Scholtisek v. Colvin

110 F. Supp. 3d 464, 2015 U.S. Dist. LEXIS 80942, 2015 WL 3833659
CourtDistrict Court, W.D. New York
DecidedJune 22, 2015
DocketNo. 6:14-CV-6175 EAW
StatusPublished
Cited by7 cases

This text of 110 F. Supp. 3d 464 (Scholtisek v. Colvin) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scholtisek v. Colvin, 110 F. Supp. 3d 464, 2015 U.S. Dist. LEXIS 80942, 2015 WL 3833659 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Plaintiff Alan J. Scholtisek (“Plaintiff’) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking review of the final decision of Carolyn W. Colvin, Acting Commissioner of Social Security (“the Commissioner”), denying Plaintiffs application for disability benefits. (Dkt. I). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) Elizabeth W. Koennecke was not supported by substantial evidence in the record and was based on erroneous legal standards.

Presently before the Court are the parties’ competing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 8, II). For the reasons set forth below, this Court finds that the decision of the Commissioner is supported by substantial evidence in the record and is in accordance with the applicable legal standards. Thus, the Commissioner’s motion for judgment on the pleadings (Dkt. 11) is granted, and Plaintiffs motion (Dkt. 8) is denied. Plaintiffs complaint is dismissed with prejudice.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On October 12, 2010, Plaintiff protectively filed an application for disability insurance benefits and supplemental security income. (Administrative Transcript (hereinafter “Tr.”) 13, 52-54). Plaintiff alleged a disability onset date of September 29, 2008. (Id.). In his disability report, Plaintiff alleged the following disabilities: seizures, asthma, vision problems, foot problems, and pain and numbness in the knees and back. (Tr. 150). The Commissioner denied Plaintiffs application, and Plaintiff requested a hearing by an ALJ on March 30,2011. (Tr. 13).

On July 16, 2012, Plaintiff, represented by counsel, testified at a hearing via video-conference before ALJ Koennecke. (Tr. 34-51). On September 11, 2012, the ALJ issued a finding that Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 13-27).

On February 27, 2014, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the final decision of the Commissioner. (Dkt. 1 at 3-6). On April 14, 2014, Plaintiff filed this civil action appealing the final decision of the Commissioner. (Dkt. 1).

B. Plaintiffs Testimony

At the time of the administrative hearing, Plaintiff was a 53-year-old male. (Tr. 37). Plaintiff had vocational training in welding and had previously worked as a welder. (Tr. 37-38, 151). He lived alone and took care of his own grocery shopping. (Tr. 49).

Plaintiff testified that his toes were curled and he had pain in his feet rated nine out of ten on a pain scale. (Tr. 41). He had visited a podiatrist, but he did not [469]*469have surgery or any other treatment for his feet. (Tr. 42).

Plaintiff also testified that he experienced pain in his low back that could reach a pain level of eight out of ten. (Tr. 43). He stated that he could sit for about 15 minutes before he needed to move around due to pain. (Id.). He said that he could only stand in one place for approximately ten minutes before needing to move due to pain, and could walk “half a block” before needing to get off his feet. (Tr. 44). Plaintiff testified that he could lift 15 or 20 pounds before experiencing pain in his back, and noted that he could not “carry it far.” (Id.).

Plaintiff testified that he had a history of alcohol abuse and had spent time at an inpatient rehabilitation program. (Tr. 46). At the time of the hearing, Plaintiff stated that he drank approximately one six-pack of beer per day. (Id.).

C. Summary of the Medical Evidence

The Court assumes the parties’ familiarity with the medical record, which is summarized below.

On June 8, 2009, Plaintiff visited Nurse Practitioner (“NP”) Karen Gallagher for a physical examination. (Tr. 223-24). NP Gallagher checked Plaintiffs blood pressure and noted that Plaintiff denied pain. (Tr. 223). His examination was normal. (Tr. 224).

On June 9, 2009, Physician’s Assistant (“PA”) Natalie Ball treated Plaintiff for a rash on both arms and noted that Plaintiffs alcohol consumption was heavy as he drank a six-pack of beer daily. (Tr. 209).

Optometrist Matthew Casey treated Plaintiff on September 25, 2009, for complaints of blurred vision in both eyes. (Tr. 300). Dr. Casey assessed cataracts. (Id.).

NP Beth Lyyn De Vries examined Plaintiff on October 16, 2009, and noted that Plaintiff had been “feeling fine,” but had not been working. (Tr. 215). Plaintiff reported that he spent “a lot of time ‘hanging out’ at home and drinks and smokes out of boredom quite a bit. Drinks a 6 pack a day on most days, but drinks more some times[sic].” (Id.). NP De Vries prescribed Chantix to attempt tobacco cessation. (Tr. 216).

On January 27, 2010, Plaintiff treated with PA Ball for a rash that Plaintiff claimed had lasted for months. (Tr. 211-12). Plaintiff reported that he felt well and had no pain. (Tr. 212). PA Ball assessed a skin infection not otherwise specified and atopic dermatitis and prescribed Keflex and Elocon. (Id.).

Plaintiff returned to Dr. Casey on May 7, 2010, and Dr. Casey diagnosed cataracts, hyperopia, astigmatism, and presbyopia. (Tr. 301). Plaintiff received a glasses prescription on that date. (Id.).

On June 27, 2010, Plaintiff treated at Robert Packer Hospital after falling from a porch at a distance of seven to ten feet. (Tr. 258-95). The family reported an up to ten minute loss of consciousness, although Plaintiff denied this. (Tr. 258). Plaintiff reported that he drank approximately four beers that day, that he smoked approximately two packs of cigarettes per day and drank “anywhere from six to 12 beers daily.” (Id.). A CT scan of the head and chest “did not reveal any acute traumatic process.” (Tr. 259). Plaintiff was noted to have “some degree of renal failure” and was directed to follow up with his primary care physician. (Id.).

On June 29, 2010, psychiatrist Jay Shah conducted a psychiatric inpatient consult. (Tr. 261). A nurse had reported that Plaintiff was found talking to himself, chewing on his own sock and stated that he was eating the fish. (Id.). Plaintiff reported that he was in the hospital after falling shoveling snow. (Id.). Dr. Shah diagnosed “delirium secondary to general [470]*470medical condition, rule out alcohol withdrawal, delirium tremens, rule out Wer-nicke-Korsakoff psychosis, and alcohol dependence.” (Tr. 262). On July 2, 2010, Dr. Shah noted that Plaintiff was “significantly better.” (Tr. 263). Dr. Shah found that Plaintiff continued to have “waxing and waning clouding of sensorium” and recommended that Plaintiff may need “complete remission of his delirium” and removal of guns from his home before returning home. (Id.). Dr. Shah recommended that a social worker become involved to refer Plaintiff to AA meetings or alcohol rehab. (Id.).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
110 F. Supp. 3d 464, 2015 U.S. Dist. LEXIS 80942, 2015 WL 3833659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scholtisek-v-colvin-nywd-2015.