REHR v. Barnhart

431 F. Supp. 2d 312, 2006 U.S. Dist. LEXIS 27118, 2006 WL 1228875
District Court, E.D. New York·Decided May 9, 2006·No. 04-CV-5577(DRH)(ARL)·Published·Cited by 3 cases

Opinion

MEMORANDUM AND ORDER

HURLEY, District Judge.

INTRODUCTION

Plaintiff Patricia Rehr (“Plaintiff’) brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a final decision by the Commissioner of Social Security (the “Commissioner” or “Defendant”) which partially denied her claim for disability benefits. Specifically, the Commissioner found that Plaintiff had met the definition of statutory blindness as of January 4,1999, and was therefore disabled as of that date, but was not disabled for the period of July 1, 1996 to January 3, 1999. Presently before the Court are Plaintiffs and Defendant’s motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure (“Rule”) 12(c). For the reasons discussed below, Plaintiffs motion is denied and the Commissioner’s motion is granted.

BACKGROUND

1. Procedural Background

Plaintiff applied for disability benefits on March 18, 1997. (Tr. at 137-140.) 1 Plaintiff claimed that she was disabled due to “myopic degeneration” 2 and vision loss. (Id. at 191.) After the application was denied initially and upon reconsideration, (id. at 87-88, 106-09, 114-16), Plaintiff requested a hearing. (Id. at 117-18.) On October 7, 1997, a fully favorable decision was entered by an Attorney Advisor finding that Plaintiff was disabled since July 1, 1996. (Id. at 89-93.)

On March 20, 1998, the Appeals Council reopened the Attorney Advisor’s decision finding that a “revised decision is necessary.” (Id. at 95.) After remanding the case to an Administrative Law Judge (“ALJ”), (id. at 111-13), and after a hearing held on September 16, 1998, ALJ William Ingram issued a fully favorable decision on September 22, 1998, again finding that Plaintiff had been disabled due to visual impairment since July 1, 1996. (Id. at 101.)

On November 19, 1998, the Appeals Council, on its own motion, reviewed ALJ Ingram’s decision and found it to be “contrary to the weight of the evidence currently of record.” (Id. at 103.) The Ap *314 peals Council further found that because Plaintiffs vision was better than 20/200 in her right eye, her impairment did not meet the statutory definition of blindness, viz. a “central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.” 42 U.S.C. § 416(i)(l)(B); see also 20 C.F.R. § 404.1581.

Thereafter, Plaintiff submitted additional evidence to the Appeals Council suggesting that she was statutorily blind as of January 4,1999, and possibly earlier. 3 (Id. at 120.) By Order dated February 10, 1999, the Appeals Council once again remanded the case to an ALJ. (Id. at 119-21.) The Appeals Council instructed that Plaintiff should be given an opportunity to appear at a hearing and that medical expert evidence be obtained. (Id. at 120-21.)

On June 15, 1999, Plaintiff appeared before ALJ Richard Karpe. (Id. at 37-58.) ALJ Karpe considered Plaintiffs claims de novo and on June 25, 1999, issued a partially favorable decision finding that Plaintiff was statutorily blind as of January 4, 1999, but not prior thereto. (Id. at 18-24.) Plaintiff moved for review of this decision. By Order dated November 1, 2002, the Appeals Council vacated ALJ Karpe’s Order with respect to the period prior to January 4, 1999, and remanded the case for further administrative proceedings. (Id. at 270-72.)

In vacating ALJ Karpe’s decision, the Appeals Council found that there was conflicting evidence in the record as to whether Plaintiff had lost central visual acuity in her right eye prior to January 4, 1999, so as to meet the statutory definition of blindness. 4 Although Plaintiff claimed that she had no central acuity in her right eye prior to January 4, 1999 because her “fovea had been destroyed,” 5 (id. at 271), the Appeals Council was troubled by the fact that several of Plaintiffs treating doctors had reported that Plaintiff had a visual acuity in her right eye of at least 20/70 prior to this date, which “would not appear to be possible if [Plaintiffs] fovea had been completely destroyed.” (Id.; see also id. (noting that visual acuity of 20/70 “suggested]” that central vision had not been “obliterate[d]”.)) Finding a conflict in the record as to the medical evidence, the Appeals Council instructed that upon remand, the ALJ should obtain the testimony of an ophthalmologist or other specialist who

will be asked to address the question of whether the medical records establish that [Plaintiffs] fovea was destroyed ... during the period from July 1, 1996 to January 4, 1999 and, if so, what effect it had on her central visual acuity. The medical expert will be asked to comment on whether the visual acuity figures given during this period by various examiners represent central visual acuity as defined in [the appropriate regulations].

(Id. at 271.)

Upon remand, Plaintiff appeared before ALJ Karpe on September 3, 2003. (Id. at 59-86.) After considering Plaintiffs claim de novo, ALJ Karpe issued a decision on September 25, 2003, once again finding that Plaintiff was not statutorily blind pri- or to January 4, 1999, but that she had been statutorily blind since that date. (Id. at 10-16.) It is this decision which is the *315 subject of the instant appeal. The ALJ’s decision became final when the Appeals Council denied Plaintiffs request for review on October 27, 2004. (Id. at 4-8.)

II. Factual Background

A. The Medical Evidence

The medical evidence before ALJ Karpe is briefly summarized below.

1. Dr. Weber

In a letter dated July 16, 1996, Dr. Pamela Ann Weber, an ophthalmologist, reported that she evaluated Plaintiff on July 9,1996. (Tr. at 250.) Upon examination, Plaintiffs “visual acuity with correction” in the right eye was 20/70. (Id.) That same day, Plaintiff underwent laser treatment or photocoagulation in her right eye “in an attempt to control the lesion and prevent further loss of vision.” (Id. at 251.)

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REHR v. Barnhart, 431 F. Supp. 2d 312, 2006 U.S. Dist. LEXIS 27118, 2006 WL 1228875 (E.D.N.Y. 2006).

431 F. Supp. 2d 312 (REHR v. Barnhart) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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