Slattery v. Colvin

111 F. Supp. 3d 360, 2015 U.S. Dist. LEXIS 84945, 2015 WL 3961159
CourtDistrict Court, W.D. New York
DecidedJune 29, 2015
DocketNo. 14-CV-6402 EAW
StatusPublished
Cited by14 cases

This text of 111 F. Supp. 3d 360 (Slattery 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
Slattery v. Colvin, 111 F. Supp. 3d 360, 2015 U.S. Dist. LEXIS 84945, 2015 WL 3961159 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Plaintiff Kathryn Suzanne Slattery (“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. 1). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) William M. Manico 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. 10, 12). 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. 12) is granted, and Plaintiffs motion (Dkt. 10) is denied. Plaintiffs complaint is dismissed with prejudice.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On January 9, 2012, Plaintiff protectively filed an application for disability insurance benefits. (Administrative Transcript (hereinafter “Tr.”) 150-51). Plaintiff alleged a disability onset date of June 26, 2011. (Tr. 150). In her disability report, Plaintiff alleged the following disabilities: chronic abdominal pain, anal dysplasia, herpes simplex virus (“HSV”) of the eye, bipolar disorder, and liver lesions. (Tr. 167). The Commissioner denied Plaintiffs application on April 10, 2012, and Plaintiff filed a request for an ALJ hearing on April 20, 2012. (Tr. 20).

On December 4, 2012, Plaintiff, represented by counsel, testified at a hearing via videoconference before ALJ Manico. (Tr. 39-75). Vocational Expert (“VE”) Ray Berger also appeared and testified. (Tr. 75-83). On January 25, 2013, the ALJ issued a finding that Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 20-34).

On May 23, 2014, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the final decision of the Commissioner. (Tr. 1-3). On September 13, 2014, Plaintiff filed this civil action appealing the final decision of the Commissioner. (Dkt. 1).

B. The Non-Medical Evidence

At the time of the administrative hearing, Plaintiff was a 36 year-old female. (Tr. 162). Plaintiff completed school through the ninth grade and passed the General Education Development (“GED”) tests. (Tr. 53, 168). Plaintiff indicated [364]*364she previously worked as a secretary, concierge driver, a cleaner for an auto repair shop, and had a number of other jobs throughout her life. (Tr. 42,168,189-90). Plaintiff lived with her family, including four children under the age of 18. (Tr. 42-43).

1. Plaintiffs Testimony

Plaintiff testified that she had pain in her intestines and esophagus, headaches, anxiety, and HSV keratitis in her left eye. (Tr. 41-42). Plaintiff testified that she was legally blind in her left eye. (Tr. 42). Plaintiff testified that eating caused her to become bloated and created significant pain or uncontrollable diarrhea. (Tr. 43). She took laxatives and dimatol for her irritable bowl syndrome. (Tr. 49). Plaintiff also received laser therapy treatments for anal dysplasia. (Tr. 43-44). Plaintiff had migraine headaches three to five times a month. (Tr. 60).

Plaintiff alleged diagnoses of bipolar disorder, borderline personality disorder, post-traumatic stress syndrome, Attention-Deficit/Hyperactivity Disorder, and Obsessive Compulsive Disorder. (Tr. 48). Plaintiff claimed multiple incidents have led to the posttraumatic stress, the most recent being when she was “taken to a place and drugged and people ... had sex with [her].” (Id.). She took Topamax and Buspar for her anxiety and bipolar disorder. (Tr. 49-50).

Plaintiff testified she was molested by family members and clergy as a child, which caused her to run away from home at the age of 15. (Tr. 51). Plaintiff claimed her physical pain and anxiety precluded her from ongoing relationships outside her family and limited her social activities. (Tr. 62).

Plaintiff testified she was limited to lifting up to ten pounds by her lumpectomy, but could not repeatedly lift it. (Tr. 67-68). Plaintiff believed her frequent bathroom trips would upset her and her supervisor. (Tr. 69). Plaintiff affirmed that at least once per hour she got incapacitating pain that prevented any kind of work activity. (Tr. 71). Plaintiff was fired from her previous job as a concierge driver due to her ongoing illness. (Tr. 76).

2. Vocational Expert Testimony

The ALJ presented VE Berger with a hypothetical question. (Tr. 75). The VE was asked to consider a hypothetical claimant with a GED who retained the physical residual functional capacity (“RPC”) to perform light work and may only occasionally balance, climb, stoop, kneel, crouch, or walk; should be allowed to alternate sitting and standing at intervals for approximately 20 to 25 minutes; should avoid concentrated exposure to hazards; retained the mental RFC to perform unskilled work involving simple instructions where interaction with others are routine, superficial, and incidental to the work performed; needed a regular work break approximately every two hours; and did not require excellent depth perception. (Tr. 75-76). The VE responded that the hypothetical individual could be employed as a package line worker or an assembler. (Tr. 78).

Plaintiffs attorney posed a second hypothetical to the VE with the same restrictions as the first hypothetical, except the claimant could not sustain work eight hours a day, five days a week, and would miss three days a month. (Tr. 81). The VE testified that these additional limitations would preclude employment. (Id.). The VE also affirmed that employment would be precluded if the claimant needed to take unscheduled breaks twice per hour for ten minutes each or was off task 20 percent of the day. (Id.).

C. Summary of the Medical Evidence

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

[365]*365On March 24, 2011, Plaintiff was presented to Catherine Lavigne, M.D., for evaluation and management of her migraine headaches. (Tr. 220-21). Plaintiff noted she had migraines since age 15. (Tr. 220). These migraines lasted for about a day and occurred once every six months. (Id.). Plaintiff also had caffeine withdrawal headaches that could occur several times a week if she did not have her afternoon coffee. (Id.). Plaintiff contracted HSV keratitis in her eye 12 years ago, leading to scarring of her cornea and retina. (Id.). Plaintiff had several outbreaks over the following years, each lasting three to five days. (Id.). Plaintiff stated that since she became sober in 1999, her keratitis had been doing better. (Id.).

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111 F. Supp. 3d 360, 2015 U.S. Dist. LEXIS 84945, 2015 WL 3961159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slattery-v-colvin-nywd-2015.