Smith v. Berryhill

254 F. Supp. 3d 365, 2017 WL 2491892, 2017 U.S. Dist. LEXIS 92000
CourtDistrict Court, N.D. New York
DecidedJune 6, 2017
DocketCIVIL ACTION NO. 3:15-00799-WGY
StatusPublished
Cited by1 cases

This text of 254 F. Supp. 3d 365 (Smith v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Berryhill, 254 F. Supp. 3d 365, 2017 WL 2491892, 2017 U.S. Dist. LEXIS 92000 (N.D.N.Y. 2017).

Opinion

MEMORANDUM & ORDER

YOUNG, D.J.1

I. INTRODUCTION

Ritchie Smith (“Smith”) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking this Court’s review of the decision of the Commissioner of the Social Security Administration (the “Commissioner”)2 denying Smith both disability insurance and Supplemental Security Income benefits (collectively, “benefits”). Compl. ¶ 1; ECF No. 1. Smith contends that the Commissioner’s decision applies incorrect legal standards and is not supported by substantial evidence. Id. ¶ 7. Specifically, Smith argues that the decision incorrectly concludes that he could engage in substantial gainful activity despite his physical and mental impairments. PL’s Br. Pursuant General Order No. 18 (“Pl.’s Br.”) 11-23, ECF No. 16. Smith also asserts that his daily activities were wrongfully used against him in assessing his residual functional capacity (“RFC”), credibility, and limitations. Id. at 22-23. The Commissioner counters that because the decision applies the correct legal standards and is based on substantial evidence, this Court ought affirm the decision. Def.’s Br. Pursuant General Order No. 18 (“Def.’s Br.”) 1, ECF No. 21. Following an extensive review of the administrative record", this Court affirms the Commissioner’s decision.

A. Procedural History

Smith initially protectively filed for benefits on June 4, 2009. Admin. R. 198.3 In [368]*368his application, Smith alleged that he was disabled.due to an injury in his left knee and mental depression. Id at 203. This application was denied on July 30, 2009. Id at 79, 83-84.

Smith then requested a hearing by a hearing officer,4 id. at 85-86, which was held on February 28, 2011, id. at 41. Following the hearing, the hearing officer issued a decision again denying Smith benefits. Id. at 16, 19-34. Smith administratively appealed this decision, id. at 13-14, but the Appeals Council denied the request for review, id. at 1, 7.

Following this denial, Smith Sought judicial review of the decision, and the United States District Court for the Northern District of New York subsequently remanded the case. Id. at 754-90. The Appeals- Council sent the case back to a hearing officer, id. at 750, who held a hearing, id. at 791-831, and then denied Smith benefits on April 29, 2015, id, at 714, 717-36. The hearing officer’s April 29, 2015 decision became final on June 29, 2015. See id. at 715.

This action, filed July 30, 2015, appeals that decision. Compl. ¶¶ 2-3. The Commissioner has filed an answer, Def.’s Answer, ECF No. 9, and the administrative record, Certification, ECF No. 11, and both parties have briefed the issues, PL’s Br.; Def.’s Br. After hearing oral argument on January 31, 2017,5 this Court took the matter under advisement. Minute Entry, Jan. 31, 2017.

B. Factual Background

Smith was born November 19, 1967. Admin. R. 198. He completed high school in 1986 and is trained in tractor trailer driving. Id. at 209. While in the workforce, Smith did manufacturing piece work for approximately five years and worked as a cleaner in a hospital for seven years and in two retail stores for periods of one and three months. Id. at 204. Smith also served as a sanitation worker for approximately six years, and, most recently, as a truck driver trainee from August 20-23, 2008, id., after which he allegedly stopped working because he could not physically do the work, id. at 47. Smith alleges that his disability began on February 15, 2009, when he could not get out of bed due to back pain. Id. at 45, 49.

1. Medical Evidence

Smith alleges that he suffers from obesity, Pl.’s Br. 1-2, a left knee injury, id. at 2-3, acute thoracic strain with spasms, kL at 3, fibromyalgia, id. at 5, carpal tunnel syndrome, id. at 6, depression and Bipolar II disorder, id. at 7-8, and sleep apnea, ⅛ at 8.6 Of the plethora of medical evidence contained in the administrative record, the most relevant are: (1) a medical source statement prepared by Dr. Datta after a consultative orthopedic examination on July 14, 2009, Admin. R. 493-96, (2) Physical Therapist Mansfield’s April 2011 assessment, ⅛ at 1989-93, (3) a consultative physical examination by Dr. Jenouri from April 2013, id. 1890-94, (4) Dr. Federow-icz’s January 2009 opinion, id. at 455-62, [369]*369(5) Dr. Schulman’s April 2009 opinion, id. at 463-66, (6) Dr. Wacendak’s medical source statement, id. at 595-600, (7) Dr. Mikloueich’s July 2014 assessment and accompanying treatment records, id. at 2099-2101, 2159-81, (8) Dr. Wiesner’s treatment notes, id. at 664-65, 667-68, 1610, 1622, 1624,1827, 1835-36,1838, 1840, 1843-45, 2039, 2046, 2058-59, 2089-91, (9) Dr. Fang’s various treatment notes and statements, id. at 542-44, 1986-88, (10) Dr. Noia’s consultative psychiatric examination of Smith, id. at 497-500, (11) Dr. Loomis’s psychiatric evaluation, id. at 1895-99, (12) Dr. Russell’s psychological evaluation, id. at 467-70, (13) Dr. Harding’s July 2009 mental RFC assessment, id. at 515-18, (14) Nurse Practitioner Cron’s treatment notes, id. at 1851-73, 2184-98, and (15) an assessment by Dr. Legg and Ms. Hubbard, id. at 2182-83.

In his medical source statement, Dr. Datta reported that Smith has “no limitations with his speech or hearing” nor “upper extremities for fine and gross motor activities”; but has “[m]ild to moderate limitations for sitting” and frequently needs to change positions; “[m]oderate to marked limitations for standing and walking”; “[m]arked limitations for climbing”; and cannot squat, kneel, or do any heavy lifting or carrying. Id. at 495.

Physical Therapist Mansfield ran a series of tests on Smith and concluded that he “appear[s] capable of performing sedentary to light work,” but “should avoid carrying weight,” “regular lifting[,] and bending”; should not “squat[ ] or kneel[ ]”; and should “minimize standing and climbing and ... change static position every 30 minutes.” Id. at 1989-90.

Dr. Jenouri’s medical source statement concluded that Smith has a “[m]ild restriction to walking, standing, and sitting long periods, bending, stair climbing, lifting, and carrying,” and that Smith “is restricted from mild or greater exertion.” Id. at 1894.

Dr. Federowicz opined on January 22, 2009, that Smith does not have severe symptoms and has “a moderate amount of disability from his knee difficulties,” but “is capable of performing a sit-down job as well as a sedentary type of job with regards to his lower extremities,” and “would be served with weight loss.” Id. at 455. Dr. Federowicz’s April 2009 Worker’s Compensation Evaluation indicated that he believed Smith has “50% or Moderate Disability.” Id. at 2031.

Dr. Schulman conducted an independent medical examination of Smith in April 2009. Id. at 463. Following the examination, Dr. Schulman opined that Smith “has a partial, moderate disability referable to the left knee.” M. at 465. Dr. Schulman noted that Smith “cannot do prolonged standing or walking or ladder climbing, kneeling, jumping or stair climbing,” and “is confined to a sedentary position.” Id. Regardless, Dr.

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254 F. Supp. 3d 365, 2017 WL 2491892, 2017 U.S. Dist. LEXIS 92000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-berryhill-nynd-2017.