Miller v. Commissioner of the Social Security Administration

988 F. Supp. 2d 347, 2013 WL 6847695, 2013 U.S. Dist. LEXIS 181410
CourtDistrict Court, E.D. New York
DecidedDecember 30, 2013
DocketNo. 13-cv-1648 (ADS)
StatusPublished
Cited by3 cases

This text of 988 F. Supp. 2d 347 (Miller v. Commissioner of the Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miller v. Commissioner of the Social Security Administration, 988 F. Supp. 2d 347, 2013 WL 6847695, 2013 U.S. Dist. LEXIS 181410 (E.D.N.Y. 2013).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The Plaintiff Karen Anne Miller (“Miller” or the “Plaintiff’) seeks review of the final decision of the Commissioner of Social Security (the “Commissioner”) that she was not disabled during the relevant time periods and, therefore, she was not entitled to disability benefits on her own earnings record or disabled widows’ benefits as provided for in Title II of the Social Security Act, 42 U.S.C. §§ 401-434. Both parties have moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (“Fed. R. Civ.P.”).

The Plaintiff contends that the Administrative Law Judge (“ALJ”) and the Appeals Council erred by failing to explain [350]*350why they discounted certain affirmations of her treating physicians regarding Plaintiffs alleged disability. For the reasons set forth, Commissioner’s motion for judgment on the pleadings is denied and the Plaintiffs cross-motion for judgment on the pleadings is granted in part and denied in part.

I. PROCEDURAL HISTORY

On March 20, 2010, Miller filed applications for disability insurance benefits and disabled widow’s benefits. (Administrative Record (“Ar.”) 99-100). In both applications, Miller alleged that she was disabled as of September 29, 2009. On September 11, 2010, both claims were denied on the initial administrative review. Miller later amended the alleged onset date to September 29, 2006. At Miller’s request, a hearing was held before an ALJ, Jay L. Cohen, on June 23, 2011, where Miller was represented by counsel. At the hearing, the ALJ considered, among other things, the testimony of Miller and a vocational expert, Amy H. Leopold. (Ar. 23-58).

The ALJ was also presented with two affirmations by Miller’s treating physicians. The first was from Dr. Daniel H. Cohen, the treating rheumatologist, and the second was from Dr. Betty Parisis, the primary care physician. In Dr. Cohen’s affirmation, he stated that Miller’s “combined impairments prior to 2010, and also prior to 10/31/06, [] affected her abilities to perform basic work activities, and that she was completely disabled as of that date.” (Ar. 430). In the affirmation from Dr. Parisis, she asserted that Miller’s combined impairments had prevented her from performing substantial gainful activity since before October 31, 2006. (Ar. 434).

On July 1, 2011, considering the case de novo, the ALJ found that Miller was not disabled prior to October 31, 2006 and therefore not eligible to receive benefits. (Ar. 10-18). The ALJ’s decision did not mention the two treating physician affirmations.

On February 13, 2013, the Appeals council denied Miller’s request to review the ALJ’s decision, thus rendering the ALJ’s determination the final decision of the Commissioner. See Brown v. Apfel, 174 F.3d 59, 61 (2d Cir.1999). This action followed.

II. BACKGROUND

Miller was born in 1958. (AR 99) and attended college for two years. (Ar. 30, 129). From January 1990 to November 1997, she worked as a health aide in a school. (Ar. 30-31, 108). She assisted the nurse by administering eye and ear screenings and first aid, and completing paperwork. (Ar. 30-31, 110). She worked on the weekends as a waitress during that time period as well. (Ar. 45). Miller continued to work part time intermittently as a restaurant waitress and hostess from 1997 to November 2009. (Ar. 45).

A. Miller’s Testimony and Statements

At the June 23, 2011 hearing, Miller testified that she was unable to work as of October 2006 because of arthritis in her hands and fingers, a torn tendon in her elbow, and pain. (Ar. 31-32). She had been seeing Dr. Cohen, a rheumatologist, since 1990, and he had diagnosed her with systemic lupus. (Ar. 35). Dr. Parisis, her general physician since 2005, prescribed steroids and inhalers for her asthma, which was significant but never required an emergency room visit. (Ar. 36, 38-39). Miller testified that she had elbow surgery in April 2006, which temporarily eased her pain. (Ar. 32, 36-37).

However, Miller stated that continuing constant elbow pain prevented her from doing anything at all in October 2006. [351]*351(Ar. 33, 40). She could not sit or stand very long because of hip pain. (Ar. 33). Miller estimated that, in October 2006, she could sit, stand, and walk about two hours each in an eight-hour workday, and lift up to five pounds. (Ar. 33-35). Miller stated that, in 2006, she was home a lot and did not do much because of elbow pain and arthritis. (Ar. 40). She read, went shopping with her sister, did light cooking, sat outside, and visited friends. (Ar. 41-42). Miller drove, but did not take public transportation because she had no need for it. (Ar. 42). She had hip replacement surgery in September 2008. (Ar. 33).

B. Miller’s Medical History Prior to September 29, 2006, the Alleged Onset Date

In February 1998, Miller saw Dr. Arnold 111 man, an orthopedic surgeon, after injuring her right knee while skiing. (Ar. 404). On March 24, 1998, Dr. Illman performed arthroscopic knee surgery. (Ar. 395-99). Miller recovered well, and was able to do all normal activities by July 1998. (Ar. 393-94).

Miller returned to Dr. Ill man on May 18, 2004, with complaints of right shoulder and neck pain of two weeks’ duration. (Ar. 378-79). X-rays reportedly showed degenerative disc disease at C4-5 and C5-6. (Ar. 379). The doctor diagnosed adhesive capsulitis of the right shoulder and degenerative disc disease at C4-C5 and C5-C6, and prescribed Naprosyn and physical therapy.

On February 11, 2005, Miller consulted Dr. Charles Routolo, M.D., an orthopedist, for right shoulder pain. (Ar. 340-42). She stated that she had injured the shoulder in a motor vehicle accident on December 27, 2004. (Ar. 340). The doctor diagnosed right shoulder rotator cuff strain, possible rotator cuff tear, and bicipital tendinitis. (Ar. 342). He recommended physical therapy and an MRI.

On February 24, 2005, physical therapist Cosmo Baccarella evaluated Miller.

On May 5, 2005, Miller saw Dr. Daniel H. Cohen, the rheumatologist. (Ar. 198). Miller reported severe knee pain while she had been on a cruise that February. She had decided to increase her Prednisone dosage. On examination, Miller’s joints were mobile, and there was no visible synovitis, or inflammation of the joint lining. At Miller’s next visit on August 9, 2005, the findings were unchanged. (Ar. 197). There was no muscle atrophy.

On December 15, 2005, Dr. Cohen noted that Miller had severe asthma, • and had been prednisone-dependent until four months earlier. (Ar. 196). On examination, Dr. Cohen noted sclerodactyly, localized thickening and tightness of the skin of the fingers. Miller’s joints were mobile.

On January 26, 2006, Miller saw Dr. Illman for right lateral epicondylitis, otherwise known as tennis elbow. (Ar. 290-91). X-rays were normal, and Miller was referred to physical therapy. (Ar. 291).

In February 2006, Miller reported minimal discomfort in the elbow, and Dr.

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988 F. Supp. 2d 347, 2013 WL 6847695, 2013 U.S. Dist. LEXIS 181410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-commissioner-of-the-social-security-administration-nyed-2013.