Stewart v. Barnhart

235 F.R.D. 579, 2006 U.S. Dist. LEXIS 31970, 112 Soc. Serv. Rev. 35
CourtDistrict Court, W.D. New York
DecidedMay 4, 2006
DocketNo. 05-CV-6245 CJS
StatusPublished
Cited by8 cases

This text of 235 F.R.D. 579 (Stewart v. Barnhart) 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
Stewart v. Barnhart, 235 F.R.D. 579, 2006 U.S. Dist. LEXIS 31970, 112 Soc. Serv. Rev. 35 (W.D.N.Y. 2006).

Opinion

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security (“Commissioner”), which denied plaintiffs application for disability insurance benefits and supplemental security income (“SSI”) benefits. Now before the Court is defendant’s motion for judgment on the pleadings (# 6) and plaintiffs cross-motion (# 8) for an order reversing the Commissioner’s decision and remanding the case for a calculation of benefits. For the reasons stated below, defendant’s motion is denied, plaintiffs motion is granted, and this matter is remanded for calculation of benefits.

PROCEDURAL BACKGROUND

Plaintiff applied for disability insurance benefits and SSI benefits on March 15, 2004, claiming to be unable to work due to “chronic pancreatitus, agrophobia, panic attacks and a bad back.” (R. 52.)1 The Social Security Administration denied the application on June 10, 2004. An administrative hearing was held on December 15, 2004, before an Administrative Law Judge (“ALJ”). The ALJ issued a Decision on January 12, 2005, finding that plaintiff was not disabled. (R. 12-18.) Plaintiff sought review from the Appeals Council, which denied his request on April 8, 2005. Plaintiff commenced the instant action on May 11, 2005.

FACTUAL BACKGROUND

At the time of the hearing in this matter, plaintiff was 33 years old, and that he left school after tenth grade. (R. 347.) He testified that, after leaving school, he never received a GED or any educational or vocational training. (R. 347.) Plaintiff was living with his parents, his sister and her two children in his parents’ home, and had regular visitation with his own two children (he was divorced). (R. 359.)

According to his earnings statements, plaintiff worked steadily from 1988 to 1994, then from 1996 to 1999. (R. 39, 40-42.) He worked irregularly in 2003 and stopped working in January 2004. (R. 46, 349.) His past employment included jobs in an auto parts store, a gravel pit, a tobacco pipe factory, as well as doing yard work and working as a substitute janitor and as a laborer. (R. 40-42, 53-54, 75-80, 91, 348-54, 366-67.)

Medical Evidence

The following is a summary of the medical evidence that was before the Administrative Law Judge. On April 6, 2003 plaintiff was admitted to Corning Hospital complaining of severe abdominal and back pain of approximately two weeks’ duration. (R. 98,101.) A CT scan of his abdomen and pelvis revealed pancreatic pseudocysts displacing his abdomen. (R. 101.) He remained in the hospital three days, and he was treated by Mark Mauer, M.D., who diagnosed plaintiff with pancreatitis. (R. 96-97.) In a follow-up appointment on May 6, 2003, Dr. Mauer discussed with plaintiff his ongoing alcohol abuse and recommended to him that he stop drinking and start attending Alcoholics Anonymous meetings. (R. 197.)

On July 7, 2003, plaintiff was again admitted to Corning Hospital complaining of abdominal pain, nausea, vomiting and back pain. (R. 107, 109.) He described his pain level at that time as 10 out of 10, dropping to three out of 10 after receiving morphine. (R. 109.) ACT scan of his abdomen and pelvis revealed that the pancreatic cyst had nearly doubled in size from the previous scan in April 2003. (R. 113.) After two days in the hospital, plaintiff was discharged and directed to follow-up with Dr. Mauer for treatment of his pancreatitis. (R. 108.)

On July 12, 2003, plaintiff again went to the emergency room at Corning Hospital complaining of abdominal pain, nausea, vomiting and back pain. (R. 116-18.) He described his pain level as 9 out of 10. (R. [582]*582117.) In evaluating a CT scan taken during this visit, Andrew McDonnell, M.D., confirmed the previous diagnosis of a large pancreatic cyst and, in addition, reported that the scan revealed numerous other cysts on plaintiffs pancreas. (R. 122.)

On July 18, 2003, plaintiff had a follow-up appointment with Dr. Mauer. (R. 194-95.) Plaintiffs weight had dropped to 137 pounds from 149.5 pounds in April, and he complained of chronic back pain. (Id.) Dr. Mauer arranged a gastroenterology consult and wrote in his clinic note, “patient may need pancreatic enzymes. He will follow-up after gastroenterology consult.” (R. 195.) Plaintiff had office visits with Dr. Mauer for other matters on August 1, 8 and 15, 2003. On these occasions, Dr. Mauer noted that plaintiffs weight was 135 pounds, 136 pounds, and 128 pounds, respectively. (R. 190-92.) During the August 1, 2003, visit, Dr. Mauer started plaintiff on Creon 10, a medication used to improve the digestion of persons with a pancreatic condition.2 (R. 193.)

On September 12, 2003, plaintiff checked into New Horizons Inpatient Program for alcoholism rehabilitation at United Health Services Hospitals in Binghamton, New York. (R. 123-58.) He was discharged on September 30, 2003, with his treatment completed. The discharge summary in the record (R. 126) noted that plaintiff was “in poor physical condition,” and that he “appeared to be apprehensive.”

On October 30, 2003, plaintiff again saw Dr. Mauer again, who reported that plaintiff was at 164 pounds. Dr. Mauer continued the prescription for Creon 10 and added Protonix for dyspepsia3 and Paxil for depression. (R. 189.)

On November 19, 2003, Dr. Mauer noted that plaintiffs weight had dropped to 160 pounds. He discontinued the Protonix and started plaintiff on Prevacid. (R. 188.)

On December 22, 2003, plaintiff returned to Dr. Mauer who increased the dosage of Creon because plaintiff was complaining of diarrhea. Dr. Mauer also discontinued Pre-vacid and started plaintiff on Nexium for treatment of his indigestion. He noted that plaintiffs weight was 166 pounds. (R. 187.)

On January 21, 2004, plaintiff saw Dr. Mauer complaining of continued upset stomach, low back pain, and right foot pain. At that time, plaintiff weighed 158 pounds. Dr. Mauer continued him on Nexium for dyspepsia and scheduled him for an upper endoscopy4 for further evaluation. (R. 186.) To treat his chronic low back pain, Dr. Mauer prescribed Darvoceb-N-100 and prescribed Questran to treat diarrhea. (Id.)

On February 5, 2004, plaintiff underwent a colonoscopy and biopsy followed by a eso-phagogastroduodenoscopy (“EGD”) and biopsy. (R. 163-68.) Richard J. Fastiggi, M.D., conducted that examination and wrote in his report that plaintiff had “[p]robable Barrett’s esophagus involving distal 3-4 cm of esophagus (biopsies pending) ... [and][a]pparent extrinsic compression in the distal greater curvature, antrum and duodenal bulb suspected secondary to persistent pseudocyst.” (R. 164.) Dr. Fastiggi advised plaintiff to increase the amount of Creon he took with each meal, to continue the Nexium for the Barrett’s esophagus and the Paxil for his [583]*583depression, that he continue to maintain a good program of staying off alcohol and eat a low-fat diet to decrease the steatorrhea. In addition, he advised plaintiff to obtain a repeat CT scan in the near future, and he recommended to plaintiff that, if it indicated his pancreatic pseudocyst was still present, he have a surgical consult to consider drainage. (R. 164.)

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

Related

Hanchett v. Colvin
198 F. Supp. 3d 252 (W.D. New York, 2016)
Camille v. Colvin
104 F. Supp. 3d 329 (W.D. New York, 2015)
Wells v. Colvin
87 F. Supp. 3d 421 (W.D. New York, 2015)
Colegrove v. Colvin
86 F. Supp. 3d 221 (W.D. New York, 2015)
Miller v. Colvin
85 F. Supp. 3d 742 (W.D. New York, 2015)
Beckers v. Colvin
38 F. Supp. 3d 362 (W.D. New York, 2014)
Hall v. Colvin
37 F. Supp. 3d 614 (W.D. New York, 2014)
Lesterhuis v. Colvin
53 F. Supp. 3d 596 (W.D. New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
235 F.R.D. 579, 2006 U.S. Dist. LEXIS 31970, 112 Soc. Serv. Rev. 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-barnhart-nywd-2006.