Harry Herman Packer v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration

2018 DNH 113
CourtDistrict Court, D. New Hampshire
DecidedMay 30, 2018
Docket17-cv-260-PB
StatusPublished

This text of 2018 DNH 113 (Harry Herman Packer v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harry Herman Packer v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration, 2018 DNH 113 (D.N.H. 2018).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Harry Herman Packer

v. Case No. 17-cv-260-PB Opinion No. 2018 DNH 113 Nancy A. Berryhill, Acting Commissioner, Social Security Administration

MEMORANDUM AND ORDER

Harry Herman Packer challenges the denial of his claim for

social security disability insurance (SSDI) benefits and

supplemental security income (SSI) under Title II and Title XVI

of the Social Security Act. 42 U.S.C. § 423; 42 U.S.C. § 1381a.

He argues that the administrative law judge (ALJ) erred by

determining that his residual functional capacity (RFC) was

greater than the evidence showed and by finding that he could

still perform some work at step five. The Acting Commissioner

moves for an order affirming the decision. For the following

reasons, I affirm.

I. BACKGROUND

A. Facts

In accordance with Local Rule 9.1, the parties have submitted a joint statement of stipulated facts. Doc. No. 17.

Because that joint statement is part of the court’s record, I

only briefly discuss the facts here. I discuss further facts

relevant to the disposition of this matter as necessary below.

Packer was a 41 year-old man at the time of his amended

alleged onset date. Administrative Record (AR) at 23, 127. He

had worked as “a vinyl cutter . . . van driver . . . auto parts

counter [delivery man] . . . and manager [of an] auto parts

[store],” prior to his application for benefits. AR at 34.

Packer is morbidly obese and has several attendant physical

impairments including type II diabetes, diabetic neuropathy,

orthostatic hypertension, high cholesterol, and osteomyelitis,

which led to the amputation of one of his toes. AR 23, 30. He

claims that his neuropathy affects his coordination and fine

motor skills in his hands. AR 29. He has also been a three-

pack-a-day smoker for a decade and suffers restrictive lung

disease and sleep apnea as a result. AR 23-24. Additionally,

Packer suffers from several mental impairments, including

depression, an anxiety disorder, and a personality disorder. AR

31. He claims that his personality disorder prevents him from

getting along with others, which led to his termination from

2 several jobs. AR 385.

Packer’s first physical problem was chest pain, which he

began experiencing in 2008. AR 27. After suffering this

initial chest pain, he stopped playing sports, but continued to

work as a manager at an automotive parts store until 2012. AR

27-28, 385, 390. He has not worked regularly since 2012,

spending most days in his room, watching television and playing

video games up to 15 hours a day. AR 391. He is able to

perform basic household chores such as cooking, cleaning, and

shopping, but does not do these chores because his mother and

girlfriend do them for him. AR 26. His apathy towards

completing even basic tasks extends to his use of the bathroom;

rather than going to the bathroom, he keeps a bucket near his

bed. AR 26.

B. Procedural History

Packer filed claims for both SSDI and SSI on January 28,

2014. His amended alleged onset date was June 1, 2013. 1 AR 115.

The Social Security Administration denied his claims both for

1 Packer initially alleged in his claim for SSDI that his disability onset date was June 1, 2013, while in his claim for SSI, he alleged that he had been disabled on October 9, 2012. AR 212, 214. At his hearing before the ALJ, Parker amended his disability onset date for all claims to June 1, 2013. AR 115. 3 SSDI and SSI on September 11, 2014. AR 155, 158. On September

15, 2014, he requested a hearing before an Administrative Law

Judge (ALJ). AR 161.

The ALJ conducted the hearing on December 29, 2015. AR 43.

The ALJ denied Packer’s claims for SSDI and SSI in a written

decision on March 16, 2016. AR 36. In the decision, the ALJ

applied the five-step analysis required by 20 C.F.R. § 404.1520

(for SSDI claims) and 20 C.F.R. § 416.920 (for SSI claims). At

step one, the ALJ determined that Packer had not engaged in

substantial gainful activity since his amended alleged onset

date of June 1, 2013. AR 20, 23. At step two, the ALJ

determined that Packer had the following severe impairments:

“diabetes mellitus type II with diabetic neuropathy, obesity,

personality disorder, and anxiety disorder.” AR 23. At step

three, the ALJ determined that Packer did not have any of the

impairments listed in 20 C.F.R., Subpart P, Appendix 1, which

would render him disabled per se. AR 25. At step four, the ALJ

determined that Packer had a RFC to do “sedentary work as

defined in 20 CFR [§] 404.1567(a) and [§] 416.967(a),” and that

he also:

“[can] lift and carry 10 pounds frequently and 20 pounds occasionally[;] 4 cannot climb ladders[,] ropes[,] and scaffolds[;]

can occasionally climb ramps and stairs, balance, stoop, crouch, and crawl[; and]

may only have brief and superficial interaction with the general public.” AR 27.

The ALJ determined that, in light of this RFC, Packer could not

return to his past relevant work. AR 34. At step five, after

considering the opinion of a vocational expert, the ALJ

determined that Packer could work in a number of other jobs that

existed in the national economy, including, “hand package

inspector,” “price marker,” and “electric assembler.” AR 35.

The ALJ found that Packer was not disabled and denied his claims

for both SSDI and SSI. AR 36.

Packer petitioned the Appeals Council to review the ALJ’s

decision, but the Appeals Council denied his request for review.

AR 1. Packer filed a complaint for judicial review under 42

U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3) on June 26, 2017.

Doc. 1.

II. STANDARD OF REVIEW

I am authorized under 42 U.S.C. § 405(g) to review the

pleadings submitted by the parties and the administrative record 5 and enter a judgment affirming, modifying, or reversing the

“final decision” of the Commissioner. That review is limited,

however, “to determining whether the ALJ used the proper legal

standards and found facts [based] upon the proper quantum of

evidence.” Ward v. Comm’r of Soc. Sec., 211 F.3d 652, 655 (1st

Cir. 2000). I defer to the ALJ’s findings of fact, as long as

those findings are supported by substantial evidence. Id.

Substantial evidence exists “if a reasonable mind, reviewing the

evidence in the record as a whole, could accept it as adequate

to support his conclusion.” Irlanda Ortiz v. Sec’y of Health &

Human Servs.,

Related

Rose v. Shalala
34 F.3d 13 (First Circuit, 1994)
Ward v. Commissioner of Social Security
211 F.3d 652 (First Circuit, 2000)
SZUMYLO v. Astrue
815 F. Supp. 2d 434 (D. Massachusetts, 2011)
Costa v. Astrue
565 F. Supp. 2d 265 (D. Massachusetts, 2008)
Sanchez v. Colvin
134 F. Supp. 3d 605 (D. Massachusetts, 2015)
Blankenship v. Commissioner of Social Security
624 F. App'x 419 (Sixth Circuit, 2015)
Jenness v. SSA
2015 DNH 167 (D. New Hampshire, 2015)
Douglas v SSA
2016 DNH 176 (D. New Hampshire, 2016)
Kenerson v. SSA
2011 DNH 074 (D. New Hampshire, 2011)

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