Hooke v. Colvin

20 F. Supp. 3d 286, 2014 U.S. Dist. LEXIS 67936, 2014 WL 2025161
District Court, D. Massachusetts·Decided May 16, 2014·No. Civil Action No. 13-11557-JLT·Published·Cited by 3 cases

Opinion

MEMORANDUM

YOUNG, District Judge.

I. Introduction

Roberta Anne Hooke (“Hooke”) brings this suit pursuant to 42 U.S.C. § 405(g) seeking review of the Social Security Administration’s (“the Administration”) rejection of her application for Disability Insurance Benefits (“DIB”). Presently before this Court are Hooke’s Motion to Reverse and Remand to the Social Security Administration [# 15] and the Administration’s Motion to Affirm the Commissioner’s Decision [# 19]. For the reasons set forth below, Hooke’s Motion to Reverse and Remand is DENIED and the Administration’s Motion to Affirm is ALLOWED.

II. Background

A. Procedural History

Hooke filed an application for DIB on April 15, 2009.1 Hooke claimed that she became disabled on July 23, 2007.2 Hooke’s application was denied initially on August 28, 2009, and again upon reconsideration on November 13, 2009.3 Hooke filed a request for a hearing before an Administrative Law Judge (“hearing officer”) on November 20, 2009.4 That hearing was held on May 4, 2011.5 The hearing officer heard testimony from Hooke and a vocational expert.6 On July 26, 2011, the hearing officer issued a decision finding that Hooke was not disabled during the relevant time frame.7

On March 25, 2013, the Appeals Council denied Hooke’s request for review of the hearing officer’s decision, making that decision the final decision of the Commissioner.8 On June 1, 2013, the Appeals Council granted Hooke’s request for additional time to file a civil action.9 Hooke filed this action seeking review of the Commissioner’s decision on June 29, 2013.

B. Hooke’s Background and Medical History

Hooke was born on July 23, 1952 and was fifty-five years old during the period between the alleged onset date of her disability and her date last insured.10 Hooke has a high school education and no other vocational training.11

Hooke has a history of headaches and began visiting a neurologist, Dr. Mazen [288] Eneyni, about them in 1999.12 On October 5, 2004, Eneyni indicated that Hooke had been having about six headaches a month but more recently had been getting a headache every day.13 Eneyni wrote that these were migraine headaches without aura and with high frequency.14 He prescribed a number of medications to treat the headaches.15 Hooke underwent an MRI on October 15, 2004.16 Eneyni wrote that .the MRI revealed “punctate nonspecific white matter lesions” but that the exam was “normal.”17 He diagnosed Hooke with migraines and recommended that she continue her medication.18 Eney-ni also discussed with Hooke the potential need for a lumbar puncture at some point in the future.19

On December 7, 2006, Hooke was still experiencing migraines and tension headaches.20 Notes from Angels Neurological Centers (“Angels”) indicated that these headaches were being alleviated with Per-cocet.21 Hooke reported feeling well overall. On March 7, 2007, Hooke reported experiencing headaches every day with a pain level of ten out of ten.22 On that date, however, she reported only tension headaches and no migraines.23

Hooke visited Angels on August 28, 2007 complaining of tension and migraine headaches.24 She reported that she was experiencing tension headaches every day and migraines two to three times per week.25 In addition to the headaches, Hooke also reported that she was experiencing chest pains and depression.26 She also reported nausea, photophobia, and phonophobia.27 At that time, however, she denied experiencing “back pain, joint pain, joint swelling, muscle cramps, muscle weakness, stiffness, arthritis, sciatica, restless legs, leg pain at night, and leg pain with exertion.”28 She further denied experiencing memory loss and confusion.29 At one point, the notes also stated that Hooke denied experiencing nausea, although earlier they indicated that she was experiencing nausea.30 The examining physician noted that Hooke had no focal deficits, and that she had normal reflexes, coordination, and muscle strength.31 The physician also noted that Hooke was alert and cooperative; had normal mood and affect; and had normal attention span and concentration.32

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Hooke v. Colvin, 20 F. Supp. 3d 286, 2014 U.S. Dist. LEXIS 67936, 2014 WL 2025161 (D. Mass. 2014).

20 F. Supp. 3d 286 (Hooke v. Colvin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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