Houston v. Colvin

180 F. Supp. 3d 877, 2016 U.S. Dist. LEXIS 171037, 2016 WL 2956110
CourtDistrict Court, D. New Mexico
DecidedMarch 30, 2016
DocketCiv. No. 14-1015 SCY
StatusPublished
Cited by11 cases

This text of 180 F. Supp. 3d 877 (Houston v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Houston v. Colvin, 180 F. Supp. 3d 877, 2016 U.S. Dist. LEXIS 171037, 2016 WL 2956110 (D.N.M. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

STEVEN C. YARBROUGH, UNITED STATES MAGISTRATE JUDGE

THIS MATTER is before the Court on Plaintiffs Motion to Reverse and Remand the Social Security Administration (SSA) Commissioner’s decision to deny Plaintiff disability insurance benefits. EOF No. 20. Having considered the parties’ briefing, the administrative record, the relevant law, and being otherwise fully advised, the Court finds Plaintiffs arguments in favor of reversal unpersuasive and. will, therefore, deny Plaintiffs motion.

I. Background

A. Plaintiff’s Medical and Work History

Plaintiff Armando Houston is a 38 year old male who alleges disability on the basis of degenerative disc disease, post-traumatic stress disorder, anxiety, and depression. AR 278. He claims that he initially hurt his back in 1997 when he fell on a rock. AR 27, 303, 355. He reports that in 2002 he worked as a cook in a fast food restaurant for about eight months and that this was the job he had prior to going to prison. AR 51. He reports that he aggravated his back injury in 2007 while deadlifting more than 300 pounds. AR 27, 303, 355. After being released from prison, he worked for about a year and a half as a cashier at a convenience store. AR 46,49-50, 296, 303-04. He was terminated from this employment for reasons unrelated to medical issues. AR 50. Although Plaintiffs employment was terminated for non-medical reasons, Plaintiff claims that the onset of his disability coincides with the date of his termination—December 8, 2010. AR 22.

i. Plaintiffs History of Back Pain

On February 24, 2011, Plaintiff was admitted to the emergency room at Christus St. Vincent Medical Regional Center with acute back pain after moving furniture. AR 343, 348.

On March 8, 2012, Dr. Regina Valencia, M.D. evaluated an X-ray of Plaintiffs spine. The X-ray indicated that Plaintiff had disc space narrowing at vertebrae L-6-S-l, but Dr. Valencia observed no compression fracture or subluxation of that area and stated that her impression was that Plaintiffs spine was stable. AR 302, 366-68.

On March 11, 2012, Dr. Saphu Pradhan, M.D. performed a disability determination examination of Plaintiff. AR 303-06. Dr. Pradhan noted that Plaintiff had no difficulty with ambulation and had a generally normal extremity range of motion. However, Dr. Pradhan also concluded that Plaintiff had “objective limitation to anteri- or flexion and extension of the lumbar [881]*881spine, as well as straight leg raises in the supine position” and “tenderness to palpitation in the low thoracic spine and mid lumbar (L) spine region ... [which] may prohibit him from standing or walking for longer than an hour at a time.” AR 16-10 at 306. He did not observe any neurological issues. Id. He also observed that Plaintiff was able to follow directions without losing his concentration. AR 306.

On March 26, 2012, Plaintiff saw Dr. Lyle Amer, M.D., complaining of lower back pain after lifting a 305 pound weight. Dr. Amer diagnosed him with gastroeso-phageal reflux disease, back pain, and degenerative disc disease. AR 308.

On March 27, 2012, Dr. Joan Crennan, M.D., found that Plaintiff could occasionally lift or carry 50 pounds, frequently lift or carry 26 pounds, stand or walk for 6 of 8 hours of a day, had unlimited ability to push and pull, but could not frequently stoop or climb ladders, ropes, or scaffolds. AR 66-69. She noted that while Plaintiff complained of chronic back pain, he was not taking pain medication for this condition and had received no other treatment for it. AR 70. She stated that his lumbar spine X-rays indicated that he could not perform heavy work and that his RFC was “medium.” Id.

On May 30, 2012, Plaintiff again saw Dr. Amer, who noted that Plaintiffs neck muscles were tender, Plaintiff had difficulty moving his neck, and his right shoulder was stiff. AR 308. On July 30, 2012, Plaintiff again returned to Dr. Amer complaining of chronic lower back pain. AR 307.

On October 14, 2012, Dr. Raul Neftali Young-Rodriguez, M.D., performed a disability determination examination of Plaintiff. AR 324-327. He stated that Plaintiff reported being able to stand for an hour at a time, or a total of four hours non-eonsec-utively over an eight hour day, walk for an hour at a time on level ground, sit for two hours at a time, and lift ten pounds. ' AR 325. Dr. Young-Rodriguez observed that Plaintiff could ambulate slowly, and was “a little uncomfortable” keeping his back straight and stated that “[t]here is clinical medical evidence noted today to support moderate limitation of activity involving the lumbar spine.” AR 325-26.

On November 6, 2012, Dr. Eileen Brady, reviewing Dr. Crennan’s assessment, affirmed it. AR 97.

On March 30, 2013, Plaintiff was admitted to the emergency room at Christas St. Vincent Medical Regional Center after 12 hours of “strenuous work” because he was experiencing symptoms of nausea, vomiting, neck, hip, and back pain, and dizziness, as well as dehydration. AR 335-36.

On January 22, 2014, Dr. Hal Hankin-son, M.D. met with Plaintiff regarding his back pain. AR 355-57. Plaintiff reported muscle spasms and pain radiating down his hips and the'backs of his thighs. AR 355. Dr. Hankinson noted that while Plaintiff did not appear to have either a neurological deficit or radicular pain, he could not give Plaintiff a diagnosis without a MRL AR 357.

ii Plaintiff’s Psychological History

On December 21, 2011, at an appointment at Anasazi Medical Associates, Plaintiff reported back pain, depression, anxiety, insomnia, and mood swings. AR 292-294

Dr. Michael Gzaskow, M.D., performed a disability determination examination of Plaintiff on March 5, 2012. AR 296-99. He noted that Plaintiff appeared mildly depressed but was cooperative and (lid not evince any “organic or psychotic thought pathology.” AR 298. Plaintiffs memory appeared intact and his insight was “fair to good.” AR 299. He diagnosed Plaintiff [882]*882with PTSD, depressive disorder NOS, and adult attention deficit/hyperactivity disorder. Id. Dr. Gzaskow concluded that Plaintiff had a difficult time relating to others based on his PTSD issues but that he could attend to simple tasks and understand directions in a structured/supportive environment. Id.

On March 9, 2012, Dr, Renate Wewerka, Ph.D., determined that Plaintiff had moderate limitations in a variety of social and work interactions. He further opined that “Claimant can understand, remember and carry out detailed, but not complex instructions, make decisions, attend and concentrate for two hours at a time, interact adequately with co-workers and supervisors and respond appropriately to changes in a work setting.” AR 70-71.

On August 6, 2012, Donna Romero, LISW, LCSW, met with Plaintiff, who reported that he needed assistance 1-2 times per week because he had difficulty getting out of bed. AR 315. Ms. Romero found that Plaintiff displayed significant depression, PTSD, and bipolar disorder. She assessed a GAF score of 40. AR 317.

On August 16, 2012, at Presbyterian Medical Services, Plaintiff was observed to have normal speech, appearance, and thought processes. AR 319-20. He was diagnosed with PTSD, major depressive disorder, and was assessed a GAF score of 50. AR 320. He was prescribed Paxil for his depression. AR 318.

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180 F. Supp. 3d 877, 2016 U.S. Dist. LEXIS 171037, 2016 WL 2956110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-colvin-nmd-2016.