Rice v. Commissioner of Social Security

114 F. Supp. 3d 98, 2015 U.S. Dist. LEXIS 94894
CourtDistrict Court, W.D. New York
DecidedJuly 21, 2015
StatusPublished
Cited by1 cases

This text of 114 F. Supp. 3d 98 (Rice v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rice v. Commissioner of Social Security, 114 F. Supp. 3d 98, 2015 U.S. Dist. LEXIS 94894 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Pro se plaintiff Tammy Rice (“Plaintiff’) brings this action pursuant to 42 U.S.C. § 405(g),. seeking review of the final decision of the’Commissioner of Social Security (“the Commissioner”) denying Plaintiffs [101]*101application for' disability benefits. (Dkt. 1). Presently before the Court is the Commissioner’s motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 13). For the reasons set forth below, this Court finds that the decision of the Commissioner is supported, by substantial evidence in the record and is in accordance with the applicable legal standards. As a result, judgment is entered in favor of the Commissioner and Plaintiffs complaint,.is dismissed.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A.Overview

On April 15, 2011, Plaintiff filed an application for disability insurance benefits, alleging disability since January 26, 2011. (Transcript of Administrative Record (hereinafter “Tr.”) at 144-52). Plaintiffs initial request for SSD was denied on June 29, 2010. (Tr. 85-90). Plaintiff timely requested a hearing and appeared, represented by counsel, to testify at the hearing held on October 12, 2012, before Administrative Law Judge (“ALJ”) Edward I. Pitts. (Tr. 23-72).

On November 27,2012, the ALJ issued a decision determining that Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 9-17). The Appeals Council denied review on June 13, 2014, and the ALJ’s decision became the final decision of the Commissioner. (Tr. 1-4). Plaintiff then filed this action, on July 31, 2014. (Dkt. 1). .

B. Non-Medical Evidence

At the time of the ALJ’s decision, Plaintiff was a 42-year-old female with a high school'education. (Tr. 28, 181). Plaintiff had previously worked as a bus monitor and cafeteria monitor for the Corning County School District. (Tr. 28-29). Plaintiff testified that she injured her knees and aggravated an old back injury during a performance test on January 26, 2011, that prevented her from performing the lifting, walking, and stair climbing required by' her job. (Tr. 34-35).

Plaintiff testified that her most disabling impairments were her back and knee impairments.- (Tr. 49). She stated that she had other medical issues, - but acknowledged that those did not prevent her from working. (Tr. 44-47). Plaintiff claimed that she was unable to engage in many activities because of her pain. (Tr. 48). Plaintiff indicated that she needed a cane to walk and would also use a walker or scooter to help her ambulate. (Tr. 44-47).

Plaintiff státed that she could care for her personal needs but required up to three hours to shower and dress herself. (Tr. 53-56). Plaintiff testified that she spent the majority of her day in a seated position, but would alternate between standing, lying down,. and sitting during the day. (Tr. 59). Plaintiff claimed that she could only lift two pounds and could not bend to lift something from the floor. (Tr. 66).

C. Summary of the Medical Evidence

The Court assumes the parties’ familiarity with the medical record, which is summarized below.1

[102]*102On January 20, 2011, Plaintiff treated with physician’s assistant (“PA”) Kimberly Ryan for complaints of knee pain. (Tr. 239-40). Plaintiff reported that she had slipped on ice and fell at work several years earlier that .caused persisting pain and swelling. (Tr. 239). PA Ryan found mild swelling in the right knee and lower leg and minimal swelling in the left knee. (Tr. 241). Plaintiff indicated that she did not want to try injections or prescription medications, but rather preferred to start taking glucosamine supplements and participate in physical therapy. {Id.),

On January 27,2011, Plaintiff visited Dr. Khalid Manzoor with complaints of left calf pain, indicating that she had injured herself at work the day before. (Tr. • 312). Plaintiff informed Dr. Manzoor that she had injured her right knee approximately five to seven years earlier but had not had her knee examined at the time. {Id.). Dr. Manzoor examined Plaintiff and identified mild swelling in.the right knee only with full range of motion in both knees. {Id.).

Plaintiff visited Dr. Manzoor again on January 31, 2011, with complaints of knee and back pain. (Tr. 309). ■ Plaintiff claimed that her pain worsened with walking. {Id.). Dr. Manzoor identified mild .'swelling in the right knee and' prescribed ibuprofen for Plaintiffs' pain. (Tr. 310).

‘ On February 8, 2011, Plaintiff visited Dr. Peter Remec with complaints of knee pain. (Tr. 362-63). Plaintiff claimed that she had a history of knee problems due to prior work injuries. (Tr. 362). Dr. Remec noted' that Plaintiff walked without a limp or external support. {Id.). After conducting a physical examination, Dr. Remec opined that Plaintiffs symptomology was likely a result of deconditioning, and that her increase in symptoms was likely due to engaging in exertion with which Plaintiff was not accustomed. {Id.). Dr. Remec récommenfied that Plaintiff continue to take ibuprofen and prescribed physical therapy. {Id.). Dr. Remec opined that Plaintiff had a mild temporary disability and could engage in work activities that did not involve squatting, kneeling, or lifting more than 25 pounds. (Tr. 362).

Plaintiff returned to Dr. Manzoor on February 24, 2011, reporting back pain rated 4 out of 10 that worsened with bending. (Tr. 307). Dr. Manzoor noted mild tenderness on palpation in the spinal' and paraspinal areas, but Plaintiffs range of motion was intact. (Tr. 308). Dr. Manz-oor advised Plaintiff to continue taking Motrin and Tylenol PM. {Id).

On March 4, 2011, Plaintiff visited Dr. Kenneth Subin with complaints of bilateral knee pain. (Tr. 302). Plaintiff told Dr. Subin that she had injured her knee on January 26, 2011, during a performance test for a bus monitor . position. {Id.). Plaintiff claimed that her pain was 6 out of 10 in severity and was worsened by walking, lifting, standing, climbing stairs, or squatting. {Id.). Plaintiff stated that she took 400 mg of ibuprofen three or four times per week, and that the ibuprofen as well as rest and ice helped alleviate her pain. {Id.). Dr. Subin noted that Plaintiffs medical history reported a “íong history of knee problems” despite Plaintiffs claims that her knee pain was the'result of a recent injury. {Id.). Dr.' Subin found no evidence of muscle atrophy in either knee, but noted that Plaintiff was tender to palpation and had limited flexion in her knees. (Tr. 303-04). Plaintiff had a guarded gait and was unable to squat. (Tr. 304). Dr. Subin noted that a recent x-ray showed no abnormalities and that Plaintiffs physical therapy notes reflected that Plaintiff had a poor tolerance for therapy and had not made any significant progress.-■ {Id.). Dr. Subin ordered magnetic resonance imaging (“MRI”) studies of both of Plaintiff’s knees and advised Plaintiff to continue to apply ice and take ibuprofen as needed. [103]*103(Tr. 305). Dr.

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114 F. Supp. 3d 98, 2015 U.S. Dist. LEXIS 94894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-commissioner-of-social-security-nywd-2015.