Pinnick v. Colvin

132 F. Supp. 3d 180, 2015 U.S. Dist. LEXIS 125810, 2015 WL 5554013
CourtDistrict Court, D. Massachusetts
DecidedSeptember 21, 2015
DocketCivil Action No. 14-12887-LTS
StatusPublished
Cited by1 cases

This text of 132 F. Supp. 3d 180 (Pinnick 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
Pinnick v. Colvin, 132 F. Supp. 3d 180, 2015 U.S. Dist. LEXIS 125810, 2015 WL 5554013 (D. Mass. 2015).

Opinion

ORDER ON PLAINTIFF’S MOTION TO REVERSE OR REMAND AND DEFENDANT’S MOTION TO AFFIRM

Leo T. Sorokin, United States District Judge

Plaintiff, Sean Pinnick (“Pinnick”), seeks reversal of the decision made by Defendant Carolyn Colvin, the Acting Commissioner of Social Security (“the Commissioner”), denying Pinnick’s claims for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) benefits. The Commissioner, in turn, seeks an order affirming her decision. Doc. Nos. 18, 26.

For the reasons set forth below, Pin-nick’s Motion to Reverse the Commissioner’s decision is DENIED, and the Commissioner’s Motion to Affirm her decision is ALLOWED.

I. BACKGROUND

A. Procedural History

Pinnick applied for DIB and SSI on April 7, 2011. A.R. at 192-207.1 Pinnick stated he was suffering from two slipped discs, a pinched nerve, and severe arthritis flare-ups. A.R. at 227. Pinnick initially claimed the onset date of his disability was June 30, 2008 but later amended the date to September 1, 2011. A.R. at 80, 181, 221-22. On November 7, 2011, Pinnick’s claims for DIB and SSI benefits were denied on initial review. See A.R. at 109-21. On December 1, 2011, Pinnick filed a disability report where he added the following physical conditions to those listed in his initial disability report: hypertension, gastroeso-[182]*182phageal reflux disease, chronic back pain, and sciatica. A.R. at 246. Pinnick then submitted a request for reconsideration which was received by the Social Security Administration District Office on December 21, 2011. A.R. at 122-23. On March 29, 2012, Pinnick's claims were denied on reconsideration. A.R. at 124-29. On August 2, 2012, Pinnick requested a hearing by an administrative law judge (“ALJ”). A.R. at 130. An ALJ first denied Pinnick’s request for a hearing on August 30, 2012, stating the request was untimely and a written request for an extension had not been provided explaining good cause for missing the sixty-day deadline. A.R. at 74-78, ISO-133. Pinnick requested a review of the ALJ’s decision on October 8, 2012 and alleged that neither he, nor his attorney, had received the notice of denial on reconsideration. A.R. at 134-39. On March 11, 2013, the Appeals Council vacated the ALJ’s decision, finding that Pinnick had good cause for missing the filing deadline. A.R. at 99-102. A hearing before an ALJ was held on July 25, 2013 where both Pinnick, represented by counsel, and an impartial vocational expert testified. See A.R. at 26-46. In a written opinion dated August 16, 2013, the ALJ denied Pinnick’s claims for DIB and SSI. A.R. at 11-23. On June 18, 2014, the Appeals Council denied Pinnick’s request for review of the ALJ’s decision, making it the final decision of the Commissioner. A.R. at 1-4. Pinnick proceeded to file this action for judicial review of the Commissioner’s decision on July 8, 2014, Doc. No. 1.

B.Pinnick’s History

Pinnick was fourty-seven years old on the date of the hearing and worked as a carpenter for twenty years until 2008 when he suffered a work-related injury after a steel panel dropped on his foot. See A.R. at 21, 32-33, 183-84, 192, 199. As of the date of his hearing, Pinnick was homeless and attended a day shelter, Bread & Jams. A.R. at 33. Pinnick has three adult children and grandchildren. See A.R. at 35, 418, 523. Pinnick’s date last insured for the purpose of DIB is December 31, 2013.2 A.R. at 14-16.

C.Pinnick’s Physical Impairments

The administrative record contains the following evidence of Pinnick’s physical impairments.

Pinnick sought treatment for complaints of gout and painful and swollen joints as early as the spring of 2009. A.R. at 287. He appeared in the emergency room complaining of severe gout pain on November 18, 2010. A.R. at 391-392. He again presented in the emergency room on December 8, 2010 with joint paint and had an aspiration of his knee, which revealed the presence of crystals in the removed fluid. A.R. at 399.

Pinnick was examined on December 22, 2010 by Dr. Amy Wasserman, a rheuma-tologist, together with Dr. Maureen Du-breuil, a rheumatology fellow, on a referral for polyarthritis. A.R. at 444-45. At that time, it was reported that Pinnick had a four-year history of the joint pain and swelling. A.R. at 444-45. Pinnick reported that he had been prescribed prednisone at various times for pain and swelling, which improved his symptoms, although they worsened when he discontinued of the drug. A.R. at 444. Dr. Wasserman’s mus-culoskeletal examination revealed a full, warm and slightly tender right olecranon bursa with a presence of nodules; slight synovitis in the left third through fourth [183]*183proximal interphalangeal (“PIP”) joints; warm synovitis in the right knee with pain on full flexion and no effusion; swelling, diffuse redness and pain on palpation/flex-ion in the right first metatarsophalangeal (“MTP”) joint; redness, slight swelling and tenderness to palpation in the left metatarsal base; and no visible bone deformity. A.R. at 444. There was no active synovitis or pain found in Pinnick’s shoulders, left elbow, wrists, hips, left knee, ankles, or other fingers and toes. A.R. at 444. Dr. Wasserman recommended prophylaxis with ^llopurinol and colchicine to treat Pinnick’s gouty arthritis, and counseled avoidance of dietary triggers such as alcohol. A.R. at 445. Pinnick also received an intramuscular injection of Depo-Medrol during the visit. A.R. at 445.

Pinnick saw Dr. Wasserman again on April 7, 2011 and reported pain and swelling in both knees, hands, feet, and elbows. A.R. at 447. He described the pain as daily and constant rather than episodic. A.R. at 447. Pinnick reported Allopurinol and col-chicine had been helpful and denied adverse effects from those mediations. A.R. at 447. The musculoskeletal examination during this visit found normal gait without assistive devices; normal upper extremities with the exception of a decreased range of motion in both shoulders; and normal lower extremities with the exception of a hal-lux valgus deformity in the right first MTP joint. A.R. at 447-48. Dr. Wasserman noted that the cause of some of Pinnick’s .joint pain may not have been gout and issued a referral for physical therapy. A.R. at 448. Pinnick’s neurological examination showed his sensation, coordination, strength, and reflexes were normal. A.R. at 448. Dr. Wasserman did not change Pinnick’s prescribed medications from his previous visit, counselled him to avoid dietary triggers, including alcohol. A.R. at 448-49.

Pinnick’s had another appointment with Dr. Wasserman on September 14, 2011, and he continued to report pain in both knees, hands, feet, and elbows, but denied numbness, significant swelling, and gouty flare. A.R. at 451. Pinnick’s musculoskele-tal examination revealed normal gait without assistive devices; normal upper extremities with the exception of a decreased range of motion in both shoulders; and normal lower extremities with the exception of the hallux valgus deformity on his right foot. A.R. at 451-52. Pinnick’s neurological examination showed his sensation, coordination, strength, and reflexes were normal. A.R. at 452. Dr. Wasserman advised Pinnick to continu'e taking Allopuri-nol and colchicine. A.R. at 452. Pinnick was also given Lidocaine to apply topically and was encouraged to pursue physical therapy. A.R. at 452-53.

Pinnick attended physical therapy from September 16, 2011 through January 23, 2012. See A.R. at 460-515.

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Bluebook (online)
132 F. Supp. 3d 180, 2015 U.S. Dist. LEXIS 125810, 2015 WL 5554013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinnick-v-colvin-mad-2015.