Peters v. Colvin

133 F. Supp. 3d 273, 2015 U.S. Dist. LEXIS 127673, 2015 WL 5610815
CourtDistrict Court, D. Massachusetts
DecidedSeptember 23, 2015
DocketCIVIL ACTION NO. 14-11764-WGY
StatusPublished
Cited by2 cases

This text of 133 F. Supp. 3d 273 (Peters v. Colvin) 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
Peters v. Colvin, 133 F. Supp. 3d 273, 2015 U.S. Dist. LEXIS 127673, 2015 WL 5610815 (D. Mass. 2015).

Opinion

MEMORANDUM & ORDER

YOUNG, DISTRICT JUDGE

I. INTRODUCTION

This is an action under sections 1631(c)(3) and 205(g) of the Social Security Act through which Kelly Peters (“Peters”) seeks judicial review of the final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her Social Security disability (“SSDI”) benefits. Compl., ECF No. 1. Peters avers that the Administrative Law Judge (the “hearing officer”) did not base his denial of SSDI benefits on substantial evidence. Id. ¶ 9. Specifically, Peters argues that in deciding that she was not disabled because she was capable of performing her past relevant work, the hearing officer made a credibility determination that was not supported by substantial evidence. Mem. Law Supp. PL’s Mot. Order Reversing Comm’r’s Decision (“PL’s Mem.”) 17, ECF No. 16. Furthermore, Peters claims that the hearing officer did not give proper weight to the opinion of her long-term treating physician. Id. at 20. Thus, Peters asks this Court to reverse the decision of the hearing officer and award her SSDI benefits, Compl. 3, or alternatively, remand her claim for further assessment, PL’s Mem. 20. The Commissioner requests that this Court affirm her decision denying Peters SSDI benefits. Mem. Law Supp. Def.’s Mot. Affirm Comm’r’s Decision (“Defi’s Mem.”) 18, ECF No. 20.

A. Procedural Posture

On February 2, 2011 Peters applied for SSDI benefits, and on February 3, 2011, [276]*276she applied for supplemental security income, initially alleging a disability onset date of November 1, 2005. She later amended the disability onset date to August 10, 2009 at the administrative hearing. Compl. ¶ 4; Administrative Record (“Admin. R.”) .9, 30. Both applications were denied on June 16, 2011 and again after reconsideration on October 20, 2011. Admin. R. 9. After filing a written request, a hearing on her claim was held on January 22, 2013 in front of the hearing officer at the Boston Office of Disability. Id.; Compl. ¶ 6. The hearing officer denied Peters SSDI benefits in a decision dated February 15, 2013. Admin. R. 16; Compl. ¶ 7. Peters appealed the hearing officer’s decision, but on February 10, 2014 the Appeals Council informed her that it declined to review the hearing officer’s decision and as such, the decision was final. Admin. R. 1, Compl. ¶ 8.

On April 10, 2014, Peters filed the present action in the United States District Court for the District of Massachusetts seeking review of her claim pursuant to 42 U.S.C. §¶ 405(g) and 1383(c)(3). Compl. ¶ 3. Peters filed a motion and supporting memorandum seeking a reversal of the Commissioner’s decision. Pl.’s Mot. Order Reverse Comm’r’s Decision, ECF No. 15; Pl.’s Mem. In response, the Commissioner filed a motion and supporting memorandum requesting that her decision be affirmed. Def.’s Mot. Affirm Comm’r’s Decision, ECF No. 19; Def.’s Mem. Peters replied in further support of her motion. PL’s Reply Mem. (“PL’s Reply”), ECF No. 24.

B. Factual Background

At the time .of the alleged disability onset date of August 10, 2009, Peters was a thirty-one year old woman suffering from symptoms caused by fibromyalgia, osteoarthritis, overactive bladder, and degenerative disc disease. Admin R. 11; 30. The record contains voluminous evidence of medical treatment that occurred prior to her alleged disability onset date, but as this is not relevant to whether Peters was disabled in August 2009, it is not discussed in detail here. In December 2008, Peters sought medical treatment for widespread pain all over her body and a physical examination revealed trigger points, which are related to fibromyalgia. Admin. R. 404, 407. At this appointment, Peters stated that while she could perform household chores, she could not stand or carry more than 20 pounds for long periods of time. Id. at 404. On March 11, 2009 Peters returned to the doctor’s office complaining of various sources of pain. Id. at 744-45. The record confirms that she was diagnosed with fibromyalgia previously, but by April 2009, Peters told her treating physician, Dr. Nsa Henshaw (“Dr. Henshaw”), that her pain was reduced to a five out of ten and she was able to swim once a week. Id. at 743-44. Dr. Henshaw referred her to an acupuncturist because she “seem[ed] to have exhausted all classes of meds.” Id. at 744.

When Peters met with the acupuncturist, she stated that her pain was at a five or six out of ten, but the pain was constant. Id. at 759. Peters further informed the acupuncturist that while she was capable of caring for her then-two-year-old son, it was difficult and she could not pick him up on days when she experienced a great amount of pain. Id. She also stated that her pain was such that she could not go grocery shopping or do laundry. Id. at 760. At a follow-up visit with Dr. Henshaw, Peters stated that the acupuncture was ineffective as she continued to experience back pain, joint pain, and stiffness. Id. at 785-86.

On August 10, 2009 Peters went to the emergency room at Massachusetts General [277]*277Hospital complaining of back pain at a five out of ten on the pain scale. Id. at 789. An examination revealed that Peters’ back was tender and had a limited range of motion, but otherwise her exam was normal, including an absence of trigger points, despite her history of fibromyalgia. Id. at 790-91. The emergency room physician diagnosed Peters with back pain and discharged her. Id. at 791. On November 17, 2009 Peters suffered a neck strain, causing a spasm that limited her range of movement, for which she was given pain medication. Id. at 804-05. On December 16, 2009 Peters went to the emergency room again complaining of chest pain, but it was later determined that she experienced the pain in conjunction with cocaine use. Id. at 819. On January 29, 2010 Peters saw Dr. Henshaw for a follow-up visit regarding her fibromyalgia, and Peters reiterated that her back pain was constant, her feet and knee pains were intermittent, and she was stiff and experiencing fatigue. Id. at 818-19. Dr. Henshaw referred Peters to Massachusetts General Hospital for a second opinion regarding her fibromyalgia. Id. at 819.

At Massachusetts General Hospital, Peters was seen by Drs. Tabtabai and Pinals, and she informed them of her lack of successful treatment of her fibromyalgia and her inability to work for the past six years due to the pain. Id. at 827. A physical examination revealed symptoms consistent with fibromyalgia and osteoarthritis of the knees, and the doctors recommended exercise and a higher dose of medication. Id. at 828. On February 22, 2011 Peters again visited the emergency room because of neck and shoulder pain that had been ongoing for four days with a pain level of ten out of ten on the pain scale. Id. at 847. Her physical exam was normal besides stiffness and tenderness in the neck, and Peters was prescribed Ultram and Valium. Id. at 848-49. On March 9, 2011 Peters fell and hurt her left knee, and Dr. Henshaw stated that she was most likely suffering from patellar tendinitis; Peters was prescribed Motrin and physical therapy. Id. at 415.

On March 16, 2011 Dr. Henshaw filled out an arthritis questionnaire on which she noted that though Peters complained of chronic neck pain, she had not ever been diagnosed with arthritis. Id. at 422. Soon after, on March 25, 2011 Peters sought medical treatment complaining of ongoing fatigue and nausea but stated that she was not in any pain. Id. at 861-62.

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Bluebook (online)
133 F. Supp. 3d 273, 2015 U.S. Dist. LEXIS 127673, 2015 WL 5610815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-colvin-mad-2015.