Sarette v. Sullivan

842 F. Supp. 36, 1994 U.S. Dist. LEXIS 843, 1994 WL 25356
CourtDistrict Court, D. Massachusetts
DecidedJanuary 25, 1994
DocketCiv. A. No. 92-10464-GN
StatusPublished

This text of 842 F. Supp. 36 (Sarette v. Sullivan) 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
Sarette v. Sullivan, 842 F. Supp. 36, 1994 U.S. Dist. LEXIS 843, 1994 WL 25356 (D. Mass. 1994).

Opinion

MEMORANDUM AND ORDER

GORTON, District Judge.

Pending before this Court is a review of the final decision reached by the Secretary of Health and Human Services (“Secretary”) under the Social Security Act, as amended, 42 U.S.C. § 405(g).

On January 25, 1990, Ronald E. Sarette filed an application for disability insurance benefits and supplemental security income claiming he has been unable to work since June 16, 1988 due to nerve damage and lack of mobility in his left hand and arm. Plaintiffs application was denied initially and after reconsideration by the Social Security Administration (“SSA”).

The Administrative Law Judge (“ALJ”) considered the matter de novo, and on February 1, 1991, found that plaintiff was not under any disability. On December 23,1991, the Appeals Council denied the request for review, rendering the decision of the ALJ the final decision of the Secretary of Health and Human Services. Plaintiff then filed this motion for summary judgment requesting that this Court vacate the Secretary’s decision and enter judgment for the plaintiff or in the alternative reverse and remand the ease for further proceedings.

I. FACTS

Plaintiff was 45 years old at the time of the ALJ decision, had previous work experience as a machine operator, truck driver and furniture mover. Plaintiff seeks to establish the onset of his disability as June 16,1988, when he fell from the back of a truck while at work and injured his left (non-dominant) wrist and forearm.

Plaintiff consulted many doctors including Drs. Veneziano, Lahey, Morgan and Giustolisi for his wrist pain. A closed reduction and cast application was performed by Dr. Veneziano in June 1988. In February 1989, plaintiff underwent surgery involving anterior transposition of the left ulnar nerve. Following surgery, plaintiff reported a reduction in numbness and pain in the wrist area. Dr. Morgan suggested that plaintiff be retrained for more sedentary tasks, clearly indicating that plaintiff was capable of working. None of plaintiffs doctors indicated that plaintiffs pain would prevent him from working.

Plaintiff testified that he takes only over-the-counter pain medication, he does not do any cooking or cleaning around the house and does not mow the lawn or shovel snow. He stated that he sometimes takes out the trash. However, in a disability report dated January 1990, plaintiff indicated that he washes dishes daily, dusts occasionally, visits with friends or relatives two to three times a week and drives an automatic car daily.

Non-examining physicians who reviewed the medical evidence concluded that plaintiff could perform light work. A vocational expert testified that all of plaintiffs past jobs involved heavy work. Nevertheless, there are a number of light jobs that require the use of only a single upper limb which the plaintiff is capable of performing.

[38]*38II. LEGAL ANALYSIS

A. Standard of Review

Review of the Secretary’s final decision is limited as mandated by 42 U.S.C., § 405(g). Factual findings by the Secretary must be affirmed if they are supported by substantial evidence. Id; Lizotte v. Secretary of Health and Human Services, 654 F.2d 127, 128-130 (1st Cir.1981). Although the record may arguably support more than one conclusion, the Secretary’s decision must be upheld, “if a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support (her) conclusion.” Ortiz v. Secretary of Health and Human Services, 955 F.2d 765, 769 (1st Cir. 1991) (quoting Rodriguez v. Secretary of Health and Human Services, 647 F.2d 218, 222 (1st Cir.1981)).

It is the responsibility of the Secretary to determine issues of credibility and to resolve conflicts in the evidence, not the courts. Id Where facts permit diverse inferences, the Secretary will be affirmed so long as the inferences drawn are supported by the evidence. Rodriguez Pagan v. Secretary of Health and Human Services, 819 F.2d 1, 3 (1st Cir.1987), cert. denied, 484 U.S. 1012, 108 S.Ct. 713, 98 L.Ed.2d 663 (1988); Lizotte, 654 F.2d at 128.

B. Disability Analysis

Plaintiff contends that the decision of the ALJ is not supported by substantial evidence and was an improper application of the law. Specifically, plaintiff alleges that the Secretary improperly applied the “reasonableness” test set out in 42 U.S.C., § 423(d)(5)(A), by finding that plaintiffs allegations of pain were not credible nor consistent with the objective medical signs and findings of record. Furthermore, plaintiff asserts that the Secretary required too strict a nexus between his allegations of pain and the objective medical signs and findings of record. This Court finds plaintiffs arguments unconvincing.

To establish entitlement to benefits, a plaintiff has the burden of proving that he has become disabled within the meaning of the Social Security Act. Bowen v. Yuckert, 482 U.S. 137, 146-47 n. 5, 107 S.Ct. 2287, 2294 n. 5, 96 L.Ed.2d 119 (1987); Deblois v. Secretary of Health & Human Services, 686 F.2d 76, 79 (1st Cir.1982). The Social Security Act defines disability in §§ 216(i)(1), 223(d)(1) and 1614(a)(3)(A) (42 U.S.C. §§ 416(f)(1), 423(d)(1) and 1382e(a)(3)(A)), as the inability:

to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve months.

Sections 223(d) and 1614(a) of the Act (42 U.S.C. §§ 423(d) and 1382c(a)), further provide, in pertinent part, that an individual:

shall be determined to be under a disability only if his physical or mental impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.

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842 F. Supp. 36, 1994 U.S. Dist. LEXIS 843, 1994 WL 25356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarette-v-sullivan-mad-1994.