MacEra v. Barnhart

305 F. Supp. 2d 410, 2004 U.S. Dist. LEXIS 2558, 2004 WL 345117
CourtDistrict Court, D. Delaware
DecidedFebruary 20, 2004
DocketCIV.A. 02-1473-JJF
StatusPublished
Cited by3 cases

This text of 305 F. Supp. 2d 410 (MacEra v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacEra v. Barnhart, 305 F. Supp. 2d 410, 2004 U.S. Dist. LEXIS 2558, 2004 WL 345117 (D. Del. 2004).

Opinion

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court,is an appeal pursuant to 42 U.S.C. § 405(g), filed by Plaintiff, John L. Macera, seeking review of the final decision of the Commissioner of the Social Security Administration denying Plaintiffs application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433. Plaintiff has filed a Motion For Summary Judgment (D.I.8) requesting the Court to enter judgment in Plaintiffs favor or in the alternative to remand this matter to the A.L.J. In response to Plaintiffs Motion, Defendant has filed a Cross-Motion For Summary Judgment (D.I.10) requesting the Court to affirm the Commissioner’s decision. For the reasons set forth below, Defendant’s Motion For Summary Judgment will be granted and Plaintiffs Motion For Summary Judgment will be denied. The decision of the Commissioner dated August 12,1999 will be affirmed.

BACKGROUND

I. Procedural Background

Plaintiff has filed a total of three applications for disability insurance benefits (“DIB”). Plaintiffs first application was filed on May 5, 1989, alleging disability beginning December 31, 1988. This application was denied initially and upon reconsideration, and further action with respect to this application was not taken.

Plaintiffs second application was filed on December 17, 1991, alleging disability beginning March 7, 1990. This application was denied initially and upon reconsideration and a hearing was requested. Following the hearing, the A.L.J. denied the application, and the United States District Court for the Eastern District of Pennsylvania affirmed the AL.J.’s decision.

Plaintiffs third application, which was filed on March 10, 1998, is the subject of this appeal. By his application Plaintiff alleged that he was disabled since August 20, 1988, because of high blood pressure, angina, atrial fibrillation, diabetes, knee problems, arthritis, a herniated disc in his neck, carpal tunnel syndrome, a hernia, and a hearing problem. (Tr. 101-104, 126). Plaintiff concedes that res judicata applies by virtue of his previously filed applications to the periods from December *413 31, 1988 through February 21, 1990 and March 7, 1990 through May 3, 1993. For purposes of the instant application, Plaintiff acknowledges that he must show that he became disabled prior to December 31, 1995, the date on which his insured status expired (Tr. 132). Plaintiff contends that he is entitled to disability benefits beginning on May 4,1993.

With respect to the administrative process, Plaintiffs application was denied initially and upon reconsideration. (Tr. 83-87, 90-93). Plaintiff filed a timely request for a hearing, and the A.L.J. held a hearing on February 22, 1999. (Tr. 33-80). Plaintiff was represented by counsel at the hearing and both he and his wife testified. Following the hearing, the A.L.J. issued a decision on August 12,1999, denying Plaintiffs claim. (Tr. 15-27). Plaintiff filed an appeal, and the Appeal’s Council denied review. (Tr. 8-9). Accordingly, the A.L.J.’s decision became the final decision of the Commissioner. Sims v. Apfel, 530 U.S. 103, 107, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000).

After completing the process of administrative review, Plaintiff filed the instant civil action pursuant to 42 U.S.C. § 405(g), seeking review of the A.L.J.’s decision denying his claim for DIB. In response to the Complaint, Defendant filed an Answer (D.I.5) and the Transcript (D.I.6) of the proceedings at the administrative level.

Thereafter, Plaintiff filed a Motion For Summary Judgment and Opening Brief (D.I.9) in support of the Motion. In response, Defendant filed a Cross-Motion For Summary Judgment and a combined Opening and Answering Brief (D.I.ll) requesting the Court to affirm the A.L.J.’s decision. Thereafter, Plaintiff filed a Reply Brief (D.I.12) to Defendant’s Cross-Motion For Summary Judgment. Accordingly, this matter is fully briefed and ripe for the Court’s review.

II. Factual Background

A. Plaintiff’s Medical History, Condition and Treatment

As of the date he was last insured, Plaintiff was forty-four years old. Plaintiff has a high school education and became a registered plumber. (Tr. 42, 131). During his apprenticeship, Plaintiff was electrocuted, and Plaintiff speculates that the electrocution resulted in his affliction with atrial fibrillation, although doctors have indicated to Plaintiff that they are unsure of its cause. (Tr. 21, 60).

Between November 1973 and August 1988, Plaintiff worked as foreman of a utility group, which maintained the hearing, air-conditioning and power systems at City Hall in Philadelphia. (Tr. 131). Plaintiffs work was heavy because he had to install pumps and pipes. (Tr. 43). Plaintiff stopped working for the city in August 1988, when he was 37 years old. Plaintiff receives a city disability pension of $271.14 per week ($14,099 year). 1 (Tr. 100, 44).

1. Plaintiffs Heart Condition

Plaintiffs primary care physician during the relevant time frame was John R. Walsh, D.O. Plaintiff was diagnosed with atrial fibrillation, and Plaintiff often complained to his physician of palpitations, rapid heart beat or chest pain. However, when Dr. Walsh examined Plaintiff after these episodes, he often noted normal heart sounds. (Tr. 201, 200, 193, 195, 185, 186, 181, 174, 172). Dr. Walsh also noted *414 on several occasions that Plaintiffs atrial fibrillation was stable. (Tr. 191, 187, 176). Although there were occasional highs and lows, Dr. Walsh’s progress notes indicate that Plaintiffs blood pressure was primarily within the normal range of about 130/80 with medication. During this time, Plaintiff was 5'8" tall and weighed between 220 and 230 pounds.

Dr. Walsh referred Plaintiff to Jack Garden, M.D., F.A.C.C., a cardiologist, who treated Plaintiff for intermittent atrial fibrillation between November 1994 and January 1996. Plaintiff first presented to Dr. Garden in November 1994 with complaints of palpitations during the night. Dr. Garden noted that a cardiac catheteri-zation and a thallium exercise stress test were normal. (Tr. 401, 492^195). Plaintiffs blood pressure was 140/100 and his heart was in normal sinus rhythm. (Tr. 402). An electrocardiogram showed atrial fibrillation and an echocardiogram showed left ventricular hypertrophy (LVH) with normal wall motion, top normal left atrium and right heart dimensions. (Tr. 402). Dr. Garden recommended that Plaintiff avoid alcohol and caffeine, lose weight and add Lopressor to his medication regimen. (Tr. 402).

In January 1995, Plaintiff reported to Dr. Garden that he was feeling much better and had palpitations less than" once a week lasting for about a minute at a time. (Tr. 335).

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Bluebook (online)
305 F. Supp. 2d 410, 2004 U.S. Dist. LEXIS 2558, 2004 WL 345117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macera-v-barnhart-ded-2004.