Richards v. Colvin

223 F. Supp. 3d 296, 2016 U.S. Dist. LEXIS 170462, 2016 WL 7178420
CourtDistrict Court, M.D. Pennsylvania
DecidedDecember 9, 2016
DocketCase No. 3:16-CV-598
StatusPublished
Cited by7 cases

This text of 223 F. Supp. 3d 296 (Richards v. Colvin) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richards v. Colvin, 223 F. Supp. 3d 296, 2016 U.S. Dist. LEXIS 170462, 2016 WL 7178420 (M.D. Pa. 2016).

Opinion

MEMORANDUM

Honorable Richard P. Conaboy, United States District Judge

I. Background.

We consider here Plaintiffs appeal from an adverse decision of the Social Security [298]*298Administration (“SSA”) on his application for Supplemental Security Income Benefits (“SSI”). Plaintiff had filed his application for SSI on May 31, 2013. The claim was denied at the administrative level on July 12, 2013 whereupon Plaintiff filed a request for a hearing. Plaintiffs hearing was held on November 4, 2014 before the Administrative Law Judge (“ALJ”), Richard Zack.

On November 20, 2014, the ALJ issued a written opinion denying Plaintiffs application for SSI. After Plaintiff requested review of the ALJ’s decision, the Appeals Council, by notice of February 11, 2016, affirmed the ALJ’s decision denying benefits. The Appeals Council’s action constitutes a final decision by the SSA and confers jurisdiction on this Court to hear Plaintiffs appeal pursuant to 42 U.S.C. § 405(g). The parties have briefed the issues (Docs. 16, 19, and 22) and this case is now ripe for disposition.

II. Testimony Before the ALJ.

On November 4, 2014, Plaintiff had his hearing before the ALJ. Testifying along with the Plaintiff were: Jeanette Dorsey and Heather Canfield, two lay persons who attested to Plaintiffs limitations; and Josephine Doherty, a Vocational Expert. Also present was Plaintiffs attorney, Joseph Blazosek,

A. Plaintiffs Testimony.

Plaintiffs testimony may be summarized as follows.1 He was a poor student while attending Pittston Area High School from which he graduated in 2012. For a time he was a special education student but at some point he was “mainstreamed”. He does not believe that being mainstreamed helped him and described his grades as “terrible”.

Plaintiff has a seizure disorder that has afflicted him since he was a child. He takes Lamictal for his seizure disorder and has been taking, it since he was “a little kid.” He had his most recent seizure about one month prior to his hearing. When he takes a seizure he feels lightheaded and then passes out. When this happens he often bumps his head or bites his tongue. He sees two physicians—Dr. Kahn and Dr. Cook. He also has treated at the Community Counseling Center but he discontinued treatment there when he enrolled at a Job Corps program in Drums, Pennsylvania. His other medications include Prozac for depression and Lipitor to control his cholesterol level.

Plaintiff is taking plumbing courses at the Job Corps Center. He states that his instructor tells him that he is “progressing pretty well” but that he has problems remembering what he has learned. This often results in a scenario in which he must re-learn skills he had previously mastered. Despite the fact that his teacher has told him that he’s progressing well, his completion percentage for the tasks he has been assigned to learn is only 38%. Plaintiff states that he knows how to perform such tasks as running water lines, soldering, and disassembling and reassembling water heaters, washers, and dryers.

At the time of his hearing, Plaintiff was living at Job Corps Center. He stated that he doesn’t associate much with his fellow students because they are from distant places and not like him. One half of each day is spent in learning plumbing skills and one half of each day is spent on academics. The only subjects Plaintiff is required to take are math and reading. If he could reach a certain proficiency level in math and reading he would then be permitted to spend all his time practicing [299]*299plumbing skills. He admitted to some frustration because he wants to learn his trade but cannot manage to get a qualifying score in his academic subjects.

Plaintiff has scant prior work history. He worked at T.J. Maxx in a job that required him to stack boxes on pallets and then wrap them in tape to secure them. He was able to perform this job but he could not do- it at the required pace and was terminated. He also worked briefly at Burger King, Arby’s, Mohegan Sun, and Savo’s Pizza but he encountered problems with managers who “would always get in his face and stuff.”

• Plaintiff also testified that his energy level is often low and he frequently tires. The campus at the Job Corps Center is large and he finds the amount - of walking he must do to be very tiring. At the end of his day he usually goes back to his dormitory and sleeps or watches a movie.

B. Testimony of Jeanette Dorsey.

Testimony was also received from Jeanette Dorsey.2 Ms. Dorsey is Plaintiffs grandmother. Ms. Dorsey stated that Plaintiff had lived by himself in an apartment on her block prior to enrolling at the Job Corps Center. She saw him daily when they were close neighbors. She has witnessed his seizures and testified that they have grown progressively worse as he got older. When he was younger they would be what she described as “blank stare” seizures. But as he got older they became grand mal seizures in which he shakes, passes out, often bites his tongue severely, and wakes up approximately 20 minutes later disoriented and not knowing where he is. Ms. Dorsey testified further that since Plaintiff has been at the Job Corps Center (a period of approximately 8 months) he has had “at least two or three seizures that I know of’, She stated that he does not manage his own medication and that the Job Corps distributes his medicine through its wellness center.

Ms. Dorsey also testified- about Plaintiffs school background. She stated that when he was a freshman in high school he was having trouble navigating his way from class to class and a special arrangement was needed so that all his classes could be scheduled in close proximity. In his sophomore year it was determined that vocational training might be best for him and he took his academic subjects in the morning and was transported to the vo-tech school in the' afternoon. He never really completed any class at the vo-tech school. He started to learn carpentry, woodworking, automotive repair, and then what Ms. Dorsey described as “security”, However, he was constantly switching classes and never completed one.

Ms. Dorsey also stated that her grandson has little energy and that he has two speeds—“slow and stop”. She states that he needs to constantly be reminded of how to do things that he has done before. She indicates that he can seemingly learn to do things but is unable to retain the information a day or even an hour later. With regard to his inability to do things quickly, Ms. Dorsey stated that he was fired at various jobs with Burger King, Arby’s T.J. Maxx, and Savo’s Pizza because he moves too slowly. She stated also that he lasted the longest (almost 90 days) at T.J. Maxx but he was let go because he could not meet their quotas.

C. Testimony of Heather Canfield.

Ms. Canfield’s testimony may be summarized as follows.3 She is a caseworker for Valley Youth House which runs a sup[300]*300portive housing program. She met Plaintiff because he had been referred to her employer in March of 2013. Ms. Canfield supervised Plaintiff while he and a roommate shared an apartment for approximately one year. The apartment was paid for by a series of grants.

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Cite This Page — Counsel Stack

Bluebook (online)
223 F. Supp. 3d 296, 2016 U.S. Dist. LEXIS 170462, 2016 WL 7178420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-v-colvin-pamd-2016.