Grady v. Astrue

894 F. Supp. 2d 131, 2012 WL 4480739, 2012 U.S. Dist. LEXIS 140085
CourtDistrict Court, D. Massachusetts
DecidedSeptember 28, 2012
DocketC.A. No. 11-cv-30068-MAP
StatusPublished
Cited by8 cases

This text of 894 F. Supp. 2d 131 (Grady v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grady v. Astrue, 894 F. Supp. 2d 131, 2012 WL 4480739, 2012 U.S. Dist. LEXIS 140085 (D. Mass. 2012).

Opinion

MEMORANDUM AND ORDER REGARDING PLAINTIFF’S MOTION TO REVERSE OR REMAND THE DECISION OF THE COMMISSIONER AND DEFENDANT’S MOTION FOR ORDER AFFIRMING THE DECISION OF THE COMMISSIONER (Dkt. Nos. 8 & 11)

PONSOR, District Judge.

I. INTRODUCTION

This action seeks review of a final decision of the Commissioner of Social Security (“Commissioner”) denying Plaintiffs applications for disability insurance benefits (“DIB”), Supplemental Security Income (“SSI”), and Child’s Insurance Benefits. Plaintiff filed his applications on October 15, 2008, alleging disability since October 2, 2002, due to neck and shoulder pain, as well as depression. All applications were denied initially and upon reconsideration. After a hearing on September 21, 2010, the Administrative Law Judge (“ALJ”) found that Plaintiff was not disabled and denied Plaintiffs claims.1 (A.R. [134]*13426-36.) The Decision Review Board did not complete its review of the ALJ’s decision within ninety days, thereby making the decision final. Plaintiff filed this complaint on March 17, 2011.

Plaintiff now moves to reverse or remand the case to the Commissioner for reconsideration (Dkt. No. 8), and Defendant moves for an order affirming the ■ decision of the Commissioner (Dkt. No. 11). As will be seen, there are certain features of this review process that have given the court concern. In the end, however, Plaintiff has been unable to carry his burden to show that the ALJ’s decision was unsupported by “substantial evidence.” For that reason, Plaintiffs motion will be denied, and Defendant’s motion will be allowed.

II. FACTS

At the time of the ALJ’s decision, Plaintiff was twenty-eight years old and homeless. He had completed tenth grade in high school and previously worked as a laborer. (A.R. 188.)

A. Physical Conditions.

Plaintiff first injured his neck while wrestling when he was a teenager.2 (A.R. 350.) On September 24, 2006, a cervical MRI revealed significant reversal of normal cervical lordosis with congenital spinal canal narrowing, a focal left-sided disc osteophyte complex at C7-T1, and small broader disc osteophyte complexes at C5-C6 and C6-C7. (A.R. 324-24.) A thoracic. MRI taken the same day demonstrated normal alignment and signal intensity.

On October 4, 2007, Plaintiff visited Dr. Muhammad Isa for a pain management consult. At the time, Plaintiff was twenty-five years old, and he reported that he had been suffering for the previous two years with chronic pain in his left upper back and shoulder. (A.R. 290.) Dr. Isa observed that Plaintiff had no discomfort while sitting in a chair, no sensory deficits, no signs of musculoskeletal wasting or atrophy, and no loss of range of motion of lumbosacral spine or cervical spine. The doctor did note that Plaintiff had increased pain on turning toward the left side and during left lateral bending. Also, “[t]enderness was appreciated over the left paracervical muscles and left suprascapular muscles and just medial to the left scapula in his upper back.” (A.R. 291.) Dr. Isa found the examination to be indicative of myofascial pain syndrome, noting the findings from Plaintiffs cervical MRI.

On January 15, 2008, Plaintiff sought a comprehensive physical examination required by the Carpenters’ Union. The medical provider who conducted the exam cleared Plaintiff for employment and noted that his neck pain was “improved.” (A.R. 266.)

On May 21, 2008, Plaintiff saw Dr. Barry Poret, a state agency doctor, for a disability review. In examining Plaintiff, Dr. Poret noted full range of motion in flexion, extension, turning, and tilt, though a right tilt resulted in a grimace of pain. Dr. Poret found Plaintiffs neck pain to be of “unclear etiology that is either muscular or psychogenic.” (A.R. 256.) Additionally, he opined that Plaintiff likely did have [135]*135attention deficit disorder (“ADD”) based on his vague and distractible affect during the exam.

On October 15, 2008, Plaintiff underwent a cervical spine X-ray that revealed a prominent reversal of the upper cervical spine, with no accompanying compression fracture or malalignment. The film did show a slight narrowing of the C2-C3 disc space and a foraminal narrowing. (A.R. 280.) Two weeks later, on October 27, 2008, a cervical MRI revealed three broad bulges that mildly or moderately narrowed the spinal canal, and the doctor concluded that Plaintiff had multilevel disc disease with focal effacement of the cord on the right side at C6-C7. (A.R. 304-05.)

On January 16, 2009, Plaintiff sought an orthopaedic consultation regarding his neck pain. Plaintiff reported to the doctor that he had tingling in his hands, especially after sleeping at night, but he had no bladder or bowel dysfunction or numbness in the lower extremities. Additionally, Plaintiff stated that working above shoulder level caused him pain. The doctor’s physical exam noted limitation of motion and flexion in the neck, some mild muscle spasm, and positive Spurling’s sign bilaterally,3 along with full muscle strength in all major muscle groups and equal and symmetrical reflexes. (A.R. 350.) Finally, the doctor assessed “[rjather profound degenerative arthritis” in Plaintiffs neck “with evidence of neuroforaminal encroachment and also cord effacement secondary to osteophyte formation” from the arthritis. (A.R. 349.) The doctor recommended an aggressive program of neck rehabilitation therapy.

B. Mental Conditions.

On March 10, 2008, Plaintiff received a diagnostic evaluation from Dr. Amy Barnard, of Clinical Support Options. As part of Plaintiffs history, the doctor noted that he had taken Ritalin as a child but otherwise had no psychiatric history or other medications. Plaintiff sought care because of complaints of depression, anxiety, panic attacks with agoraphobia, and some hallucinations. However, Plaintiff did not report nightmares, flashbacks, or any problems sleeping. (A.R. 345.)

During this exam, the doctor observed Plaintiff to be pleasant, calm, cooperative, though a bit tired. Plaintiffs affect was appropriate, his thought process goal directed, and his speech processes were normal. The doctor’s overall assessment was that Plaintiff was isolated and depressed, but that he had a Global Assessment Functioning (“GAF”) score of 65.4 She diagnosed Plaintiff with major depressive disorder with psychotic features and panic disorder with agoraphobia. (A.R. 346.)

Following this assessment, Plaintiff continued seeking treatment from Clinical Support Options, receiving therapy from Karolyn Kiehn, APRN, from April 11, 2008, until May 28, 2009. Kiehn generally found Plaintiff to be progressing positively: she noted continued improvement in motivation, focus, and his orientation towards the future. (A.R. 260, 331-40, 361, [136]*136414-24.) Kiehn remarked that Plaintiff responded well to Concerta5 throughout this period.

On May 28, 2008, Dr. Richard Schuetz conducted a psychological evaluation of Plaintiff, including a psychodiagnostic interview and intelligence testing. The doctor noted that Plaintiff reported he could perform household chores independently, including cooking from a recipe for himself and managing his bank account and bills.

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Cite This Page — Counsel Stack

Bluebook (online)
894 F. Supp. 2d 131, 2012 WL 4480739, 2012 U.S. Dist. LEXIS 140085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grady-v-astrue-mad-2012.