Manns v. Shalala

888 F. Supp. 470, 1995 U.S. Dist. LEXIS 7749, 1995 WL 329441
CourtDistrict Court, W.D. New York
DecidedMay 26, 1995
DocketNo. 93-CV-361A
StatusPublished

This text of 888 F. Supp. 470 (Manns v. Shalala) 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
Manns v. Shalala, 888 F. Supp. 470, 1995 U.S. Dist. LEXIS 7749, 1995 WL 329441 (W.D.N.Y. 1995).

Opinion

ORDER

ARCARA, District Judge.

This case was referred to Magistrate Judge Leslie 6. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B), on April 28, 1994. On July 14, 1994, defendant filed a motion for judgment on the pleadings.

On February 16, 1995, Magistrate Judge Foschio filed a Report and Recommendation recommending granting defendant’s motion on the pleadings.

Plaintiff filed objections to the Report and Recommendation on March 2, 1995. Oral argument on the objections was held on May 17, 1995.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation. The Magistrate Judge’s Report and Recommendation is extremely thorough and a well-reasoned analysis of the facts and law.

Accordingly, for the reasons set forth in Magistrate Judge Foschio’s Report and Recommendation, defendant’s motion for judgment on the pleadings is granted and the case is dismissed in its entirety.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

FOSCHIO, United States Magistrate Judge.

JURISDICTION

This matter was referred to the undersigned for report and recommendation on April 28, 1994 by the Honorable Richard J. Arcara, pursuant to 28 U.S.C. § 636(b)(1)(B). The matter is presently before the court on Defendant’s motion for judgment on the pleadings, filed July 14, 1994.

[474]*474 BACKGROUND

Plaintiff, Levi Manns, seeks review of the Defendant’s decision denying him Supplemental Security Income under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1385 (1993). In denying Manns’ application for benefits, Defendant determined that Manns had the capability to perform a broad range of sedentary to light work, excluding work involving lifting or carrying more than fifteen pounds with his left arm, standing or walking for more than six hours a day, and allowing for his inability to perform fine manipulation with his left hand, and was, therefore, not disabled as defined by the Social Security Act. (R. 19-20).1

On April 23, 1993, Manns filed an action seeking a determination that he was entitled to supplemental security income. Manns asserts that the Defendant’s decision was not supported by substantial evidence, and that it should be reversed. On July 14, 1994, Defendant filed a motion for judgment on the pleadings, seeking dismissal of the action.

No oral argument was held on the matter.

PROCEDURAL HISTORY

Manns initially filed for Supplemental Security Income (“SSI”) on July 22,1991. This application was denied on November 20, 1991. A request for reconsideration was filed on December 16,1991, and the claim for benefits was again denied on March 13,1992. Manns appealed the determination.

On October 7, 1992, a hearing was held in Buffalo, New York before an administrative law judge (“ALJ”) from the Office of Hearings and Appeals of the Social Security Administration, Department of Health and Human Services, regarding the denial of supplemental security income. On October 23, 1992, the ALJ denied supplemental security income benefits to Manns. Manns then requested a review of the hearing decision. On February 24, 1993, the Appeals Council concluded that there was no basis for granting the request for review, and determined that the decision of the ALJ was the final decision of the Social Security Administration.

Thereafter, on April 23, 1993, Manns filed this action seeking review of the administrative decision. On July 14, 1994, Defendant filed a motion for judgment on the pleadings, and a related memorandum of law in support of the motion.

The matter was referred to the undersigned on April 28, 1994. No oral argument was deemed necessary.

For the reasons as set forth below, I recommend that Defendant’s motion for judgment on the pleadings be GRANTED.

FACTS

As of October 7, 1992, the date of the hearing before the ALJ, Levi Manns was forty-one years old. (R. 13, 85). Manns lived alone in a third floor apartment and did some of his own cooking, grocery shopping and cleaning. (R. 16, 35-36, 135). Manns had completed the tenth grade at Grover Cleveland High School, and had continued his schooling by taking carpentry classes at Emerson High School. (R. 36-37, 60).

From 1965 to 1966, Manns worked for the United States Corps of Engineers doing landscaping in Buffalo, New York. (R. 146). From 1968 to September of 1969, Manns worked as a flyboy for the Greater Buffalo Press. (R. 146). Manns also held a job as a laborer for Bethlehem Steel from 1969 until mid-1970. (R. 38,146). His job consisted of moving sheets of rolled steel and other materials, pressing them and welding them together. In 1970, Manns entered the military service, however, he was discharged one month later as his reading and writing abilities were impaired. (R. 13, 37).

Manns subsequently worked for Ford Motor Company as an automation tender from August of 1970 through July of 1973. (R. 37, 123). His employment was terminated as the result of his becoming belligerent when he was confronted regarding marijuana use. (R. 237).

[475]*475After working for Ford, Manns had jobs washing dishes for the Marriott, working as a janitor, and helping at a laundromat by opening, closing and doing some light cleaning. (R. 39, 123, 147-150). He was terminated from the Marriott because he was using drugs and could not properly perform his duties, and because his back was bothering him as the result of stacking and carrying trays of dishes. (R. 39, 273).

In 1984, Manns made his first attempt at detoxification at the Erie County Medical Center. (R. 155, 159, 165). He was admitted on June 16, 1984, however, he left after only three days of treatment. (R. 159, 165). At that time, Manns was using Dilaudid, heroin and marijuana. (R. 165). Manns was treated with repeated doses of methadone until his condition was stabilized. (R. 165). When the doctor began to reduce the levels of methadone, Manns discharged himself against medical advice. (R. 165).

On October 26, 1988, Manns was admitted to a detoxification program for heroin and cocaine dependence, again at the Erie County Medical Center. (R. 13,154-156). At the time Manns was admitted for treatment, he was using two or three bags of heroin a day and one-half gram of cocaine every three days. (R. 155, 157, 159). Manns was taking the heroin intravenously and admitted using contaminated needles. (R. 155). Manns was discharged against his doctor’s advice on October 30,1988, and was found to be intoxicated later that day. (R. 154-156).

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888 F. Supp. 470, 1995 U.S. Dist. LEXIS 7749, 1995 WL 329441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manns-v-shalala-nywd-1995.