 761, 764 (3d Cir. 2009). I review de novo the ALJ's rulings of law. Krysztoforski v. Chater, 55 F.3d 857, 858 (3d Cir. 1995).

I must review de novo those portions of the Report and Recommendation to which objections are made. 28 U.S.C. § 636(b)(1) ; Brown v. Astrue, 649 F.3d 193, 195 (3d Cir. 2011). I may "accept, reject, or modify, in whole or in part, [the Magistrate Judge's] findings and recommendations." 28 U.S.C. § 636(b)(1).

II. PROCEDURAL HISTORY

On March 12, 2010, Plaintiff filed his third Application for Supplemental Social Security Benefits, alleging that his various impairments, including bipolar disorder, insomnia, depression, Hepatitis C, degenerative disc disease, and severe fatigue, have made him disabled since October 17, 2009. (R. 171-74, Doc. No. 8-5; Pl.'s Brief & Stat. Issues 2, Doc. No. 14.)

On June 11, 2012, Administrative Law Judge Susan A. Flynn denied Plaintiff's application. (R. 8-26, Doc. No. 8-2.) On November 19, 2013, Plaintiff filed an action in this Court challenging that denial. (Compl., Doc. No. 3; Gonzalez v. Colvin, No. 13-6714 (E.D. Pa Nov. 20, 2013).) On January 26, 2015, Judge Restrepo (then of this Court) ruled that: (1) the ALJ's erroneous failure to address record evidence of Plaintiff's Hepatitis C was not harmless because "there is evidence in the record of symptoms that could be caused by hepatitis C"; and (2) the ALJ erred in failing to address "the extensive evidence of Plaintiff's sleep difficulties contained in Plaintiff's treatment notes." (Order ¶¶ 4, 7, Doc. No. 31, Gonzalez v. Colvin, No. 13-6714, 2015 WL 1501624 (E.D. Pa. Jan. 26, 2015).) Judge Restrepo entered partial Judgment for Plaintiff and remanded to the Commissioner. (Judgment, Doc. No. 32, Gonzalez v. Colvin, No. 13-6714, 2015 WL 1501624 (E.D. Pa. Jan. 26, 2015).)

On remand, Plaintiff's application was adjudicated by ALJ Paula Garrety. After an October 21, 2015 hearing, the ALJ sent interrogatories to an "impartial medical expert," Dr. Robert Sklaroff (an oncologist), to explain how notations of "abnormal iron saturation" and "elevated ferritin" in Plaintiff's medical records could affect Plaintiff's ability to function. (R. 852-95, Doc. No. 8-17; R. 1530-38, Doc. No. 8-27.) On December 9, 2015, the ALJ denied as untimely Plaintiff's request for a hearing on Dr. Sklaroff's post-hearing interrogatory responses. (R. 1104, Doc. No. 8-20; R. 1207, Doc. No. 8-22.) On January 7, 2016, the ALJ granted Plaintiff's application in part, ruling that Plaintiff became disabled on July 10, 2015 and suffered from the following severe impairments: "Depressive *428Disorder ; Anxiety Disorder; Chronic Hepatitis C ; and degenerative disc disease involving the lumbar spine." (R. 832-51.) Judge Garrety thus rejected Plaintiff's alleged onset date of October 17, 2009. (Id. at 836.)

On April 20, 2016, Plaintiff filed this action challenging the ALJ's disability onset date determination. (Compl., Doc. No. 3.) Plaintiff argues that the ALJ: (1) erred in finding that Plaintiff's disability did not arise before July 10, 2015; (2) erred in rejecting the opinion of treating physician Dr. Vishal Patel that Plaintiff suffers from severe fatigue caused by Hepatitis C ; and (3) violated due process by denying Plaintiff's request for a hearing on Dr. Sklaroff's interrogatory responses. (Pl.'s Brief & Stat. Issues, Doc. No. 14.)

On December 12, 2016, the Commissioner conceded that the ALJ violated Plaintiff's due process rights by denying his hearing request, and moved for remand. (Mot. Remand, Doc. No. 15.) Plaintiff opposed remand, arguing that: (1) the record is fully developed and demonstrates that he is entitled to benefits as of October 17, 2009; and (2) remand would unnecessarily delay his award. (Pl.'s Resp. ¶¶ 6-8, Doc. No.

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Related

Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Brown v. Astrue
649 F.3d 193 (Third Circuit, 2011)
Kacee Chandler v. Commissioner Social Security
667 F.3d 356 (Third Circuit, 2011)
Jaron Breen v. Commissioner Social Security
504 F. App'x 96 (Third Circuit, 2012)
Roseann Zirnsak v. Commissioner Social Security
777 F.3d 607 (Third Circuit, 2014)
Malloy v. Commissioner of Social Security.
306 F. App'x 761 (Third Circuit, 2009)
Podedworny v. Harris
745 F.2d 210 (Third Circuit, 1984)

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Bluebook (online)
340 F. Supp. 3d 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-berryhill-paed-2018.