Lane v. Astrue

267 F.R.D. 76, 2010 U.S. Dist. LEXIS 27254, 2010 WL 1133229
CourtDistrict Court, W.D. New York
DecidedMarch 23, 2010
DocketNo. 09-CV-6046 CJS
StatusPublished
Cited by5 cases

This text of 267 F.R.D. 76 (Lane v. Astrue) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lane v. Astrue, 267 F.R.D. 76, 2010 U.S. Dist. LEXIS 27254, 2010 WL 1133229 (W.D.N.Y. 2010).

Opinion

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security (“Commissioner” or “Defendant”), which denied plaintiff Teresa Lane’s (“Plaintiff’) application for supplemental security income benefits. Now before the Court is Defendant’s motion [# 14] for judgment on the pleadings and Plaintiffs cross-motion [# 15] for judgment on the pleadings. For the reasons that follow, Defendant’s application is denied, Plaintiffs application is granted, and this matter is remanded for calculation of benefits.

PROCEDURAL HISTORY

On February 12, 2003, Plaintiff applied for supplemental security income benefits, claiming to be disabled due to “arthritis, asthma, [chronic obstructive pulmonary disease] COPD, sleep apnea, irritable bowel syndrome, high blood pressure, migraines, [gas-troesophageal reflux disease] GERD, stress headaches, chronic kidney disorder, fibro-myalgia, depression, [and] recurrent umbilical hernia.” (64-66, 78).1 The Commissioner [78]*78denied the application. On February 15, 2006, a hearing was held before Administrative Law Judge Timothy M. McGuan (“ALJ”). On July 22, 2006, the ALJ issued a decision denying benefits, finding that Plaintiff could perform sedentary work. (17-25). On July 21, 2008, the Appeals Council denied Plaintiffs request for review. (6-9). On September 22, 2008, Plaintiff commenced the subject action. Subsequently, Defendant made several unopposed requests to extend the deadline for filing dispositive motions, which the Court granted.

VOCATIONAL HISTORY

Plaintiff was forty-six years of age at the time of the hearing, and had completed high school and some college courses. (84). Her employment history includes work as a cashier/ticket agent for Greyhound Bus Lines and as a supermarket cashier. (112). Plaintiff claims that she cannot remember any other employment prior to 1994.(125).

MEDICAL EVIDENCE

Plaintiffs medical history was summarized in the parties’ submissions and need not be repeated here in its entirety. It is sufficient for purposes of this Decision and Order to note the following facts.

On September 4, 2002, Plaintiff began treating with D.A. Brubaker, M.D. (“Brubaker”), a primary care physician. Brubaker noted that Plaintiff had “a long list of medical problems,” including chronic daily headaches, osteoarthritis, low back pain, hypertension, anxiety, high cholesterol, obesity, possible sleep apnea, carpal tunnel syndrome, COPD/asthma, and irritable bowel syndrome. (311) . Brubaker stated that Plaintiff was taking Fioricet for headaches. With regard to anxiety and depression, Brubaker reported that Plaintiff was taking Xanax, but still often felt depressed and cried a lot. Upon examination, Brubaker noted that Plaintiff was “teary.” Brubaker stated that he wanted to wean Plaintiff off Fioricet and Xanax, and place her on Inderal and Paxil instead. (312) . On October 24, 2002, Brubaker saw Plaintiff again, at which time Plaintiff was attempting to wean herself off both Fioricet and Xanax. With regal’d to her headaches, Plaintiff reported a minimal change after taking Inderal. Brubaker opined that Plaintiffs headaches might be “analgesic rebound headaches” related to her use of Fioricet. Plaintiff complained of continuing low back pain, but said that the pain was improved from her last visit. As part of this same visit, Brubaker completed a form entitled, “Medical Examination for Employability Assessment, Disability Screening, and Alcoholism/Drug Addiction Determination.” (308-309). Brubaker indicated that Plaintiff had the following limitations: Moderately limited as to walking, standing, sitting, and climbing stairs; very limited as to lifting, carrying, pushing, pulling, and bending. (308). On February 14, 2003, Brubaker provided a letter to Plaintiffs attorney, summarizing her medical condition. (307). Brubaker stated, in relevant part:

In regards to being on disability I would say that she is significantly limited, in activities that require prolonged sitting or standing. She certainly cannot do lifting, bending, or physically continuous activities. In regards to use of judgment, interaction with peers, concentration and social aspects of employment I would not regard her as limited with the exception that when her headaches flare it does make it more difficult for her to concentrate and this could be a hindrance.

(307). On February 26, 2003, Plaintiff told Brubaker that her pain was much improved, as a result of treating with a rheumatologist, which treatment will be discussed further below. (344). Plaintiff stated that she was still having “intermittent headaches, though not daily,” but that overall her headaches were significantly improved. (Id.). Brubaker reported that Plaintiffs depression was “stable.” (345). On March 24, 2005, Brubaker completed a residual functional capacity (“RFC”) assessment. (453—457). Brubaker stated that Plaintiff could occasionally lift and carry up to twenty pounds, occasionally reach, and frequently handle and feel. (453, 455). Brubaker stated that Plaintiff could never crouch, kneel, crawl, push, pull, or lift or carry more than twenty pounds. (453, 455). Brubaker indicated that Plaintiff could sit for four hours in an 8-hour workday, walk [79]*79for six hours in an 8-hour workday, and never stand for any length of time. (454). Brubaker opined that Plaintiffs pain would often interfere with her attention and concentration, that her pain would frequently interfere with her sleep, and that her impairments were likely to cause her to have “good days” and “bad days,” such that she would likely be absent from work more than four days per month. (457).

Between August 2002 and December 2002, Plaintiff treated with Billy R. Carstens, D.O., (“Carstens”), a pain management specialist, upon referral by Brubaker. On August 1, 2002, as part of an initial evaluation, Car-stens noted that Plaintiff was complaining of pain in her back, neck, shoulders, arms, and legs. Plaintiff complained of dull aching pain, with intermittent sharp pain and burning pain. (328). Plaintiff reported sleeping only two-to-three hours per night, because of pain. Upon examination, Carstens reported that Plaintiff had a depressed mood and flat affect, and that she scored 29 on the Beck Depression Inventory test, “which is consistent with severe depression.” (328). Car-stens observed a limited range of movement in Plaintiffs cervical spine, but a full range of motion in the lumbosacral spine. Carstens detected tenderness over the C1-C5 para-spinal muscles and T1-T4 paraspinal muscles bilaterally, and over the left T6 and T10 paraspinal muscles, as well as “diffuse trigger points ... throughout the neck and back and upper extremities.” (329). Carstens started Plaintiff on Nortriptyline and Flexer-il for pain. On September 27, 2002, Carstens reported that Plaintiff was participating in physical therapy, and was increasing her “functional mobility steadily.” (323). Plaintiff stated that her sleep was improved, and that she was sleeping five-to-six hours per night. On December 5, 2002, Carstens noted that Plaintiffs physical examination was “unchanged from exam on 9/27/02,” although he added a diagnosis of “fibromyalgia” to his list of “Impressions.” (322).

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Bluebook (online)
267 F.R.D. 76, 2010 U.S. Dist. LEXIS 27254, 2010 WL 1133229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-astrue-nywd-2010.