Rymer v. Colvin

62 F. Supp. 3d 265, 2014 U.S. Dist. LEXIS 148916, 2014 WL 5339690
CourtDistrict Court, W.D. New York
DecidedOctober 20, 2014
DocketNo. 1:12-CV-0644(MAT)
StatusPublished
Cited by1 cases

This text of 62 F. Supp. 3d 265 (Rymer v. Colvin) 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
Rymer v. Colvin, 62 F. Supp. 3d 265, 2014 U.S. Dist. LEXIS 148916, 2014 WL 5339690 (W.D.N.Y. 2014).

Opinion

DECISION AND ORDER

MICHAEL A. TELESCA, District Judge.

INTRODUCTION

Plaintiff Amy Lynn Rymer (“Plaintiff’), who is represented by counsel, brings this action pursuant to the Social Security Act (“the Act”), seeking review of the final decision of the Commissioner of Social Security (“the Commissioner”) that Plaintiff was not entitled to Disability Insurance Benefits (“DIB”) under Title II of the Act or eligible for Supplemental Security Income (“SSI”) under Title XVI of the Act. This Court has jurisdiction over the matter pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).

Presently before the Court are the parties’ motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Dkt. ## 12, 20. For the reasons that follow, Plaintiffs motion is granted, and the Commissioner’s cross-motion is denied.

BACKGROUND

Plaintiff filed an application for SSI on January 22, 2008, and an application for •DIB on February 8, 2008, alleging disability since February 1, 2007, due to bipolar disorder, depression, and anxiety. T.136-40, 166.1 Following the initial denial of those applications, Plaintiff requested a hearing, which was held via videoconfer[267]*267ence before ALJ Jennifer Whang on November 2, 2010. T.12-34.

Considering the ease dé novo and applying the five-step analysis contained in the Social Security Administration’s regulations,2 the ALJ made the following findings: (1) Plaintiff had not engaged in substantial gainful activity since February 1, 2007, her alleged disability onset date; (2) Plaintiffs bipolar disorder, anxiety, post-traumatic stress disorder (“PTSD”), and personality disorder were severe impairments; (3) her impairments did not meet or equal a listed impairment; and she retained the residual functional capacity (“RFC”) to perform work at all exertional levels, except that she was limited to simple, routine, and repetitive tasks, required a low-stress job, and should have only occasional direct interaction with others; (4) Plaintiff could not return to her past relevant work; and (5) Plaintiff could perform work that existed in significant numbers in the national economy. T.42-49.

The ALJ’s determination became the final decision of the Commissioner 'when the Appeals Council denied review on May 8, 2012. T.l-4. Plaintiff timely commenced the instant action. Dkt. # 1.

DISCUSSION

I. General Legal Principles

42 U.S.C. § 405(g) grants jurisdiction to district courts to hear claims based on the denial of Social Security benefits. Section 405(g) provides that the District Court “shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g) (2007). The section directs that when considering such a claim, the Court must accept the findings of fact made by the Commissioner, provided that such findings are supported by substantial evidence in the record.

When determining whether the Commissioner’s findings are supported by substantial evidence, the Court’s task is “to examine the entire record, including contradictory evidence and evidence from which conflicting inferences can be drawn.” Brown v. Apfel, 174 F.3d 59, 62 (2d Cir.1999) (quoting Mongeur v. Heckler, 722 F.2d 1033, 1038 (2d Cir.1983) (per curiam)). Section 405(g) limits the scope of the Court’s review to two inquiries: determining whether the Commissioner’s findings were supported by substantial evidence in the record as a whole, and whether the Commissioner’s conclusions are based upon an erroneous legal standard. Green-Younger v. Barnhart, 335 F.3d 99, 105-06 (2d Cir.2003).

II. Relevant Medical Evidence

Plaintiff was treated at Niagara Family Health Center beginning in 2007. On March 30, 2007, Plaintiff reported that she had been diagnosed with bipolar disorder, and she complained of increased depression, suicidal thoughts, and uncontrolled anger. T.284. She had been prescribed Effexor but it caused her to have difficulty sleeping. T.287. She was advised to take Effexor as early as possible in the morning, and Elavil was prescribed to help her sleep. Id.

On July 3, 2007, Plaintiff complained of worsening depression. She expressed suicidal thoughts, stating that she did not want to live anymore. Plaintiff was crying, had scratches/lacerations on her forearms, and appeared depressed and disheveled. T.197. The nurse practitioner found [268]*268that Plaintiff was a threat to herself and required a higher level of care for stabilization. Id. Plaintiff was transported by ambulance to Buffalo General Hospital, where she remained for nine days in the inpatient unit.' T.274-75. Upon discharge, Plaintiff was prescribed Elavil, Depakote, and Celexa, and Effexor was discontinued. T.275. She was to follow up with Lake Shore Behavioral Health (“Lake Shore”). Id.

On July 16 and 31, 2007, Plaintiff sought treatment at Lake Shore, where she reported ,mood instability, irritability, periods of depression, anger outbursts, “cutting” and suicidal gesturing, and dissociation since age 16. Over the past three years, her symptoms had been worsening, and she had difficulty maintaining consistent employment as a result. T.212. Id. her diagnoses were bipolar disorder, not otherwise specified; rule out post-traumatic stress disorder and personality disorder; and rule out borderline personality disorder. T.216. Her Global Assessment of Functioning Score (“GAF”) was 54, indicating moderate symptoms (e.g., flat affect and circumlocutory speech, occasional panic attacks) or moderate difficulty in social, occupational, or school functioning (e.g., few friends, conflicts with peers or co-workers).3 American Psychiatric Ass’n Diagnostic & Statistical Manual of Mental Disorders (“DSM-IV”) at 34 (4th ed.2000).

In August 2007, Plaintiff went to Erie County Medical Center (“ECMC”), stating that she wanted to hurt herself following an argument with her boyfriend. T.380-97. She denied lethality, and stated that she did not believe her current Depakote dosage was working. A mental status examination was unremarkable, and she was prescribed Klonopin for anxiety. T.386-88.

The next day, Plaintiff underwent a comprehensive behavioral health assessment at Lake Shore.

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Bluebook (online)
62 F. Supp. 3d 265, 2014 U.S. Dist. LEXIS 148916, 2014 WL 5339690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rymer-v-colvin-nywd-2014.