Smith v. Astrue

534 F. Supp. 2d 121, 2008 U.S. Dist. LEXIS 12319, 2008 WL 450933
CourtDistrict Court, District of Columbia
DecidedFebruary 21, 2008
DocketCivil Action 07-0485 (ESH)
StatusPublished
Cited by13 cases

This text of 534 F. Supp. 2d 121 (Smith v. Astrue) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Astrue, 534 F. Supp. 2d 121, 2008 U.S. Dist. LEXIS 12319, 2008 WL 450933 (D.D.C. 2008).

Opinion

*123 MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiff brings this action under the Social Security Act, 42 U.S.C. § 405(g), for review of a decision of the Social Security Administration (“SSA”) denying his claims for disability insurance and supplemental security income benefits. Currently before the Court are the parties’ cross-motions for judgment. The issue presented is whether substantial evidence exists to support the administrative law judge’s (“ALJ”) determination that plaintiff is not disabled because he retains the residual functional capacity (“RFC”) to perform a significant range of work that exists in significant numbers in the national economy. The Court holds that this finding is supported by substantial evidence in the record. Accordingly, defendant’s motion will be granted and plaintiffs motion will be denied.

BACKGROUND

Plaintiff Joseph Smith is a 49-year-old man who resides in Washington, D.C. He has a high school education and no additional training. (Administrative Record (“AR”) at 68, 262.) He has prior work experience as a dishwasher, inserter, driver/helper, floor waxer, and laborer. (AR at 63, 72, 262-63.) On October 18, 2004, plaintiff filed applications for disability insurance and supplemental security income benefits alleging that he had been disabled since March 6, 2004, due to low back pain. (AR at 17, 50-52, 62.) His claims were denied both initially and upon reconsideration. (AR at 29-39, 250-54, 256-58.) Thereafter, he received a hearing before an ALJ, who also denied his claims. (AR at 14-24.) The Appeals Council affirmed the decision, thus adopting it as the final decision of the agency. (AR at 6-10.)

I. Evidence before the ALJ

The evidence before the ALJ consisted primarily of (1) SSA disability and function reports completed by plaintiff in connection with his applications for disability benefits; (2) medical records from plaintiffs treating neurologist, Dr. Gary Dennis, and his primary care physician, Dr. Marcus Wallace, as well as physical therapy treatment records from Greater Southeast Community Hospital; (3) a Physical Residual Functional Capacity Assessment and a review of that assessment performed by state agency physicians; and (4) plaintiffs testimony regarding his medical condition.

Plaintiffs Disability and Function Reports. In his initial disability report in October 2004, plaintiff reported that he suffered from lower back pain. (AR at 62.) He stated that his condition limited his ability to work because it became “very pain full [sic] after a few hours standing or sitting” and that he had stopped working because it was “very hard to stand up and be productive in an 8 hour day.” (AR at 62.) In an undated disability report in support of his request for a hearing before an ALJ, plaintiff indicated that sometime in March 2005, he had begun to experience numbness and cramps in his left leg, increased pain when “straightening up,” and pain when straightening up after sitting “for a period of time.” (AR at 101.)

In November 2004, plaintiff completed a function report in which he stated that he experienced pain when bending, lifting, squatting, standing, reaching, walking, sitting or kneeling and that the pain interfered with his ability to sleep. (AR at 85, 89.) Nevertheless, plaintiff reported that his daily activities included caring for his granddaughter while her mother was at work, cleaning the house and doing whatever chores needed to be done, driving, going for walks, shopping, and attending church. (AR at 84-92.) In an April 2005 function report, however, plaintiff stated *124 that his daily routine consisted of doing as little as possible and lying in bed to remain comfortable. (AR at 93.) However, plaintiff also stated that he prepared meals, did laundry and went shopping approximately once a week and that his hobbies included playing ball and watching television. (AR at 95-97.) Although plaintiff stated that he did not drive, he explained that it was because he had no car. (AR at 96.)

Medical Records. Plaintiffs medical records indicate that Dr. Dennis diagnosed plaintiff with lumbar spondylosis and radi-culopathy, but found the results of his neurological examinations to be essentially normal. (See AR at 113-14.) Similarly, Dr. Wallace’s medical reports indicate that he diagnosed plaintiff with low back pain secondary to lumbar spondylosis and mild scoliosis; prescribed Flexeril, Motrin and Naprosyn for pain relief; and referred plaintiff to Dr. Dennis and to physical therapy for additional treatment. (AR at 117-29, 141-44.) However, Dr. Wallace’s examinations of plaintiff indicate that he found plaintiffs physical condition to be essentially normal. {See AR at 117-29, 141-44.)

In December 2004, however, Dr. Dennis completed a Medical Examination Report in connection with plaintiffs applications for disability benefits in which he stated that plaintiff “has restricted [range of motion] of [his] back worsened by sitting and standing 15-30 minutes.” (AR at 184.) Dr. Dennis also checked boxes on the form indicating that plaintiffs functional limitations were “moderate” (as opposed to nonexistent, mild, marked or extreme); 1 that plaintiff could sit for less than two hours, stand for less than two hours, and walk for less than two hours; and that plaintiff could lift or carry 10 pounds frequently and no more than 10 pounds total. (AR at 185.) The report also posed the question, “Does the patient’s medical condition prevent him/her from working?” While Dr. Dennis did not answer the question directly, he did state that “[p]atient is currently 100% permanently disabled. He needs vocational] rehabilitation] and job retraining.” (AR at 185.)

Dr. Wallace also completed SSA reports on plaintiffs behalf. In his November 2004 report, Dr. Wallace stated that plaintiff had “difficulty standing and walking for long periods of time,” but had achieved full weight bearing and had not undergone surgery. (AR at 141.) In this same report, Dr. Wallace noted some limitations on plaintiffs spinal flexion, extension, and rotation, but no limitations on plaintiffs range of motion in his shoulders, elbows, wrists, hips, knees or ankles. (AR at 142-43.) Dr. Wallace also noted that plaintiffs manual manipulative abilities were normal. (AR at 144.) Moreover, in December 2004, Dr. Wallace completed a Medical Examination Report in which he indicated that plaintiff experienced limitations on his abilities to walk, stand, stoop, kneel, lift, reach, push, and pull. (AR at 194.)

Plaintiffs physical therapy records reflect that while plaintiff experienced decreased mobility due to pain, his lower and upper extremity ranges of motion, strength, and balance were all within normal limits, his endurance was good, his posture was unremarkable, he exhibited full weight bearing, and he could perform all movements independently. 2 (AR at 155-57,162,175-76.)

*125 State Agency Residual Functional Capacity Assessments. Plaintiffs records also include the findings of two state agency physicians, Drs.

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Bluebook (online)
534 F. Supp. 2d 121, 2008 U.S. Dist. LEXIS 12319, 2008 WL 450933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-astrue-dcd-2008.