Hanchett v. Colvin

198 F. Supp. 3d 252, 2016 U.S. Dist. LEXIS 99621, 2016 WL 4063901
CourtDistrict Court, W.D. New York
DecidedJuly 29, 2016
Docket1:15-CV-00535 EAW
StatusPublished
Cited by5 cases

This text of 198 F. Supp. 3d 252 (Hanchett v. Colvin) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanchett v. Colvin, 198 F. Supp. 3d 252, 2016 U.S. Dist. LEXIS 99621, 2016 WL 4063901 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

I. INTRODUCTION

Plaintiff Deborah Sue Hanchett (“Plaintiff’), represented by counsel, brings this action pursuant to 42 U.S.C. § 405(g), seeking review of the final decision of the Commissioner of Social Security (“the Commissioner”) denying her application for Social Security Disability (“SSD”) and Supplemental Security Income (“SSI”) benefits. (Dkt. 1). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) Robert T. Harvey was not supported by substantial evidence in the record and was based on erroneous legal standards. (Dkt. 9-1 at 1).

Presently before the Court are the parties’ opposing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 9; Dkt. 11). For the reasons set forth below, this Court finds that the decision of the Commissioner is supported by substantial evidence in the record and is in accordance with the applicable legal standards. Thus, the Commissioner’s motion for judgment on the pleadings (Dkt. 11) is granted, and Plaintiffs motion (Dkt. 9) is denied. Plaintiffs complaint is dismissed.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On January 30, 2012, Plaintiff protectively filed an application for SSD and SSI benefits, alleging disability beginning January 1, 2011. (Transcript of Administrative Record (hereinafter “Tr.”) at 164-77; 185-87).

Plaintiffs initial application was denied on June 21, 2012. (Tr. 90-95). Plaintiff requested a hearing and appeared, represented by counsel, to testify at the hearing held on September 26, 2013, before ALJ Harvey in Buffalo, New York. (Tr. 41-69). Vocational Expert (“VE”) Jennifer Dziak also appeared and testified. (Tr. 69-80).

On November 20,2013, the ALJ issued a decision determining that Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 21-40). The Appeals Council denied review on April 22, 2015, and the ALJ’s decision became the final decision of the Commissioner. (Tr. 1-5). Plaintiff then commenced this action on June 19, 2015. (Dkt. 1).

B. Non-Medical Evidence

1. Plaintiffs Testimony

At the time of the hearing, Plaintiff was 49 years old, divorced, and living on her own. (Tr. 46). She was a licensed cosmetologist and certified Reiki master. (Tr. 47).

Plaintiff stated she had problems with anxiety, depression, post-traumatic stress disorder, fibromyalgia, and asthma. (Tr. 50). She would get anxious and “choke” from her anxiety, and would sometimes experience panic attacks in public. (Tr. 51). Plaintiff testified that she did not leave her house “very much” and would “sometimes panic thinking of leaving the house.” (Tr. 52). With respect to her depression, Plaintiff testified that she would think negative thoughts and not want to do anything. [256]*256(Id.). Plaintiff claimed that she had four flashbacks in the previous two weeks. (Id.). When she experienced a flashback, Plaintiff testified that she learned to breathe and calm herself down. (Id.). She had seasonal depression with cold weather. (Tr. 65).

According to Plaintiff, she used to be a “people person” but was now fearful of people. (Tr. 53). Plaintiff had been abused as a child and in her marital relationship. (Id.).

Plaintiff claimed to experience pain in her lower back, legs, neck, shoulders, and head that was not consistent but would sometimes wake her up at night. (Tr. 55). She took pain medication three times per day. (Id.). Plaintiff stated she sometimes had tingling in her toes and fingers. (Id.). She did not experience muscle spasms, swelling, or cramping, but did experience weakness and fatigue. (Tr. 56).

Plaintiff testified that she could cook, clean, do dishes, do laundry, make her bed, vacuum, and sweep. (Tr. 61). She did not do any yard work or take out her trash. (Id.). Her neighbor took out her garbage for her. (Tr. 67). She needed a friend to go with her grocery shopping, and stated that she had left carts in the store before because of her anxiety. (Tr. 62). Plaintiff testified that it was “very difficult” for her to leave her house if someone did not help her. (Tr. 68). Plaintiff could bathe and dress herself. (Tr. 62). She had difficulty sleeping at night and was on medication to help her sleep. (Tr. 63).

Plaintiff stated that she could sometimes lift up to twenty pounds and other times would drop a gallon of milk. (Tr. 63). She had inconsistent pain with walking, standing, sitting, reaching, pushing, pulling, bending, or climbing. (Tr. 63-64). Plaintiff testified that her dexterity was “not good.” (Tr. 64).

2. Vocational Expert Testimony

At the administrative hearing, ALJ Harvey asked VE Dziak to consider a hypothetical person who could “lift or carry, push or pull, 20 pounds occasionally, 10 pounds frequently; could sit two hours in an eight-hour day and stand or walk six hours in an eight-hour day” with “occasional limitations in the ability to bend, climb, stoop, squat, kneel, crawl,” “occasional limitations in regard to understand, remember, carry out detailed instructions,” “occasional limitations in the ability to interact with the general public.” (Tr. 70). The VE testified that such an individual could not perform Plaintiffs past relevant work as a cosmetologist or beauty shop manager, but could perform work as a marketing clerk or courier-messenger. (Tr. 73-74).

ALJ Harvey then asked the VE to consider the additional limitations of “occasional limitations in the ability to perform certain activities within a schedule and maintain regular attendance and occasional limitations in the ability to complete a normal work day or work week without interruptions from psychologically based symptoms.” (Tr. 76). The VE opined that such an individual would not be able to sustain the position of a courier or marketing clerk full time as the hypothetical indicates that the individual would be working less than full time. (Id.).

C. Summary of the Medical Evidence

The Court assumes the parties’ familiarity with the medical record, which is summarized in relevant part below.

On January 21, 2012, and again on January 23, 2012, Plaintiff presented to the emergency departments of two Buffalo-area hospitals for complaints of increased depression, panic disorder, and agoraphobia. (Tr. 257-97,299-303). Plaintiff reported that she had not worked for the past three months due to her inability to leave her [257]*257house. (Tr. 299). Plaintiff had a “very significant history of childhood abuse at the hands of her mother” and was experiencing flashbacks of the abuse that caused her to become “paralyzed by the anxiety.” (Id,). Most of the information was provided to the emergency department by Plaintiffs friend, who insisted that Plaintiff receive treatment for her increasing .symptoms. (Id,).

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198 F. Supp. 3d 252, 2016 U.S. Dist. LEXIS 99621, 2016 WL 4063901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanchett-v-colvin-nywd-2016.