Reeves v. Barnhart

263 F. Supp. 2d 154, 2003 U.S. Dist. LEXIS 8320, 2003 WL 21135688
CourtDistrict Court, D. Massachusetts
DecidedMay 12, 2003
DocketCIV. 02-30063-KPN
StatusPublished
Cited by10 cases

This text of 263 F. Supp. 2d 154 (Reeves 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
Reeves v. Barnhart, 263 F. Supp. 2d 154, 2003 U.S. Dist. LEXIS 8320, 2003 WL 21135688 (D. Mass. 2003).

Opinion

MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFF’S MOTION TO REVERSE and DEFENDANTS MOTION TO AFFIRM THE DECISION OF THE COMMISSIONER (Document Nos. 15 and 18)

NEIMAN, United States Magistrate Judge.

This matter is before the court pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), *156 which provide for judicial review of a final decision by Defendant, the Commissioner of the Social Security Administration (“Commissioner”), regarding Linda Reeves (“Plaintiff 1 ')’s entitlement to disability benefits. Plaintiff alleges that the Commissioner’s decision denying her Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) disability benefits — memorialized in an August 29, 2001 decision by an administrative law judge — is not supported by substantial evidence and is predicated on errors of law. Plaintiff has moved to reverse or remand the decision and the Commissioner, in turn, has moved to affirm.

With the parties’ consent, this matter has been reassigned to the undersigned pursuant to 28 U.S.C. § 636(c) for all purposes, including entry of judgment. For the reasons set forth below, Plaintiffs motion to reverse will be denied and the Commissioner’s motion to affirm will be allowed.

I. Standard of Review

A court may not disturb the Commissioner’s decision if it is grounded in substantial evidence. See 42 U.S.C. §§ 405(g) and 1383(c)(3). Substantial evidence is such relevant evidence as a reasonable mind accepts as adequate to support a conclusion. Rodriguez v. Sec’y of Health & Human Servs., 647 F.2d 218, 222 (1st Cir.1981). The Supreme Court has defined substantial evidence as “more than a mere scintilla.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Thus, even if the administrative record could support multiple conclusions, a court must uphold the Commissioner’s findings “if a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support [her] conclusion.” Irlanda Ortiz v. Sec’y of Health & Human Servs., 955 F.2d 765, 769 (1st Cir.1991) (citation and internal quotation marks omitted).

To be sure, the resolution of conflicts in evidence and the determination of credibility are for the Commissioner, not for doctors or the courts. Rodriguez, 647 F.2d at 222; Evangelista v. Sec’y of Health & Human Servs., 826 F.2d 136, 141 (1st Cir.1987). A denial of benefits, however, will not be upheld if there has been an error of law in the evaluation of a particular claim. See Manso-Pizarro v. Sec’y of Health & Human Servs., 76 F.3d 15, 16 (1st Cir.1996). In the end, the court maintains the power, in appropriate circumstances, “to enter ... a judgment affirming, modifying, or reversing the [Commissioner’s] decision.” 42 U.S.C. § 405(g).

II. Background

Plaintiff, born on January 19, 1964, is a high school graduate who attended, but did not finish, college. (Administrative Record (“A.R.”) at 23, 46.) Her employment history consists of work as a nutritional counselor, certified nurse’s aide, dental assistant, receptionist and cashier. (A.R. at 114, 138.) She lives with her husband and two children, ages seven and nine, in Plain-field, Massachusetts. (A.R. at 91, 93, 99.)

A. Medical History

Plaintiffs inability to work purportedly commenced on January 13, 1998, when she was involved in a car accident. (A.R. at 26, 89.) The main impairments which she claims to be disabling are neck and back pain, weakness and headaches. (See A.R. at 24, 29, 89.) Plaintiff states that these injuries impair her ability to work because the pain, which radiates down both arms and legs, limits her mobility and ability to function. (See A.R. at 24-30.) Plaintiff also maintains that her ability to stand or sit is substantially compromised when the pain is most severe. (See A.R. at 25.)

*157 Plaintiff was involved in two other motor vehicle accidents prior to January 13,1998, one in April of 1995, and the other shortly thereafter in May of 1995. (A.R. at 26.) Following the April accident, Plaintiff was treated by Dr. Eric Thompson. (A.R. at 305.) He concluded that Plaintiff had mild cervical spine tenderness and a limited range of motion in her neck, but he found no specific neurologic abnormality of motor or sensory functions. (Id.) X-rays of Plaintiffs cervical spine were negative. (A.R. at 175-76.) Dr. Thompson prescribed a soft cervical collar, analgesics and muscle relaxant medication. (A.R. at 305.)

Following the second car accident in May of 1995, Plaintiff was diagnosed with a mid and low back sprain as well as an acute cervical strain. (A.R. at 164, 302.) Plaintiff continued her treatment with Dr. Thompson who found that she had aggravated her prior cervical strain, but that her cervical spine radiographs appeared to be within normal limits. (A.R. at 302.) Thereafter, Plaintiff was prescribed and followed a course of physical therapy, but without relief. (See A.R. at 177-79.) In August of 1995, Dr. Thompson thought that Plaintiffs prognosis was “poor for return to full function” and that her condition was “well on its way to becoming a troublesome chronic pain syndrome.” (A.R. at 298.)

Later that year, in December, Plaintiff was examined by Paul Sayour, a chiropractor. (A.R. at 177-79.) Dr. Sayour found that Plaintiffs subjective complaints were consistent with cervical hyper-flexion, hyper-extension injury, lumbar facet syndrome and rib strain. (A.R. at 178-79.) Plaintiff thereafter underwent a course of chiropractic treatment consisting of manipulation, electric muscle stimulation and hot packs. (A.R. at 179.)

As indicated, Plaintiff was involved in a third accident on January 13, 1998, and claims that date as the onset of her disability. (See A.R.

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Bluebook (online)
263 F. Supp. 2d 154, 2003 U.S. Dist. LEXIS 8320, 2003 WL 21135688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeves-v-barnhart-mad-2003.