Hayes v. Astrue

488 F. Supp. 2d 560, 2007 U.S. Dist. LEXIS 42186, 2007 WL 1666737
CourtDistrict Court, W.D. Virginia
DecidedJune 7, 2007
Docket1:06CV00070
StatusPublished
Cited by7 cases

This text of 488 F. Supp. 2d 560 (Hayes v. Astrue) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. Astrue, 488 F. Supp. 2d 560, 2007 U.S. Dist. LEXIS 42186, 2007 WL 1666737 (W.D. Va. 2007).

Opinion

OPINION

JONES, Chief Judge.

In this social security case, I remand for further administrative consideration in light of new evidence based on the determination of disability in a subsequent application. The Commissioner found the claimant not disabled as of February 7, 2006. On a subsequent application, the Commissioner found her disabled as of February 8, 2006. I hold that this second determination constitutes new evidence justifying a remand.

I

Cathy H. Hayes, the plaintiff, filed this action challenging the final decision of the Commissioner of Social Security (“Commissioner”) denying her claim for disability insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C.A. §§ 401-433 (West 2003 & Supp.2007) (“Act”). Jurisdiction of this court exists pursuant to 42 U.S.C.A. § 405(g).

The plaintiff filed an application for DIB on December 31, 2003. The claim was denied initially and upon reconsideration. At the plaintiffs request, a hearing was held before an administrative law judge (“ALJ”) on October 20, 2005. The plaintiff was present and testified. By a decision dated February 7, 2006, the ALJ found that the plaintiff was not disabled within the meaning of the Act. The Social Security Administration’s Appeal Council denied review on May 5, 2006, and the ALJ’s opinion thus constitutes the final decision of the Commissioner in this case.

On May 18, 2006, shortly after the Appeal Council’s ruling, the plaintiff filed a new application for DIB. On June 24, 2006, *562 the plaintiff sought review in this court of the ALJ’s adverse decision related to her first application for benefits. On July 18, 2006, the Commissioner determined upon initial consideration of the plaintiffs second application that she was disabled because of “osteoarthrosis and allied disorders” with an onset date of February 8, 2006, the day following the ALJ’s decision in the present case. (Pl.’s Ex. A.)

The plaintiff has filed a Motion for Judgment on the Pleadings and the defendant has cross-filed a Motion for Summary Judgment. Alternatively, the plaintiff has requested the case be remanded for further evaluation in light of the finding of disability on the plaintiffs second application. The issues have been briefed and fully addressed by the parties. The case is now ripe for decision.

II

The administrative record reveals the following facts. The plaintiff was forty-nine years old at the time of the decision by the ALJ. She has a high school education. Her past relevant work experience consists of being a cashier at a grocery store. The medical evidence includes records from three treating physicians who the plaintiff saw prior to and following her alleged onset of disability. The plaintiff has been treated for a number of medical conditions, including epilepsy, headaches, and complaints of pain related to osteoarthritis and degenerative joint disease.

David S. Grouse, M.D., treated the plaintiff for epilepsy, headaches, and carpal tunnel syndrome from January 2002 to January 2004. Dr. Grouse’s treatment notes indicate that seizures the plaintiff had been experiencing in 2002 were being effectively controlled by medication. Following an EEG on December 16, 2002, Dr. Grouse reported that the plaintiffs condition appeared “qualitatively better,” due to her medication. (R. at 210-11.) The plaintiff was prescribed Keppra and Topo-maz to control her seizures, and progress notes from Dr. Grouse in January 2004 reveal that she had been seizure-free since August 23, 2002

The plaintiff was also treated by Dr. Grouse for headaches and numbness in her hands. The plaintiffs headaches were considered to be “fairly well controlled.” (R. at 205.) The numbness in the plaintiffs hands was diagnosed as mild to moderate carpal tunnel syndrome. By December 2003, the use of hand splints and physical therapy reduced the numbness and discomfort in the plaintiffs hands. By January 27, 2004, she reported that “[sjhe’s not having much pain in her hands, numbness or tingling.” (R. at 205.)

The record also reveals that the plaintiff was treated by Anthony D. Rasi, D.O., a general practitioner, from March 2002 to July 2004. 1 In addition, Dr. Rasi submitted a residual functional capacity (“RFC”) assessment, dealing with his patient’s limitations resulting from fibromyalgia. The records from Dr. Rasi document treatment for complaints of arthritis pain in the knees, ankles, hands, elbows, back, and neck; headaches; and some memory loss. The records indicate that Dr. Rasi diagnosed the plaintiff with a number of conditions including arthritis, degenerative joint disease, epilepsy, hypothyroidism, obesity, fatigue, fibromyalgia, and hyperlipidemia.

*563 On March 19, 2002, the plaintiff was seen by Dr. Rasi for treatment. Dr. Rasi noted that the plaintiff had a limited range of motion in her knees due to degenerative joint disease. The swelling in the plaintiffs legs worsened after her workday as a cashier because she was required to stand to perform her job.

On September 2, 2003, Dr. Rasi opined in his treatment notes that although the plaintiff had been denied a claim for disability, she was unable to work, was unable to get around, and needed to use a cane for ambulation.

An assessment dated May 12, 2004, also presumably from Dr. Rasi, stated that the plaintiff was only able to lift less than ten pounds occasionally and stand and walk for two hours in an eight-hour work day. In addition, this assessment reflected Dr. Rasi’s belief that the plaintiff would need to be absent from work approximately three times per month due to her health.

In July 2005, Dr. Rasi also completed a fibromyalgia RFC questionnaire that indicated that the plaintiff experienced pain on a frequent basis which interfered with her attention and concentration. Dr. Rasi opined that the plaintiff was only able to sit five minutes before needing to stand, stand for five minutes before needing to sit, and could sit and stand for less than two hours in an eight-hour workday. He further noted that she was limited to the use of a cane, and would require unscheduled breaks during the work day for up to fifteen to twenty minutes each. He was also of the opinion that the plaintiff could never lift and carry more than ten pounds and would need to be absent from work for more than four days per month due to her health condition.

On February 11, 2003, the plaintiff reported to Syed M. Ahmad, M.D., a rheu-matologist, for a musculoskeletal evaluation. Dr. Ahmad noted that the plaintiff was experiencing pain in the joints of her upper and lower extremities, knees, ankles, shoulders, and lower back. A neurological examination of the plaintiff was found to be normal with normal muscle mass and strength and intact sensation. Dr. Ahmad found that the plaintiff had good grip strength and that the range of motion in her fingers and wrists were normal. The plaintiff also had full range of motion of the shoulders, spine, and hips, and limited flexon in the knees. Dr. Ahmad opined that the plaintiff had generalized osteoarthritis, chronic rheumatism/fibrosis, moderately severe osteoarthritis of the knees, chronic low back pain, and obesity.

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Cite This Page — Counsel Stack

Bluebook (online)
488 F. Supp. 2d 560, 2007 U.S. Dist. LEXIS 42186, 2007 WL 1666737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-astrue-vawd-2007.