Molina v. Apfel

43 F. Supp. 2d 192, 1999 U.S. Dist. LEXIS 3622, 1999 WL 167028
CourtDistrict Court, D. Connecticut
DecidedMarch 16, 1999
DocketNo. 3:98CV860 (GLG)
StatusPublished
Cited by1 cases

This text of 43 F. Supp. 2d 192 (Molina v. Apfel) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Molina v. Apfel, 43 F. Supp. 2d 192, 1999 U.S. Dist. LEXIS 3622, 1999 WL 167028 (D. Conn. 1999).

Opinion

OPINION

GOETTEL, District Judge.

This appeal is brought under 42 U.S.C. § 405(g), seeking review of the final decision of the Commissioner of Social Security that denied the application of plaintiff, Hector O. Molina, for a period of disability and disability insurance benefits under the Social Security Act. Pursuant to Rule 12(c), Fed.R.Civ.P., plaintiff has moved for judgment on the pleadings [Doc. # 5], asking us to reverse the decision of the Commissioner. Defendant has moved for an order affirming the final decision of the Commissioner [Doc. # 7]. For the reasons set forth below, this Court finds that the decision of the Commissioner is supported by substantial evidence and, thus, affirms that decision.

BACKGROUND

Administrative Proceedings

This appeal concerns plaintiffs March 1994 application for a period of disability and disability insurance benefits, in which he alleges an inability to work since July 21, 1993, due to back and neck problems, bursitis in both shoulders, diabetes melli-tus, a hernia, and hypertension. (R. 84-86). His application for benefits was initially denied by the Social Security Administration (R. 96-99), and was denied again upon reconsideration. (R. 104-07). Plaintiff then requested a hearing before an administrative law judge (“ALJ”) (R. 108), which was held on February 23, 1996. Plaintiff was represented by counsel and testified at the hearing. Additionally, a vocational expert testified. By decision dated September 14, 1996, (R. 12-24), the ALJ determined that plaintiff was not disabled in that his impairments did not prevent him from performing his past rele[195]*195vant work. (R. 24). Plaintiffs counsel requested reconsideration of this decision by the Appeals Council (R. 7-8), which considered the arguments raised by counsel in his letter brief dated October 6, 1996. (R. 268-71). On March 25, 1998, the Appeals Council declined plaintiffs request for review (R. 4-6), thus rendering the ALJ’s determination the final decision of the Commissioner and subject to judicial review. On May 8, 1998, plaintiff filed the instant action appealing the final administrative decision denying his claim.

Facts

Plaintiff was born on August 12, 1939, in Puerto Rico. He was 53 years of age at the time he allegedly became disabled in July, 1993. Plaintiff has a General Equivalency Diploma and reads, writes, and speaks English, although from his testimony English appears to be his second language. For twenty years, plaintiff worked as a solderer of silver hollowware, such as trays, coffeepots, teapots, and sugar bowls. His job involved mostly sitting and sometimes a couple of hours of standing during an eight-hour day. (R. 42). His soldering job involved frequent reaching and lifting up to ten pounds. (R. 43). Plaintiff testified that, although he could not do solder-' ing work while standing, when his back started to hurt and he needed a break, he could stand and do some grinding or other work that required standing. (R. 49). He also said his job required him to bend to put finished parts in a box that was located next to him, but the job did not require him to kneel. (R. 71). In 1991, his employer went bankrupt and plaintiff was laid off.

In March, 1992, while unemployed, plaintiff was involved in an automobile accident in which he injured his lower back, which exacerbated his back problems from an accident 25 years before. (R. 56). In the summer of 1993, he worked at a temporary job assembling fuel pumps. This job involved a lot of reaching and more standing- than his soldering job. It also required him to lift up to twenty pounds. Plaintiff testified that he would sit for three or four hours and then would have to stand for the remaining five or four hours. (R. 44). After two months, plaintiff was about to quit because of back pain, but he was laid off instead. (R. 40).

At the hearing before the ALJ in February, 1996, plaintiff testified that he did not feel that he could perform his former job of solderer because of the arthritis in his back, the bursitis in his shoulder, his diabetes, and problems with his eyesight. (R. 50-51). Plaintiff testified that he could sit or stand for two hours at a time without feeling pain. He could walk about a quarter of a mile, and he could lift ten pounds frequently. However, he could not do repetitive bending. (R. 76-77). Plaintiff also testified that he has constant pain in his lower back that he described as “like a toothache.” (R. 65, 67). He has numbness, a vague prickly feeling, in his right leg. (R. 65-66). His shoulder and elbow pain “comes and goes” but is not “that strong” if he does not do too much activity. (R. 67). Plaintiff also testified that he has diabetes and high blood pressure (R. 57), which cause him to experience dizziness and blurred vision in the morning from low blood sugar if he has not eaten. (R. 51). Although plaintiff testified that his visual acuity was not what it used to be and that he had recently been diagnosed with cataracts, there were no ophthalmology records or-other medical reports introduced to substantiate this claim. Plaintiff testified that he was taking Micronase (an oral hypoglycemic drug)1 for his diabetes, Ac-cupril for blood pressure control, and Oru-vail (an anti-inflammatory)2 for back pain. (R. 64-65).

As for his daily activities, plaintiff stated that he sometimes has trouble dressing himself. (R. 59). He used to go to the [196]*196grocery store but, because he has trouble standing for long periods, he now drives his wife to the store and waits for her in the car. (R. 61). His typical day consists of watching television, sometimes watching his six-month-old grandson (which at times requires him to pick up the baby), and occasionally visiting Mends. (R. 62-63). He has no trouble using the stairs in his house. (R. 38). Plaintiff testified that, approximately three times a day, he has to lie down when he gets tired of sitting. (R. 64).

The Vocational Expert who testified at the hearing described plaintiffs past work as a solderer as unskilled and sedentary. He described his assembly work as having a light range of exertion. (R. 75, 80). The ALJ posed three hypothetical questions to the Vocational Expert. First, assuming an individual was able to sit or stand for six hours out of an eight-hour workday with reasonable breaks, and was able to lift ten pounds frequently and twenty pounds occasionally, but was able to bend only occasionally due to pain, and assuming the person was of plaintiffs age, education, and past relevant work experience, could that person return to either of plaintiffs past jobs? The Vocational Expert testified that individual could return to either of plaintiffs past jobs. (R. 78). He further testified that, assuming that person had also developed cataracts such that he lacked the visual acuity to manipulate fine objects, that person could not return to plaintiffs past work but there would be other sedentary work he could perform. (R. 78). Finally, assuming that individual had bursitis and elbow soreness to the extent he could not perform reaching (but disregarding the vision problems), the Vocational Expert testified that individual could not perform plaintiffs relevant past work. (R. 79).

Plaintiff’s Medical Treatment

Beginning in 1989, plaintiffs primary treating physician was Dr.

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Bluebook (online)
43 F. Supp. 2d 192, 1999 U.S. Dist. LEXIS 3622, 1999 WL 167028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/molina-v-apfel-ctd-1999.