Gorian v. Colvin

180 F. Supp. 3d 863, 2016 U.S. Dist. LEXIS 171038, 2016 WL 2955973
CourtDistrict Court, D. New Mexico
DecidedMarch 29, 2016
DocketCiv. No. 14-874 SCY
StatusPublished
Cited by11 cases

This text of 180 F. Supp. 3d 863 (Gorian v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gorian v. Colvin, 180 F. Supp. 3d 863, 2016 U.S. Dist. LEXIS 171038, 2016 WL 2955973 (D.N.M. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

STEVEN C. YARBROUGH, UNITED STATES MAGISTRATE JUDGE

THIS MATTER is before the Court ón Plaintiff Viliam Gorian’s Motion to Reverse and Remand the Social Security Administration (SSA) Commissioner’s decision to deny Plaintiff disability insurance benefits. ECF No. 15. Having considered the parties’ briefing, the administrative record, the relevant law, and being otherwise fully advised, the Court finds Plaintiffs arguments in favor of reversal unpersuasive and will, therefore, deny Plaintiffs motion.

I. Background

A. Plaintiff’s Medical History

Plaintiff Viliam Gorian is a 55 year old man who alleges disability based on Hepatitis C, joint pain, chronic fatigue, depression, and anxiety. Administrative Record (“AR”) 70. Plaintiff has suffered from Hepatitis C for - over twenty years. AR 384.1 Plaintiff also has Lyme disease, having tested positive for this disease in 2007. AR 379."

Plaintiff was first treated by Dr. Elizabeth DePirro Ward, M.D., on October 7, 2008. AR 296-98. Dr. Ward found that Plaintiff was emotionally labile, and that he had a history of Hepatitis C and Lyme disease. AR 296. Plaintiff again saw Dr. Ward on November 11, 2008 in connection with complaints of anxiety. AR 299-301. At that time, Dr. Ward noted that Plaintiffs psychiatric condition appeared normal. AR 300. Plaintiff reported that Lex-apro, which he was taking for anxiety, was causing him joint pain. AR 299. When Dr. Ward saw Plaintiff on January 7, 2009, Plaintiff stated he had sleep disturbances; Dr. Ward diagnosed him with primary insomnia, noting that his anxiety appeared stable on Lexapro. AR 302-04. On March 12, 2009, Dr. Ward noted that Plaintiff appeared “poorly developed ... poorly nourished ... [and] distressed.” [866]*866AR 306. On May 27, 2009, Plaintiff was seen by Nora Sanchez, CFNP, and he reported weight loss, ostensibly due to greater activity levels, but increased fatigue due to his hepatitis. AR 310. On October 23, 2009, Plaintiff again saw Dr. Ward for a follow-up visit regarding his cirrhosis. During this visit, he reported worsening fatigue and significant back pain, as well as continuing anxiety and “brain fog.” AR 311, 313, 417. An X-ray of his spine revealed no abnormalities. AR 313, 323.

Plaintiff also has a history of reported right shoulder pain. See, e.g., AR 346-8, 360, 363, 380. Plaintiff received orthopedic treatment from Dr. Kevin McGee, M.D. AR 332. On January 7, 2011, Dr. McGee examined Plaintiff and diagnosed him with a sprain/strain and possibly a slap .tear in his right shoulder, as well as subacromial impingement syndrome in both shoulders. AR 334-35. Dr. McGee treated the right shoulder with a subacromial steroid injection and recommended physical therapy. AR 332. At a follow-up appointment on February 17, 2011, Plaintiff reported that the subacromial steroid injection to his right shoulder had been very effective in easing his pain, and Dr. McGee observed that Plaintiff had full range of motion in both shoulders with normal rotator cuff strength. AR 332.

On October 27, 2011, Plaintiff was seen by Dr. Tamara Hudson, M.D. for a lesion on his head. AR 441. On December 6, 2011, Plaintiff again saw Dr. Hudson, who examined him and found that he had “osteoarthritis of multiple sites.” AR 424. On January 5, 2012, Dr. Hudson treated Plaintiff for De Quervain’s tenosynovitis in his right thumb. AR 426. On September 13, 2012, Plaintiff saw Dr. Hudson for back pain; on examination, Dr. Hudson noted that Plaintiffs lower back “exhibited tenderness on palpation of the left .paraspinal region” and stated that she would treat the pain with a short steroid course that was usually helpful. AR 447-48.

In December 2011, Plaintiff received a mental disability evaluation from Amy De-Bernardi, Psy.D. AR 386-89. She noted that Plaintiffs general appearance was normal and he was cooperative, with no evidence of malingering or deceptive behavior. AR 387. Dr. DeBernardi diagnosed Plaintiff with depressive disorder and assessed him with a GAF score of 55, noting that his prognosis was fair and his depression was responsive to medical therapy. AR 389. With regard to his ability to function, she stated that “It]he claimant struggles to manage frustration. This may interfere with his ability to take direction from a supervisor and interact appropriately with coworkers. He will likely have difficulty persisting through an average workday due to fatigue. He is also likely to experience challenges in an environment that requires physical activity.” AR 389.

On January 10, 2012, Dr, Paul Cherry, Ph.D. performed a psychiatric review of Plaintiff, AR 390-98. He found that Plaintiff had depressive disorder NOS and anxiety, with mild difficulties in maintaining social functioning. AR 393-94, 398. This review was confirmed by Dr. Sadovnik on March 5, 2012. AR 74.

On January 7, 2012, Dr, Erika Garcia performed a disability determination examination on Plaintiff. AR 402-04. She noted that Plaintiffs extremities were largely normal, although Plaintiff had decreased flexion in his right thumb and decreased range of motion on the right shoulder. AR 404. Specifically, she found “[o]n the right shoulder he had decreased abduction of about 40 degrees. He had a normal forward elevation, backward elevation, internal and external rotation. The [867]*867left side was within normal limits.”- AR 404. •

On January 20, 2012, Dr. Nancy Armstrong performed a physical residual functional capacity assessment and determined that Plaintiff “has a long history of intermittent, recurrent shoulder pain, with resultant mild functional limitations” finding that he could occasionally lift 50, and frequently lift 25 pounds, sit or stand for 6 hours in an 8 hour workday, and otherwise had no limitations, including manipulative limitations. AR 406-10.

On March 5, 2012, Dr. Jessy Sadovnik, Psy.D., performed a psychiatric residual functional capacity assessment of Plaintiff, finding that Plaintiffs mental health issues appeared to be related to his physical limitations and she affirmed Dr. Cherry’s findings. AR 75-76.

On March 14, 2012, Dr. Allen Gelinas, M.D., provided a physical residual functional capacity assessment and opined that “[t]he [Claimant] appears capable of medium exertional work as indicated in the initial RFC with the added manipulative limitations indicated in RFC at reconsideration].” AR 78. This additional manipulative limitations referred to Dr. Gelinas’ finding that Plaintiffs ability to reach in any direction, including overhead, was limited to only frequently. AR 77.

B. Procedural History

Plaintiff filed his Title II application for disability insurance benefits on October 1, 2011. AR 21. His claims were denied on January 20, 2012 and his request for reconsideration was denied on March 23, 2012. Id. Plaintiff requested a hearing on March 27, 2012. Id. A hearing was held on February 6, 2013. Id. The ALJ issued his decision denying Plaintiff’s request for benefits on June 3, 2013. AR 21-30. The Appeals Council denied Plaintiffs appeal of the ALJ’s decision on July 24, 2014. AR 1.

II. Applicable Law

A. Disability Determination Process

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Bluebook (online)
180 F. Supp. 3d 863, 2016 U.S. Dist. LEXIS 171038, 2016 WL 2955973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorian-v-colvin-nmd-2016.