Saldin v. Colvin

34 F. Supp. 3d 271, 2014 WL 3828227, 2014 U.S. Dist. LEXIS 107189
CourtDistrict Court, E.D. New York
DecidedAugust 4, 2014
DocketNo. CV-13-4634 (ADS)
StatusPublished

This text of 34 F. Supp. 3d 271 (Saldin v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saldin v. Colvin, 34 F. Supp. 3d 271, 2014 WL 3828227, 2014 U.S. Dist. LEXIS 107189 (E.D.N.Y. 2014).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On August 16, 2013, the Plaintiff Christopher Saldin filed this appeal of a decision dated August 25, 2011 pursuant to Section 205(g) of the Social Security Act (the “SSA”), as amended, 42 U.S.C. § 405(g). That decision denied the Plaintiffs application for Social Security Disability (“SSD”) Benefits under sections 216(i) and 223(d) of the SSA. On June 19, 2014, the parties moved pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 12(c) for judgment on the pleadings. For the following reasons, the Court denies the Defendant Acting Commissioner of Social Security’s motion and grants the Plaintiffs motion to reverse the August 25, 2011 decision of the Defendant Acting Commissioner of Social Security and remand for a new hearing and decision.

I. Procedural History

On July 14, 2010, pro se Plaintiff Christopher Saldin filed an application for SSD Benefits. Transcript (“Tr.”) 67, 112-13. The Plaintiff alleges disability since September 1, 2008. Id. On November 17, 2010, the Plaintiffs application was denied. Tr. 79-82. On December 13, 2010, the Plaintiff requested an administrative hearing. Tr. 83-84.

On August 16, 2011, the Plaintiff appeared pro se at an administrative hearing before Administrative Law Judge (“ALJ”) Bruce MacDougall. Tr. 47-66. A hearing was held.

In a decision dated August 25, 2011, ALJ MacDougall found the Plaintiff not disabled. Tr. 32-43. The Plaintiff requested a review of the ALJ decision. Tr. 30. On June 19, 2013, the Appeals Council denied the Plaintiffs request for review. Tr. 5-12. This appeal followed. On June 19, 2014, both parties moved under Fed. R.Civ.P. 12(c) for judgment on the pleadings.

II. Factual History

A. The Plaintiff’s Background

The Plaintiff was born in 1975 and was 32 years old at the onset of his alleged disability. See Tr. 112. The Plaintiff completed a few years of college but did not receive a degree. Tr. 60. In the past fifteen years, the Plaintiff has been employed as a cashier, usher, retail salesperson, stocker, foundry worker, barista, coffee bean packer, dishwasher, delivery person, and dog walker. Tr. 51-56; see also Tr. 146, 152-57, 173-80. The Plaintiff states that he last worked full-time in 2008 and has since been disabled by depression, anxiety, irritable bowel syndrome (“IBS”), scoliosis, and insomnia. Tr. 145. From March 2010 through the date of the ALJ hearing, the Plaintiff worked four hours a week as a respite care worker. Tr. 53, 157.

B. The Nonr-Testimonial Evidence Presented in the Support of Plaintiff’s Initial SSD Claim

In a report dated September 10, 2010, the Plaintiff indicated that he lived with [274]*274his parents. Tr. 163. The Plaintiff prepared simple meals daily, cleaned, did laundry, but rarely did yard work. Tr. 165-66. The Plaintiff walked, rode in a car, used public transportation, and had a driver’s license. However the Plaintiff did not drive at the time because he did not have a car and had previously been involved in car accidents. Tr. 166. The Plaintiff stated that he was able to go out alone and did so daily. Id. However, the Plaintiff indicated that shopping made him angry, so he did it as quickly as possible and shopped for clothes only when needed. Id. The Plaintiff was able to handle money. Tr. 166-67.

The Plaintiff tried to watch movies, read books, and listen to music. Tr. 167. The Plaintiff stated that since the onset of his illness, he has less ability to focus and concentrate on these activities. Id. The Plaintiff visited the library weekly. Id.

The Plaintiff stated that he had problems speaking with people he did_ not know. Id. He lacked communication with his family and would sometimes “scare” his friends with his depression and anger. Id. The Plaintiff believed he had lost friends. Tr. 168. The Plaintiff was not likely to go out. Id. He found it difficult to motivate himself to do anything, but he spent some time with others. Tr. 167. The Plaintiff sent e-mails, visited friends, and talked on the phone, although anxiety and lack of energy made it difficult for him to call people. Id.

The Plaintiffs condition affected his ability to read, be patient with people, control his anger, “deal with Mends,” and sleep. Tr. 164. The Plaintiff had problems paying attention, remembering things, and completing tasks, but he was able to follow spoken and written instructions. Tr. 169-70. The Plaintiff had negative reactions to authority and would “zone out, do the opposite out of spite, or become agitated when told what to do,” depending on the person and his or her approach. Tr. 169. At most jobs, he had been spoken to about his attitude. Tr. 170. The Plaintiff contended that he had been dismissed from jobs or forced to quit because of “anger related anxiety.” Tr. 151. For example, he was fired from Whole Foods because he yelled at an co-employee that had yelled at him. Tr. 170. Stress or changes in schedule caused him anxiety, anger, and depression. Id.

The Plaintiff reported that he was on clonazepam for anxiety, Dicyclomine for IBS, Fluoxetine for depression, and Trazo-done for insomnia. Tr. 148.

C. The Evidence Presented in Support of the Plaintiffs Appeal to the ALJ

In a report completed by the Plaintiff in connection with his appeal of the SSA’s initial decision denying the Plaintiffs application for Social Security disability benefits, he reiterated that anxiety affected his ability to interact with others, drive, read, and write. Tr. 187. Also, the Plaintiffs anxiety affected his “ability to get up, search for work, leave the house, [and] make phone calls.” Id. He was taking clonazepam for anxiety, Concerta for attention deficit hyperactivity disorder (“ADHD”), Nexium for gastritis, and methocarbamol for muscle pain in his lower back, neck, and shoulders. Tr. 186.

1. The Testimonial Evidence from the Plaintiff

During the August 16, 2011 administrative hearing, the Plaintiff testified that he lived with his parents. Tr. 58. The Plaintiff did not perform household chores, although he offered to do so. Tr, 59. In his free time, the Plaintiff watched movies, used the computer, and tried to read. Id. The Plaintiff did not interact with many people and was very distant from most of [275]*275his Mends. Id. He had used marijuana four to five months prior to the hearing. Tr. 60-61. The Plaintiff hardly slept and felt like he had not rested in years. Tr. 63.

The Plaintiff had never been hospitalized for his conditions. Tr. 61. The Plaintiff had IBS for at least fifteen years. Tr. 64. Some days, the pain from IBS made it difficult for the Plaintiff to move. Id. The Plaintiff had been receiving outpatient therapy since 2008. Tr. 61. At the time of the hearing, the Plaintiff had weekly therapy appointments and monthly psychiatrist appointments. Tr. 61-62.

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Bluebook (online)
34 F. Supp. 3d 271, 2014 WL 3828227, 2014 U.S. Dist. LEXIS 107189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saldin-v-colvin-nyed-2014.