Rand v. Barnhart

357 F. Supp. 2d 361, 2005 U.S. Dist. LEXIS 2800, 2005 WL 434424
CourtDistrict Court, D. Massachusetts
DecidedFebruary 24, 2005
DocketCIV.A. 04-10058-WGY
StatusPublished
Cited by4 cases

This text of 357 F. Supp. 2d 361 (Rand 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
Rand v. Barnhart, 357 F. Supp. 2d 361, 2005 U.S. Dist. LEXIS 2800, 2005 WL 434424 (D. Mass. 2005).

Opinion

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

This action was' brought pursuant to Section 205(g) of the Social Security Act, codified at 42 U.S.C. § 405(g). The plaintiff Nancy K. Rand (“Rand”) requests judicial review of the final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her Disability Insurance Benefits (“DIB”). Rand argues that the decision of the Administrative Law Judge (“hearing officer”) was not supported by substantial evidence, erroneously applied the governing legal standards for determining disability, and was actually contrary to the evidence presented. Mem. of Law in Supp. of Pl.’s Mot. for J. on the Pleadings [Doc. No. 9] at 4 (“Pl.’s Mem.”). Rand is seeking the reversal of the final judgment of the Commissioner, and requests that the matter be remanded for a new hearing. Id. at 1. In response, the Commissioner filed a motion to affirm her decision. Def.’s Mot. for Order Affirming the Decision of the Commissioner [Doc. No. 11],

II. BACKGROUND

A. Procedural History

Rand filed an application for DIB on June 7, 2000, claiming an onset of disability on January 15,1999. R. at 27-28. 1 The DIB claim was denied initially and on reconsideration. Id. at 27. Rand filed her request for a hearing on March 27, 2001, which was first held on February 20, 2002. Id. A supplemental hearing was held on November 25, 2002 in Boston, Massachusetts. Id. On March 27, 2003, the hearing officer, Robert L. Halfyard, denied Rand’s claim after conducting the hearings and *363 reviewing the evidence on record. Id. at 36. According to the hearing officer, Rand did not establish her eligibility for DIB because: (1) she did not demonstrate that her physical ailments medically equal the listed impairments under the Social Security Act; (2) she retains the residual functional capacity to perform certain forms of sedentary work; (3) her allegations regarding her impairments were not entirely credible in light of the medical record; and (4) she was not living with a “disability,” as defined by the Social Security Act at any time through the issuing of the decision. Id. at 35-36. Following the hearing officer’s unfavorable decision, Rand petitioned the Appeals Council of the Social Security Administration for a review on May 30, 2003. Pl.’s Mem. at 2. The Appeals Council denied Rand’s request for review on November 6, 2003, making the hearing officer’s written decision the final decision of the Commissioner. Id. On January 9, 2004, Rand filed her Complaint with the United States District Court for the District of Massachusetts. See Compl. at 1-3.

B. Facts

Rand was born on September 25,1954 in Massachusetts. R. at 322. She is married with two children and currently resides in Haverhill, Massachusetts. Id. at 323-24. Rand has a college education, and worked in the New Hampshire public school system for 23 years until the alleged onset of her disability in January of 1999. Pl.’s Mem. at 2-3; R. at 327.

In April of 2002, the New Hampshire retirement system granted Rand a permanent disability pension of one thousand dollars per month after it was determined that she could no longer teach. R. at 41. Rand was deemed to be a liability in the classroom due to the pain and weakness in her leg that caused her to trip and fall frequently. Id.

Rand testified at her second appearance before the hearing officer on November 25, 2002 that the pain caused by her physical ailments radiated down her right leg, creating a numb feeling along with a tingling and burning sensation from her knee down to her toes. Id. at 44. Rand also claimed that she experiences pain and numbness in both arms, from the neck down, and feels a burning sensation when trying to hold a cup, pen, or telephone. Id. She feels discomfort when sitting and prefers to stand, but is forced to lie down after a period of time to alleviate the pain in her back and her lower extremities. Id. According to Rand, the pain interferes with her sleep, affects her ability to drive or ride in cars for long distances, prevents her from going on family trips and school fieldtrips with her two sons, and impacts other daily activities. Id. at 52.

Following her retirement as a school teacher, Rand sought part-time work in Haverhill so she would not have to drive long distances. Id. at 56. With the limitations imposed by her physical problems and the downturn in the economy, Rand was unable to find suitable work in the local school system. Id. Rand is therefore no longer looking for work to supplement her retirement pension. Id. at 55-56.

C. Medical Evidence

Rand initially sought treatment in 1998 with Bruce Cook, M.D. (“Dr.Cook”) for persistent back pain that dated back five to six years. Id. at 241. The pain became more severe after she slipped and fell on a wet floor. Id. Dr. Cook’s physical examination produced essentially normal results, and he suspected, a soft tissue injury. Id. at 241-42. He prescribed Naprosyn and encouraged Rand to begin an exercise program to alleviate the pain. Id. at 242. Rand told Dr. Cook that the pain was diminishing in January of 1999, but an *364 MRI showed a clear-cut disc herniation. Id. at 239. Dr. Cook performed a lumbar laminectomy and disc excision in March of 1999. Id. at 29. By June of 1999, Rand’s back pain was diminishing, but was still present. Id. Rand’s sleeping patterns were improving, she was walking more, and she was gradually increasing her overall activities following the surgery. Id. Dr. Cook noted, however, that Rand was still experiencing occasional weakness in dorsi-flexion in the right foot and numbness after walking long distances. Id. Rand began complaining of numbness in her right arm and hand in August of 1999, following a fall. Id. Dr. Cook diagnosed Rand with post-traumatic carpal tunnel syndrome in the right arm after conducting an examination. Id. at 29-30. Rand visited Dr. Cook again in June of 2000 complaining of right arm pain. He noted that she had an absent triceps reflex on the right side with weakness in the muscle. Id. at 30. An MRI revealed herniations of the cervical spine. Id. Dr. Cook noted improvement in Rand’s physical ailments in later examinations that year. Id. By September of 2001, however, Rand was experiencing numbness and tingling in her hands. Id. Rand underwent EMG and nerve conduction studies, which revealed findings consistent with bilateral carpal tunnel syndrome. Id. Dr. Cook prescribed splints for both of Rand’s hands. Id.

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

Related

Harris v. Berryhill
D. Massachusetts, 2019
Adkins v. Colvin
D. Massachusetts, 2017
Arrington v. Colvin
216 F. Supp. 3d 217 (D. Massachusetts, 2016)
Pires v. Astrue
553 F. Supp. 2d 15 (D. Massachusetts, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
357 F. Supp. 2d 361, 2005 U.S. Dist. LEXIS 2800, 2005 WL 434424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rand-v-barnhart-mad-2005.