Howard v. Colvin

54 F. Supp. 3d 109, 2014 U.S. Dist. LEXIS 150297, 2014 WL 5361533
CourtDistrict Court, D. Massachusetts
DecidedOctober 22, 2014
DocketCivil Action No. 13-12011-FDS
StatusPublished
Cited by2 cases

This text of 54 F. Supp. 3d 109 (Howard v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard v. Colvin, 54 F. Supp. 3d 109, 2014 U.S. Dist. LEXIS 150297, 2014 WL 5361533 (D. Mass. 2014).

Opinion

MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO REVERSE AND REMAND AND DEFENDANT’S MOTION TO AFFIRM THE DECISION OF THE COMMISSIONER

SAYLOR, District Judge.

This is an appeal of a final decision of the Commissioner of the Social Security Administration (“SSA”) denying the application of plaintiff Anthony P. Howard for supplemental security income (“SSI”) benefits. Plaintiff appeals the denial of his application on the ground that the decision is not supported by substantial evidence as required by 42 U.S.C. § 405(g). Specifically, plaintiff contends that the administrative law judge (“ALJ”) improperly weighed the medical evidence, improperly analyzed plaintiffs credibility, and improperly found plaintiff capable of performing existing jobs in the national economy.

Pending before the Court are plaintiffs motion to reverse and remand the Commissioner’s decision and the defendant’s motion to affirm the Commissioner’s decision. For the reasons stated below, the decision of the Commissioner will be af[112]*112firmed, and plaintiffs motion to reverse and remand will be denied.

I. Background

Plaintiff Anthony P. Howard was born on February 26, 1965. (A.R. at 177). He is currently 49 years old. (Id.). He attended school through eleventh grade and later, in 1983, received his GED. (A.R. at 161). He was incarcerated for fifteen years after a conviction for armed robbery. (A.R. at 34-37, 283, 306). Prior to his incarceration, he worked as a baker at a coffee shop and a cook at a fast-food restaurant. (A.R. at 161). He has not worked since December 19, 2011, the alleged onset date of his disability. (A.R. at 174,183).

Howard claims disability stemming from asthma, post-traumatic stress disorder, bipolar disorder, major depression, paranoia, and homicidal thoughts directed towards pedophiles. (A.R. at 58).

A. Medical History

1. Asthma

Howard contends that he suffers from asthma. On December 19, 2011, at the Whittier Street Health Center, Howard saw Kendrah Nealon, N.P. (A.R. at 220). Nealon noted that Howard had a history of asthma, but had not experienced an attack in several years. (A.R. at 220-22). At this appointment, Nealon counseled him on smoking cessation and advised him that they would discuss the subject further once his depression was better controlled. (A.R. at 222).

On March 8, 2012, Dr. Madhusudan Tha-kur examined Howard and described his asthma as “well-controlled without any treatment.” (A.R. at 278-80). Dr. Thakur also noted that he had a history of daily marijuana use. (A.R. at 279). On March 12, 2012, Dr. Debra Rosenblum examined Howard. (A.R. at 275). Dr. Rosenblum reported that he smoked one pack of cigarettes per day and used to smoke three packs per day. (Id.).

On June 21, 2012, Howard saw Sarah Grayson, N.P. at the Whittier Health Center. (A.R. at 341). Grayson noted that he had not had an asthma attack in months, but nevertheless she gave him a prescription for an albuterol inhaler. (A.R. at 342-44).1 She also advised him to stop smoking. (A.R. at 344).

On July 5, 2012, Dr. Mark Siegel of Disability Determination Services completed a physical residual functional capacity (“RFC”) assessment of Howard. (A.R. at 78). Dr. Siegel recommended that he avoid exposure to extreme heat or cold, avoid hazards such as machinery and heights, and avoid concentrated exposure to fumes, odors, dusts, gases, and poor ventilation. (Id.).

On September 26, 2012, Howard saw Grayson again. (A.R. at 359). Grayson noted that he reported smoking only half a pack of cigarettes per day. (Id.). At an appointment a few months later, on November 28, 2012, Grayson noted that Howard was still smoking, that she stressed to him the importance of smoking cessation, and that he reported using albuterol daily for asthma. (A.R. at 401).

2. Other Physical Impairments

Howard also contends that he has neck pain and arm numbness. On March 8, [113]*1132012, Howard had a consultative examination with Dr. Thakur, who noted that he complained of pain on the left side of his neck when moving his neck to the left and pain in the back of his neck on extension. (A.R. at 279). Dr. Thakur also noted that the arm numbness could be related to cervical spinal arthritis. (A.R. at 280).2 In addition, Dr. Thakur found that his vision was excellent, despite his complaints that he could not see properly. (A.R. at 280, 288).

During an appointment on June 21, 2012, Grayson noted that Howard had a history of neck pain with associated numbness in his left arm. (A.R. at 340-44). She also noted he had tenderness upon palpation of his cervical spine but normal mobility of both his neck and head. (Id.). Grayson further reported that his strength in both his upper and lower extremities was a five, on a five-point scale, and that he had a steady gait. (Id.).

In a July 5, 2012 physical RFC assessment, Dr. Siegel reported that Howard could lift ten pounds frequently and twenty pounds occasionally, that he could stand and/or walk for .six hours in an eight-hour work day, that he could sit for six hours in an eight-hour work day, and that he could occasionally climb, balance, stoop, kneel, crouch, and crawl. (A.R. at 77-78). Dr. Siegel also noted that he was limited in right and left overhead reaching. (Id.). Dr. Siegel concluded that he was capable of light work and could hold occupations such as winder, electronic worker, or en-capsulator. (A.R. at 81).

On August 28, 2012, Grayson noted that Howard had lumbar tenderness. (A.R. at 377). She also referred him to a nutritionist for obesity. (Id.).

On September 20, 2012, Dr. Olarewaju Oladipo at the Whittier Street Health Center examined Howard and noted that he was experiencing some pain with activity, but that his lower back and neck pain had improved with treatment. (A.R. at 362). Dr. Oladipo diagnosed cervical degenerative joint disease and degenerative joint disease at lumbar L5-S1. (A.R. at 362).3

On November 28, 2012, Grayson noted that Howard complained of stomach cramps occurring over the past several days. (A.R. at 399). She also reported that he had a steady gait and had lost ten pounds after seeing a nutritionist for his obesity. (A.R. at 401).

On December 11, 2012, Grayson filled out an RFC questionnaire, in which she indicated that Howard could sit or stand/ walk for eight hours in an eight-hour work day without unscheduled breaks, but that his impairments would frequently interfere with the attention and concentration required to perform work-related tasks. (A.R. at 393). She further indicated that he could frequently lift or carry less then ten pounds and could occasionally carry ten, twenty, and fifty pounds. (A.R. at 394).

[114]*1143. Mental Impairments

Howard also contends that he suffers from post-traumatic stress disorder, bipolar disorder, major depression, paranoia, and homicidal thoughts directed towards pedophiles.

On December 19, 2011, Howard saw Barbara Cherry, M.S., of Priority Professional Care.

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Bluebook (online)
54 F. Supp. 3d 109, 2014 U.S. Dist. LEXIS 150297, 2014 WL 5361533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-colvin-mad-2014.