Sanchez-Ortiz v. Commissioner of Social Security

995 F. Supp. 2d 53, 2014 WL 494872, 2014 U.S. Dist. LEXIS 15824
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 7, 2014
DocketCivil No. 12-1655 (JA)
StatusPublished
Cited by7 cases

This text of 995 F. Supp. 2d 53 (Sanchez-Ortiz v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez-Ortiz v. Commissioner of Social Security, 995 F. Supp. 2d 53, 2014 WL 494872, 2014 U.S. Dist. LEXIS 15824 (prd 2014).

Opinion

OPINION AND ORDER

JUSTO ARENAS, United States Magistrate Judge.

On August 10, 2012, plaintiff filed this petition for judicial review of a final decision of the Commissioner of Social Security which denied her application for a period of disability and Social Security disability insurance benefits. The answer to the complaint was filed on January 15, 2013 (Docket No. 7). Plaintiff filed a memorandum against the final decision of the Commissioner on May 20, 2013 (Docket No. 21) and the defendant filed a memorandum in support of the final decision on July 23, 2013 (Docket No. 24).

The only issue for the court to determine is whether the final decision that plaintiff is not under a disability is supported by substantial evidence in the record when looking at such record as a whole. In order to be entitled to such benefits, plaintiff must establish that she was disabled under the Social Security Act from September 17, 2003, the alleged onset date of disability, to December 31, 2007, the date plaintiff last met the earnings requirements for disability benefits under the Act. See Evangelista v. Sec’y of Health & Human Servs., 826 F.2d 136, 140 n. 3 (1st Cir.1987).

Plaintiff filed her first application for disability benefits on September 30, 2002 claiming disability beginning on December 21, 2001. (Tr. at 210), but moved to withdraw the request fifteen months later as premature. (Tr. at 149). The motion was granted and that application was dismissed on June 24, 2004. (Tr. at 83). Plaintiff [56]*56filed a second application for a period of disability and disability insurance benefits on February 11, 2004. The application was denied initially and on reconsideration. A hearing was requested but the request was then withdrawn and a decision was made without a hearing. (Tr. at 101, 106).

After evaluating the evidence of record, Administrative Law Judge John D. McNamee-Alemany entered the following findings on September 11, 2007:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2009.
2. The claimant has not engaged in substantial gainful activity since February 7, 2002, the alleged onset date (20 C.F.R. § 404.1571 et seq.).
3. The claimant has the following severe combination of impairments: moderate carpal tunnel syndrome, cervical and lumbar sprains and affective disorder. (20 C.F.R. § 404.1520(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1525 and 404.1526).
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work except that she should be afforded the opportunity to alternate positions, refrain from repeated twisting, crouching, kneeling, balancing, or heavier exertions. Climbing could be contraindicated during exacerbations of pain. Her depression limits ability to perform complex tasks or deal with the public, but does not significantly interfere with memory, attention or concentration.
6. The claimant is capable of performing past relevant work as assembler. This work does not require the performance of work-related activities precluded by the claimant’s residual functional capacity (20 C.F.R. § 404.1565).
7. The claimant has not been under a disability, as defined in the Social Security Act, from February 7, 2002 through the date of this decision (20 C.F.R. § 404.1520(f)).

Tr. at 74-81.

The finding of the Commissioner reflects an application of step four of the sequential evaluation process. See 20 C.F.R. § 404.1520(e). At step four the initial burden is on the claimant to show that she can no longer perform her former work because of her impairment(s). Manso-Pizarro v. Sec’y of Health & Human Servs., 76 F.3d 15, 17 (1st Cir.1996); see Santiago v. Sec’y of Health & Human Servs., 944 F.2d 1, 5 (1st Cir.1991). Thence, the Commissioner must compare the physical and mental demands of the past work with the current functional capability. See 20 C.F.R. § 404.1560(b). At this stage, the administrative law judge is entitled to credit a claimant’s own description of her former job duties and functional limitations but has some burden independently to develop the record. See Manso-Pizarro v. Sec’y of Health & Human Servs., 76 F.3d at 17; Santiago v. Sec’y of Health & Human Servs., 944 F.2d at 5-6.

Petitioner sought a Request for Review of Hearing Decision on October 31, 2007. (Tr. at 66). By Order of the Appeals Council dated November 13, 2009, the Appeals Council granted the request for review under the error of law provision of 20 C.F.R. § 404.970, vacated the hearing decision and remanded the case to the administrative law judge for further proceedings. (Tr. at 63-64). It noted that a form [57]*57by a treating physician, Dr. Jose Crespo Rafols, who indicated extreme physical limitations on the part of plaintiff, was not addressed in the decision, thus requiring further evaluation. (Tr. at 63). The Appeals Council also noted petitioner’s carpal tunnel syndrome as a severe impairment, but no manipulation restrictions were identified from said impairment. A State Agency physician had indicated that petitioner’s ability to finger, feel and handle were limited and that her past work as assembler required frequent fingering, feeling and handling, thus warranting further evaluation.

The administrative law judge was directed to give consideration to the treating source opinion of Dr. Crespo Rafols, and explain the weight given to such opinion. The administrative law judge was also directed to give consideration to plaintiffs maximum residual functional capacity and provide appropriate rationale in support of the assessed limitations, including the carpal tunnel syndrome. (Tr. at 64). The administrative law judge was also directed, if warranted, to obtain evidence from a vocational expert to clarify the effect of the assessed limitations on plaintiffs ability to perform her past relevant work, and as applicable to her remaining occupational base.

Upon remand, after evaluating the evidence of record, Administrative Law Judge Hortensia Haaversen entered the following findings on May 4, 2010:

1.

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Bluebook (online)
995 F. Supp. 2d 53, 2014 WL 494872, 2014 U.S. Dist. LEXIS 15824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-ortiz-v-commissioner-of-social-security-prd-2014.