Sanchez v. Colvin

134 F. Supp. 3d 605, 2015 U.S. Dist. LEXIS 130334, 2015 WL 5698413
CourtDistrict Court, D. Massachusetts
DecidedSeptember 28, 2015
DocketCIVIL ACTION NO. 14-12317-WGY
StatusPublished
Cited by10 cases

This text of 134 F. Supp. 3d 605 (Sanchez v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. Colvin, 134 F. Supp. 3d 605, 2015 U.S. Dist. LEXIS 130334, 2015 WL 5698413 (D. Mass. 2015).

Opinion

MEMORANDUM & ORDER

WILLIAM G. YOUNG, DISTRICT JUDGE

I. INTRODUCTION

This action is brought under sections 205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3). Compl. ¶ 1, ECF No. 1. The Plaintiff, Rafael Sanchez (“Sanchez”) seeks review of the final decision of the Commissioner of the Social Security Administration, denying Supplemental Security Income (“SSI”) benefits. Compl. ¶¶ 1, 11-15. Specifically, Sanchez claims that the Administrative Law Judge (the “hearing officer”) did not give proper weight to the testimony of Sanchez’s treating physician and psychiatrist, that he did not base his determination of Sanchez’s credibility on substantial evidence, and that he improperly relied on the testimony of the vocational expert. Pl.’s Mem. Supp. Mot. J. Pleadings (“Pl.’s Mem.”) 11, 17, 19, ECF No. 15. Thus, Sanchez contends, the Commissioner’s decision was “contrary to law,” and Sanchez asks this Court to either reverse the Commissioner’s decision and grant SSDI benefits, or alternatively, remand the case for further proceedings. Compl. ¶ 15. The Commissioner, conversely, asks this Court to affirm her decision. Mem. Supp. Def.’s Mot. Affirm Comm’r’s Decision (“Def.’s Mem.”) 20, ECF No. 21.

A. Procedural Posture

On August 25, 2010, Sanchez applied for SSI benefits. Administrative Record (“Admin. R.”) 274, ECF No. 11. His application was initially denied, so Sanchez requested a hearing before a hearing officer. Id. at 239. On March 7, 2013, a hearing was held, and on March 29, the hearing officer found that Sanchez was not disabled, and again denied his request for SSI benefits. Id. at 78. Sanchez then filed a request for an [608]*608appeal. On March 15, 2014, the request was denied. Id. at 1. The Appeals Council allowed Sanchez additional time to file a civil suit, and on May 29, 2014, he filed this action. Compl. ¶ 12.

B. Factual Background

Sanchez was forty-eight years old at the onset of his alleged disability, and had previously worked as a groundskeeper and tire changer. Admin. R. 107. He alleges disability as of September 1993, and claims he has been unable to engage in substantial gainful employment from that time through the present. Compl. ¶¶ 4-5.

1. Treatment at the North Shore Medical Center

Sanchez initially sought treatment for his conditions in August 2010, at the North Shore Medical Center. On August 17, 2010, Sanchez saw Dr. William Whitfield (“Dr. Whitfield”) for follow up treatment for his previously-diagnosed hepatitis C. Admin. R. 424. He had commenced treatment with PEG Interferon and Ribavirin, and was complaining of “generalized weakness” and “intermittent episodes of right upper quadrant ... discomfort.” Id. Sanchez’s medical records recounted his history of medical problems, including substance abuse, hypertension, lower back pain, and shoulder pain for which surgery was recommended. Id. After a physical examination and blood work, Dr. Whitfield diagnosed Sanchez with hepatitis C, and right upper quadrant pain. Id. at 429.

On September 8, 2010, Sanchez returned to the North Shore Medical Center and was seen by Dr. James Gottschall (“Dr. Gottschall”); Sanchez complained of ongoing abdominal pain, fatigue, and wheezing. Id. at 474. Dr. Gottschall echoed the previous diagnosis, and noted that Sanchez’s symptoms “could be” the result of his hepatitis C treatment. Id. at 477.

On December 1, 2010, Sanchez was seen again by Dr. Whitfield, after complaining of fatigue and widespread pain. Id. at 552. Dr. Whitfield requested blood work, id., but Sanchez apparently never followed through with the suggested appointment, id. at 553. On March 31, 2011, Dr. Whitfield stated in a questionnaire that Sanchez’s hepatitis C was in remission, and that his prognosis was good as long as he refrained from drug and alcohol use. Id. at 556. On June 20, 2011, Dr. Whitfield noted that Sanchez had completed his treatment with Interferon, and suggested that he stop taking Ribavirin, as it was causing abdominal pain and fatigue. Id. at 716-17. At this same appointment, Dr. Whitfield noted that Sanchez had still not completed his blood work, and that he did not provide a satisfactory explanation for his failure to have done so. Id. at 716. Dr. Whitfield did observe, however, that Sanchez’s hepatitis C remained under control. Id. at 716-17.

On September 13, 2011, Sanchez underwent an MRI, which showed “mild degenerative change at L5-S1, [which had remained] unchanged since [November 2010]. ... [and] moderate degenerative changes in the left glenohumeral joint and a chronic fracture deformity of the mid clavicle.” Id. at 706-07. Sanchez returned to Dr. Whitfield on October 13, 2011, complaining of occasional abdominal pain and tiredness, along with back pain, and during the physical examination Sanchez guarded his abdomen. Id. at 718. Dr. Whitfield also noted at this appointment that Sanchez still had not gotten his blood work done. Id.

Sanchez finally completed his blood work in May 2012, which revealed that his hepatitis C had been successfully treated: he did not “have any significant viral load.” Id. at 720-21. In June of 2012, Sanchez admitted that he had been using heroin, and that his request to increase his methadone dosage was denied. Id. at 720. He complained of abdominal pain and contin[609]*609ued lower back pain, so Dr. Whitfield ordered an MRI, which revealed gallstones, but showed that his liver was functioning normally. Id. at 710.

On February 13, 2013, Dr. Gottschall filled out a Multiple Impairment Questionnaire, in which he indicated that he saw Sanchez for treatment two to four times a year for his degenerative arthritis in his left shoulder and lumbar spine. Id. at 698. He also noted that surgery had been previously recommended for Sanchez’s shoulder impairment, id., and that the injury restricted Sanchez’s range of motion in his shoulder, id., and caused lower back pain, id. at 699. Dr. Gottschall further stated that Sanchez suffered from “moderate degenerative changes of the gleno-humeral joint and spurring of [the] inferior glenoid proeess[,]” as well as degeneration of the lumbar spine. Id. These conditions, according to Dr. Gottschall, caused Sanchez moderate pain in his shoulder and lower back, as well as a restricted range of motion in his left shoulder, and inhibited him from lifting heavy objects. Id. at 700-701. Dr. Gottschall also rated Sanchez’s complaint of fatigue as severe. Id. at 700.

Given his symptoms and conditions, Dr. Gottschall opined that Sanchez could sit for four hours and stand for two during an eight-hour workday, but that he would need to take a break after every thirty to sixty minutes of sitting. Id. In Dr. Gottsc-hall’s opinion, Sanchez should lift no more than five pounds, and even that only occasionally, and he had “[m]arked” limitation in his use of his left arm for reaching and grasping, and he was “moderately]” limited from using the left upper extremity for “fine manipulations.” Id. 701-702. Finally, Dr. Gottschall stated that Sanchez’s pain and fatigue were sufficiently severe as to interfere with his ability to concentrate, and indicated that Sanchez was not a “malingerer.” Id. at 703.

On March 8, 2013, Dr.

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Bluebook (online)
134 F. Supp. 3d 605, 2015 U.S. Dist. LEXIS 130334, 2015 WL 5698413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-colvin-mad-2015.