Neff v. Astrue

875 F. Supp. 2d 411, 2012 WL 2870201, 2012 U.S. Dist. LEXIS 97432
CourtDistrict Court, D. Delaware
DecidedJuly 13, 2012
DocketNo. CA 10-685-RGA
StatusPublished
Cited by13 cases

This text of 875 F. Supp. 2d 411 (Neff v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neff v. Astrue, 875 F. Supp. 2d 411, 2012 WL 2870201, 2012 U.S. Dist. LEXIS 97432 (D. Del. 2012).

Opinion

MEMORANDUM OPINION

RICHARD G. ANDREWS, District Judge:

I. INTRODUCTION

Plaintiff Barbara Neff appeals the denial of her application for disability insurance benefits (“DIB”) under Title II of the Social Security Act. Jurisdiction exists pursuant to 42 U.S.C. § 405(g).

Pending before the Court are cross-motions for summary judgment filed by Neff and the Commissioner. (D.I. 22, 25). Neffs motion for summary judgment asks the Court to remand to the Commissioner with instructions to award her DIB, or, in the alternative, reconsider the Commissioner’s decision in light of this opinion. The Commissioner’s cross-motion for summary judgment requests that the Court affirm the decision to deny benefits.

II. BACKGROUND

1. Procedural History

Neff filed a request for disability in November 2007. The disability onset date was alleged to be May 31, 2007. Her claim was denied both initially and upon reconsideration. An oral hearing was held July 21, 2009 before an administrative law judge (“ALJ”). The ALJ denied Neffs application for benefits. The Appeals Council declined to overturn that decision, which thus became the final order of the agency. Neff filed a Complaint seeking-judicial review of the ALJ’s decision and a motion for summary judgment seeking benefits. (D.I. 2, 22). The Commissioner filed a cross-motion for summary judgment to confirm the denial of benefits. (D.I. 25).

2. Factual Background

Neff was 53 years old at the time she applied for disability benefits. Tr. at 145. Neff suffered a stroke in May 2007 and was hospitalized for over a week. Tr. at 282. Prior to her stroke, she worked as a project manager at a bank. Tr. at 42. In her application for benefits, Neff claimed disability due to the stroke, ensuing memory problems, depression, breast pain, restless and weak legs, rectal leakage, frequent gas, asthma, and diabetes. Tr. at 12-13. At her hearing, she also testified that she was treated for gastroparesis, numbness and tingling, urinary urgency, and osteoarthritis. Tr. at 13. Before the stroke, on April 11, 2007, she weighed 148 pounds. Tr. at 464. Neff testified that she was 5'2" and weighed 190 pounds at the time of the hearing. Tr. at 41-42. She worked as a bank clerk and project manager prior to the stroke. Tr. at 42^14. Her stroke caused her cognitive difficulties, including memory problems. Tr. at [415]*41555. After her stroke, she worked as a temporary receptionist for a few months. Tr. at 45. When that job ended, she discovered her typing skills were degraded and she completed a vocational program to gain skills. Tr. at 45. At the time of the hearing, she was employed as a mail clerk and worked five hours a day. Tr. at 46. Neff testified that she had a hard time working the part-time hours and became tired by 1:00 p.m. every day. Tr. at 46.

Neff testified about her gastroparesis, which made her unable to digest food and caused her to vomit once a week. Tr. at 47-48. Neff testified that she was depressed. Tr. at 62. She further testified to pains in her breast, neck and back spasms, and rated her pain as a seven out of ten when not medicated. Tr. at 49-50. Her doctors did not view her back spasms as serious enough to require treatment. Tr. at 49. Neff testified about her diabetes, which affected her gait and required that she use a cane. Tr. at 51. Her diabetes was not controlled. Tr. at 61. She took insulin four times a day and experienced numbness and tingling in her feet, but did not have open sores. Tr. at 52. She also had three stiff toes, and pain in the bottom of her foot. Tr. at 51. Neff testified that she was depressed. Tr. at 62. She did, however, take care of her personal hygiene, visit relatives, dress herself, do bills, go shopping, and was able to drive. Tr. at 57-58.

A vocational expert testified. Tr. at 64. The ALJ presented hypothetical questions to the expert consistent with her view of Neffs limitations:

Q: Now, we’re going to consider a hypothetical person who is about the claimant’s stated age at onset, that would be 53 years. This individual has a high school education, is able to read, write and do at least simple math. There are certain underlying impairments that place limitations on the ability to do work-related activities. We’ll start with a medium level of exertion, posturals are all occasional, but no climbing a ladder, rope [or] a scaffold. And environmentally this is a person who should avoid concentrated exposure to wetness, temperature extremes and humidity along with dust, odors, gases, fumes, poor ventilation and hazards. Within the parameters of the hypothetical, in your opinion, could such a person do any of the claimant’s past relevant work?
A: All of it.
Q: All right. Now let’s further change this hypothetical and indicate that there are additional impairments that would limit to simple, unskilled work. And let us also say that such a person would be ambulating with the aid of a cane. What impact, if any, would that have on the past relevant work?
A: None, your honor.

Tr. at 65.

c. The ALJ’s Decision

The ALJ rejected Neffs claim for DIB in a twenty-three page opinion on August 19, 2009. Tr. at 12-34. In support thereof, the ALJ found that the claimant had four severe impairments: “late effects of a cerebrovascular accident, diabetes mellitus, right leg hemiparesis, and obesity.” Tr. at 15. “The claimant [had] the residual functional capacity to perform medium work ... except that she could lift 50 pounds occasionally, 25 pounds frequently, stand or walk for 6 hours in an 8 hour day, sit for 6 hours in an 8 hour day, occasionally climbing a ramp or stairs, balancing, stooping, kneeling, crouching and crawling, but never climbing a ladder, rope or scaffold, avoiding concentrated exposure to wetness, temperature, and humidity extremes, gases, odors, fumes, poor [416]*416ventilation and hazards.” Tr. at 27. The claimant was capable of performing past relevant work as a project manager. Tr. at 33.

The ALJ therefore concluded that the claimant was not disabled.

III. STANDARD OF REVIEW

1. Review of ALJ Findings

The Court must uphold the Commissioner’s factual decisions if they are supported by “substantial evidence.” See 42 U.S.C. §§ 405(g), 1383(c)(3); Monsour Medical Center v. Heckler, 806 F.2d 1185, 1190 (3d Cir.1986). “Substantial evidence” means less than a preponderance of the evidence but more than a mere scintilla of evidence. See Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir.2005). As the United States Supreme Court has noted, substantial evidence “does not mean a large or significant amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct.

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Bluebook (online)
875 F. Supp. 2d 411, 2012 WL 2870201, 2012 U.S. Dist. LEXIS 97432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neff-v-astrue-ded-2012.