Sastre v. Astrue

870 F. Supp. 2d 267, 2012 U.S. Dist. LEXIS 90239, 2012 WL 2479561
CourtDistrict Court, D. Massachusetts
DecidedJune 29, 2012
DocketCivil Action No. 10-10393-WGY
StatusPublished
Cited by8 cases

This text of 870 F. Supp. 2d 267 (Sastre v. Astrue) 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
Sastre v. Astrue, 870 F. Supp. 2d 267, 2012 U.S. Dist. LEXIS 90239, 2012 WL 2479561 (D. Mass. 2012).

Opinion

MEMORANDUM OF DECISION

WILLIAM G. YOUNG, District Judge.

I. INTRODUCTION

The plaintiff, Angel Sastre (“Sastre”), brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security (the “Commissioner”). Sastre challenges the decision of the Administrative Law Judge (the “hearing officer”) denying his application for Supplemental Security Income benefits. He argues that the Commissioner’s decision was not based on substantial evidence, specifically claiming that the hearing officer’s assessment of his residual functional capacity was improper because he afforded too little weight to the opinion of a reviewing physician, improperly discredited Sastre’s testimony, and should have found Sastre’s depression to be a severe impairment. Mem. Supp. PL’s Mot. Reverse Remand Decision Comm’r Soc. Sec. Admin. (“Sastre Mem.”) 1, 8, 17, ECF No. 17. Sastre requests that this Court reverse the decision of the Commissioner or remand the case to the Commissioner. Id. at 1. The Commissioner filed a motion for an order affirming his decision. Mem. Supp. Def.’s Mot. Order Affirming Decision Comm’r (“Comm’r Mem.”), ECF No. 20.

A. Procedural Posture

Sastre filed for Supplemental Security Income benefits on March 2, 2007, alleging disability since June 27, 2002. Admin. R. 120. On August 9, 2007, the Commissioner denied Sastre’s application. Id. at 73-74. Upon request for reconsideration, Sastre’s application was reevaluated and again denied on July 24, 2008. Id. at 67-70. Sastre requested an oral hearing on July 25, 2008, and the hearing took place on August 12, 2009. Id. at 21, 81-83. The hearing officer subsequently issued a decision unfavorable to Sastre on September 29, 2009, stating that Sastre was not disabled within the meaning of the Social Security Act from the alleged onset date through the date of the decision. Id. at 10-20.

The hearing officer’s decision was selected for review by the Decision Review Board (the “Board”), but the Board did not complete its review within the prescribed ninety-day period. Id. at 1-4. Consequently, the hearing officer’s decision became the final decision of the Commissioner. Id. at 1; see 20 C.F.R. § 405.420(a)(2) (2011)1. On March 5, 2010, Sastre filed the present action with this Court to review the decision of the Commissioner pursuant to 42 U.S.C. § 405(g). Compl., ECF No. 1.

[270]*270B. Factual Background

1. Medical Treatment Records

Sastre was forty-eight years old on the date he submitted his application. See Admin. R. 120. He worked as a mechanic in the United States from November 2001 to June 2002 and was previously a mechanic in Puerto Rico for nine years. Id. at 134, 291. There is a discrepancy in the record as to the highest grade of school he completed. See id. at 30, 140 (indicating highest grade completed to be eighth grade and then later twelfth grade).

On May 7, 2002, Sastre sustained a work-related injury that resulted in a hernia. Id. at 235-36. Sastre sought treatment for the abdominal pain from his treating physician, Dr. Roberto Feliz (“Dr. Feliz”), on the day the injury occurred. Id. Dr. Feliz found that Sastre had a large ventral hernia and referred him for surgery. Id. at 239. Due to the anxiety of surgery and wait for approval from his insurance carrier, Sastre did not undergo surgery to repair the hernia, despite Dr. Feliz’s advice that failure to have surgery could interfere with his ability to work. See id. at 230-35, 241. Instead, he returned to Dr. Feliz in January 2003 with further complaints of abdominal pain. Id. at 235. In March 2003, Sastre’s hernia was reevaluated by a surgeon who reported that the size of the hernia was about seven inches and bulging outward. Id. at 352. A review of the record suggests that Sastre has yet to undergo surgery to repair the hernia.

Sastre continued to report his hernia and abdominal pain during his medical appointments for the next several years and claimed that he could not work because of the hernia. Id. at 304, 339. On December 16, 2004, Dr. Danru Lee (“Dr. Lee”) reported that although Sastre did have a large ventral hernia, it was not severe. Id. at 341. Dr. Lee advised that Sastre wear a waist belt and that the injury should not completely limit his physical activity. Id. at 343.

Sastre has also had a long struggle with neck and back pain. He was first diagnosed with degenerative disc disease on March 28, 1996. Id. at 509. During that appointment, a magnetic resonance imaging (“MRI”) exam revealed that Sastre had degenerative disc disease at L2-3, L34, and L4-5 and a small, left-side disc herniation at L3-4. Id. at 509-10.

During an emergency room visit on December 4, 2005, Sastre complained of neck pain but no neck-related abnormalities were recorded then or at a follow-up appointment with Dr. Lee. Id. at 315-317, 326. Over the next five years, Sastre continued to complain of back and neck pain in his medical appointments. On June 20, 2006 and August 2, 2006, Sastre complained of back pain in two different appointments and imaging showed small spurs about his thoracic spine during a follow-up MRI. Id. at 297, 299, 309.

On March 7, 2007, Sastre visited Dr. Feliz who noted that Sastre showed moderate guarding, tenderness, and stiffness of the cervical spine. Id. at 225-26. With respect to Sastre’s lumbar spine, Dr. Feliz noted that there was moderate tenderness along the paraspinal muscles and moderate to severe tenderness from L2 to SI bilaterally. Id. at 226. Dr. Feliz also noted that Sastre had a limited range of motion on all planes, spasm and an antalgic gait of the lumbar spine, but grossly normal motor and sensory examinations, as well as normal reflexes for both lumbar and cervical examinations. Id. Based on these examination results, Dr. Feliz diagnosed Sastre with cervical IVD degeneration, cervical osteoarthritis, cervical radiculitis, lumbar IVD degeneration, and lumbar facet syndrome. Id. As a result, Dr. Feliz [271]*271recommended facetal joint injections to ease Sastre’s pain and opined that Sastre was temporarily totally disabled due to neck and back pain. Id. at 224.

Over the next two years, Sastre periodically met with Dr. Feliz to address his back and neck pain. See id. at 207, 214, 217, 475, 479, 481, 485, 497, 501. During these appointments, Dr. Feliz noted that Sastre’s condition was basically unchanged until he noted slight improvement in the level of stiffness and spasm, limping, guarding, and tenderness on November 13, 2007. See id. He treated Sastre with facetal joint injections and recommended in multiple appointments that Sastre remain physically and mentally active. Id. at 213, 222, 223, 477, 483, 488, 491, 499, 503. On May 5, 2007, Dr. Feliz recommended that Sastre remain working if possible. Id. at 213. On May 22, 2008, Dr.

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Bluebook (online)
870 F. Supp. 2d 267, 2012 U.S. Dist. LEXIS 90239, 2012 WL 2479561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sastre-v-astrue-mad-2012.