Miller v. Colvin

85 F. Supp. 3d 742, 2015 U.S. Dist. LEXIS 17689, 2015 WL 628359
CourtDistrict Court, W.D. New York
DecidedFebruary 12, 2015
DocketNo. 13-CV-6512 EAW
StatusPublished
Cited by6 cases

This text of 85 F. Supp. 3d 742 (Miller v. Colvin) 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
Miller v. Colvin, 85 F. Supp. 3d 742, 2015 U.S. Dist. LEXIS 17689, 2015 WL 628359 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Plaintiff Terrie A. Miller (“Plaintiff’) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking review of the final decision of Carolyn W. Colvin, Acting ' Commissioner of Social Security (“the Commissioner”), denying Plaintiffs application for Supplemental Security Income (“SSI”). (Dkt. 1). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) John P. Costello was not supported by substantial evidence in the record and was based on erroneous legal standards.

Presently before the Court are the parties’ opposing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 6, 11). For the reasons set forth below, this [745]*745Court finds that the decision of the Commissioner is supported by substantial evidence in the record and is in accordance with the applicable legal standards. Thus, the Commissioner’s motion for judgment on the pleadings (Dkt. 6) is granted, and Plaintiffs motion (Dkt. 11) is denied. Plaintiffs complaint is dismissed with prejudice.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On April 26, 2012, Plaintiff protectively filed an application for disability insurance benefits. (Administrative Transcript (hereinafter “Tr.”) 128-33). In her application, Plaintiff alleged a disability onset date of November 1, 1996. (Tr. 164). Plaintiff alleged the following disabilities: heart problems, depression, bipolar disorder, and panic attacks. (Id.). On August 14, 2012, the Commissioner denied Plaintiffs application. (Tr. 74-77).

On January 23, 2013, Plaintiff, represented by counsel, testified at a hearing before ALJ Costello. (Tr. 26-73). Vocational Expert (“VE”) Peter Manzi also appeared and testified. (Tr. 68-72). On April 17, 2013, the ALJ issued a finding that Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 9-21).

On July 22, 2013, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the final decision of the Commissioner. (Tr. 1-3). On September 20, 2013, Plaintiff filed this civil action appealing the final decision of the Commissioner. (Dkt. 1).

B. The Non-Medical Evidence

Plaintiff was 45 years old at the time of the hearing. (Tr. 32). Plaintiff graduated from high school with an Individualized Education Plan (IEP) diploma. (Id.). Plaintiff had varied previous work experience, including time as a motel cleaner and as a fast food worker. (Tr. 33-34, 154). Plaintiff had experienced periods of homelessness. (Tr. 268). She engaged in prostitution for a period of time and had also been incarcerated on more than one occasion. (Tr. 262, 264, 292-93, 295, 383).

1. Plaintiffs Testimony

In a self-reported questionnaire dated July 9, 2012, Plaintiff indicated that she had trouble with bathing, but could shower. (Tr. 181). Plaintiff completed some household chores such as washing dishes and dusting, but her roommate largely took care of the cleaning. (Tr. 182). Plaintiff shopped for groceries and handled money. (Tr. 184). Plaintiff cared for two pet cats. (Tr. 181). Plaintiff stated that she got along with family, friends, neighbors, and others, and went to group meetings, doctor appointments, and the park. (Tr. 185). Plaintiff claimed that she sometimes threw things out of anger, or had panic attacks as often as three to seven times per week. (Tr. 186-89). Plaintiff indicated that she got frustrated reading because she could not read well. (Tr. 186).

At the hearing, Plaintiff testified that her most significant impairment preventing her from work was her heart impairment. (Tr. 35-36). Plaintiff stated that her heart condition caused her to experience palpitations, irregular heartbeats, pain in her throat, and dizziness. (Tr. 36). Plaintiff indicated that she was on the medication Metoprolol and had laser heart surgery. (Id.). Plaintiff also alleged that she had scoliosis of the spine, vyhich caused her to experience sharp pains in her back and have difficulty lifting, standing, sitting, and bending. (Tr. 39). Plaintiff claimed that she could lift up to ten pounds, and sit or stand for ten to fifteen minutes at a time. (Tr. 40-41). Plaintiff further stated that she had pain in her right leg that made it difficult to go up and down stairs, [746]*746but indicated that she had not yet sought treatment for that pain. (Tr. 43^14).

Plaintiff also alleged disability due to depression, insomnia, and anger issues. (Tr. 44^8). Plaintiff stated that she was not taking medication for these problems, but was receiving therapy. (Tr. 44). Plaintiff attended group therapy five days per week and also attended individual sessions. (Id.).

Plaintiff lived in a halfway house because she had a history of alcohol abuse and had relapsed. (Tr. 52). Plaintiff had two grown children and received assistance from DSS. (Tr. 32).

2.Case Manager’s Testimony

Plaintiffs case manager, Mary Yaw, also testified at the hearing. (Tr. 60). At the time of the hearing, Ms. Yaw.was a case manager at Catholic Family Services. (Tr. 61). Ms. Yaw testified that Plaintiff was receiving counseling for her anger, depression, anxiety, post-traumatic stress disorder (“PTSD”), and alcohol and drug abuse. (Tr. 66-67). Ms. Yaw stated that Plaintiff had trouble sitting through therapy sessions and would often get up and move around the room. (Tr. 65). Ms. Yaw had observed Plaintiff “in full blown anger.” (Tr. 66). Plaintiff would yell, and “[fly] off the handle.” (Id.).

3.Vocational Expert’s Testimony

At the hearing, the ALJ presented the VE with a series of hypothetical questions. (Tr. 70-73). First, the VE was asked to consider someone of Plaintiffs age, education, and work experience who could perform work at a light exertional level who was limited by needing to avoid heavy machinery and driving, concentrated exposure to respiratory irritants such as dust, odors, fumes, and extremes in temperature and humidity, and was limited to simple tasks and should primarily work alone. (Tr. 69). The VE opined that such a person could perform the jobs of photocopy machine operator or collator operator. (Tr. 70).

The ALJ then presented á second hypothetical question that limited the hypothetical individual to sedentary work with the same additional restrictions. (Id.). The VE stated that such an individual could perform the work of a table worker or addresser, both sedentary, unskilled positions. (Id.).

In a third hypothetical, the ALJ asked the VE to consider someone from the first hypothetical with a further impairment that the individual would be off task approximately 20 percent of the time. (Tr. 71). The VE opined that such an individual could not maintain employment. (Id.).

4.Education Records

The administrative record contains records from Greece Central School District indicating that Plaintiff attended special education classes. (Tr. 222-50).

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Bluebook (online)
85 F. Supp. 3d 742, 2015 U.S. Dist. LEXIS 17689, 2015 WL 628359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-colvin-nywd-2015.