Monroe v. Barnhart

471 F. Supp. 2d 203, 2007 U.S. Dist. LEXIS 1876, 2007 WL 70422
CourtDistrict Court, D. Massachusetts
DecidedJanuary 10, 2007
DocketCivil Action 05-11512-WGY
StatusPublished
Cited by16 cases

This text of 471 F. Supp. 2d 203 (Monroe v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monroe v. Barnhart, 471 F. Supp. 2d 203, 2007 U.S. Dist. LEXIS 1876, 2007 WL 70422 (D. Mass. 2007).

Opinion

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

The plaintiff Diann E. Monroe (“Monroe”) brought this action pursuant to section 205(g) of the Social Security Act (the “Act”), 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Commissioner of Social Security denying Monroe eligibility for Social Security Disability Insurance and Social Security Income payments. Monroe challenges the decision by the Administrative Law Judge (“hearing officer”), arguing it was error to discount the opinions of her treating and examining physicians and, in turn, to adopt the opinions of non-examining physicians consulted by the Social Security Administration (the “Agency”). She asserts that the Commissioner’s decision was not supported by substantial evidence and thereby requests this Court reverse the decision and direct an award of benefits.

II. BACKGROUND

A. Procedural History

On July 22, 2003, Diann Monroe filed applications for Disability Insurance Benefits and Supplemental Security Income payments. Transcript (“Tr.”) at 14. Her initial request and her request for reconsideration were denied. Id. Monroe filed a timely appeal and a hearing was scheduled for December 13, 2004, in Boston, where Monroe’s case was heard by hearing officer Stephen Fulton. Id. at 14-27. At the hearing, Monroe testified that she had been disabled since August 31, 2002, due to arthritis, high blood pressure, and depression. Id. at 14. After a review of the evidence and Monroe’s testimony, the hearing officer issued an opinion on March 18, 2005, finding Monroe not disabled within the meaning of the Act and able to return to her past relevant work. Id. at 26. Monroe subsequently filed for review by the Appeals Council, which affirmed the hearing officer’s decision and prompted Monroe to bring this action in this Court on July 18, 2005.

B. Factual Background

Monroe is a fifty-four-year-old high school graduate residing in Roxbury, Massachusetts. Tr. at 31, 51. She had worked for the Polaroid Corporation in Norwood, Massachusetts, for twenty-five years until 2001. Id. at 31. During that period, she held the positions of a packer, assembler, repairperson, and lead worker. Id. at 31-37. She claims that she had arthritis while she was working, but that it became significantly worse after she was laid off, which made it more difficult for her to find a new job. Id. at 41. She alleges that she has been disabled since August, 2002, due to her arthritis, depression, and high blood pressure. Id. at 14. Monroe admits that she has a history of alcohol abuse and her primary care physician also notes she is anemic. Id. at 200.

1. Medical Evidence
A. Physical Conditions

Monroe began seeing her primary care physician, Dr. Theresa Kim, in March 2003. Tr. at 199. Monroe sought treatment for arthritis, stating she could no longer open jars and was experiencing stiffness in the morning that lasted for more than an hour. Id. at 168. An exami *206 nation revealed no cyanosis, clubbing, ade-ma, or variscosities; her left knee had crepitus, but was otherwise unremarkable. Id. Dr. Kim made a note of tenosynovitis in her wrist that affected her grip. Id. Dr. Kim accordingly prescribed Vioxx and made a referral for her to visit the arthritis clinic. Id. Dr. Kim also diagnosed Monroe as having high blood pressure and prescribed medication. Tr. at 169.

On June 6, 2003, by referral from Dr. Kim, Monroe had an x-ray of her hands and wrists. Tr. at 164. The images were reviewed by Drs. Sidney Pollack and Shawn McGuire. Id. They found “no fracture, dislocation or other significant bony abnormality.” Id. The doctors also stated that “[t]he overlying soft tissues are unremarkable.” Id.

In either May or June of 2003, Monroe saw a rheumatologist for her arthritis. Tr. at 162. Drs. David Felson and Grace Lo discovered that she had bilateral small joints of the hands with bilateral wrist and ankle synovitis. 1 Id. Monroe had complained of morning stiffness that would last throughout the entire day. Id. The physicians stated that the “clinical picture was very convincing for rheumatoid arthritis.” Id. The physicians placed Monroe on two medications, Plaquenil and Predni-sone, during her first visit. Id.

Upon Monroe’s return visit on July 31, Drs. Felton and Lo found a great improvement. “The [patient] has had a complete resolution of her joint swelling and stiffness.” Tr. at 162. They did indicate that Monroe was complaining of occasional cramping in the legs, but reported that there was no longer evidence of synovitis and that the patient was “doing quite well with respect to her arthritis.” Id. at 162-63.

On August 15, 2003, Monroe had another appointment with Dr. Kim. Tr. at 158. Monroe told Dr. Kim that her arthritis had improved. Id. She said she was able to open jars and that her morning stiffness was gone. Id. Despite her improvements, however, she mentioned that she was still experiencing some aches in her calves, which were worse when she stood. Id. She also said she felt better when she stayed off her feet, but claimed the pain was worse at the end of the day when sitting. Id.

On a September 19, 2003, visit, Dr. Kim commented in her notes that “[Monroe] gets up from [the] chair easily today.” Tr. at 156. Dr. Kim also noted Monroe’s complaints of achiness and tenderness in her joints; there was, however, no swelling found. Id. at 154. Dr. Kim reported that the pain in Monroe’s elbow, shoulder, right hip, and left knee was “day to day.” Id.

There are no further treatment notes in the record from Dr. Kim after Monroe’s September 19th appointment, but in letters dated January 20 and April 23, 2004, Dr. Kim described Monroe’s medical and psychological impairments to the Social Security Disability Determination Services as disabling and preventing her from returning to work. Tr. at 193, 199. These letters were nearly identical. See id. Each referenced Monroe’s treatment history, including an additional visit on November 21, 2003, 2 and went on to describe her symptoms. See id. at 193-201. Dr. Kim noted Monroe’s depression as causing so *207 cial isolation and avoidance of her friends and family. Id. at 194. She stated that Monroe was experiencing anhedonia, 3 feelings of worthlessness, and decreased energy since May 2003 and stated that Monroe’s physical impairments exacerbated her depression.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

ANDREWS v. Berryhill
D. Massachusetts, 2022
Dion v. Berryhill
D. Massachusetts, 2021
Murillo v. Saul
D. Connecticut, 2020
Miller v. Berryhill
D. Connecticut, 2019
Deane v. Colvin
247 F. Supp. 3d 152 (D. Massachusetts, 2017)
Arrington v. Colvin
216 F. Supp. 3d 217 (D. Massachusetts, 2016)
Woodie v. Colvin
190 F. Supp. 3d 242 (D. Massachusetts, 2016)
Botelho v. Colvin
153 F. Supp. 3d 451 (D. Massachusetts, 2015)
Patterson v. Colvin
95 F. Supp. 3d 104 (D. Massachusetts, 2015)
Martinez-Lopez v. Colvin
54 F. Supp. 3d 122 (D. Massachusetts, 2014)
McGrath v. SSA
2012 DNH 060 (D. New Hampshire, 2012)
Egan v. SSA
2012 DNH 025 (D. New Hampshire, 2012)
Ault v. SSA
2012 DNH 005 (D. New Hampshire, 2012)
Beck v. SSA
2011 DNH 146 (D. New Hampshire, 2011)
Morin v. SSA
2011 DNH 091 (D. New Hampshire, 2011)
Valiquette v. Astrue
498 F. Supp. 2d 424 (D. Massachusetts, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
471 F. Supp. 2d 203, 2007 U.S. Dist. LEXIS 1876, 2007 WL 70422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-v-barnhart-mad-2007.