Tavoletti v. Sullivan

732 F. Supp. 578, 1989 U.S. Dist. LEXIS 16509, 1989 WL 200335
CourtDistrict Court, W.D. Pennsylvania
DecidedDecember 12, 1989
DocketCiv. A. No. 89-144
StatusPublished

This text of 732 F. Supp. 578 (Tavoletti v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tavoletti v. Sullivan, 732 F. Supp. 578, 1989 U.S. Dist. LEXIS 16509, 1989 WL 200335 (W.D. Pa. 1989).

Opinion

OPINION

D. BROOKS SMITH, District Judge.

Plaintiff Suzanne Tavoletti brings this action under sections 205(g) and 1631(c)(3) of the Social Security Act, as amended, 42 U.S.C. § 405(g) and 1383(c)(3), to review a final determination of the Secretary of Health and Human Services denying her application for. disability insurance benefits and supplemental security income- benefits based on disability. Both parties have moved for summary judgment pursuant to Fed.R.Civ.P. 56(e). For the reasons stated below, defendant’s motion is granted and plaintiff’s motion is denied.

Plaintiff applied for Disability Insurance Benefits on September 17, 1986. Certified Transcript (“Tr.”) of the administrative record at 65-68. Her claim was denied initially on November 25, 1986 (Tr. at 69-71), and again upon reconsideration on June 16, 1987 (Tr. at 74-75). Thereafter, plaintiff requested a hearing (Tr. at 76-77) which was held on May 19, 1988 (Tr. 22-64) before Administrative Law Judge Roland Mather (“AU”). The ALJ denied plaintiffs claim on August 24, 1988 (Tr. at 11-17). Plaintiff then requested a review by the Appeals Council (Tr. at 7). That request was denied on November 29, 1988 (Tr. at- 4-5), rendering the AU’s decision the final decision of the Secretary.

Plaintiff’s complaint seeks a review of the Secretary’s final decision pursuant to Section 205(g) of the Act, as amended, 42 U.S.C. § 405(g). Our review is limited to a determination of whether the Secretary’s findings are supported by substantial evi[579]*579dence. Id. Findings supported by substantial evidence are conclusive, where substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1981) (quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938)). Absent substantial evidence to support the findings, we may modify, remand or reverse the Secretary’s decision. 42 U.S.C. § 405(g).

Plaintiff is a female, 49 years of age at the time of the AD hearing, who applied for benefits on the basis of osteoarthritis in her back and right knee. (Tr. at 65). The substance of plaintiffs claim is that she is disabled from “physical impairments of post lumbar laminectomy, total right knee replacement secondary to degenerative arthritis, degenerative disc disease at T12-L1 and L5-S1, compression deformity with slight wedge configuration of the T12 vertebrae body.” Plaintiff’s Motion for Summary Judgment, HVIII(a).

Under the law, our review of the AD’s decision must follow the sequential analysis set forth in the Social Security Regulations. See C.F.R. § 416.920. This analysis establishes a framework for determining whether an individual is disabled according to the regulations. The first inquiry is whether the plaintiff is performing any substantial gainful activity. If so, the plaintiff is not disabled and the inquiry is concluded. 20 C.F.R. § 416.920(b). If not, we must scrutinize whether the individual has a severe impairment as defined by the applicable regulations.

A severe impairment may be established by showing that a claimant is unable to perform basic work activities, or by demonstrating that the plaintiff’s physical and/or mental conditions meet the criteria of a listing in the appendix of impairments. See 20 C.F.R. Part 404, Subpart P, Appendix 1 (hereinafter Appendix 1). If an individual’s condition satisfies the requirements of a listed impairment, the plaintiff is automatically determined to be disabled and benefits are awarded. 20 C.F.R. § 416.920(c), (d).

If a plaintiff’s impairment, though severe, fails to satisfy the criteria of a listed impairment, the individual must prove she is unable to perform past relevant work. If the plaintiff satisfies this burden of proof, then the Secretary must show that the individual has the residual functional capacity to do other work. 20 C.F.R. § 416.920(e), (f).

In the instant case, the plaintiff was not performing any substantial gainful activity. (Tr. at 30, 49). Therefore, the plaintiff’s impairments must be assessed to determine if they were severe. Plaintiff’s application for benefits alleged a disability on the basis of osteoarthritis. (Tr. at 65). Plaintiff testified that her claim is based on injuries to both her back and right knee. (Tr. at 49). Plaintiff testified that she had pain, but that she cannot take any medications for relief from the pain due to her allergies. (Tr. at 45, 49-50).

Plaintiff’s medical records reveal a history of lumbar laminectomy in March 1985. (Tr. at 109). Upon discharge, plaintiff was described as ambulating and without leg pain. Id. Subsequently, in September 1985, plaintiff suffered a minor relapse while lifting groceries into a cart. (Tr. at 123, 126). Plaintiff was seen at a rehabilitation clinic on an outpatient basis for approximately five and a half weeks during the months of November and December, 1985 as a result of the relapse. (Tr. at 123-25). Plaintiff’s physical therapy essentially resolved the pain, and her gait and station were described as “good” by her treating physician; plaintiff was released to return to work as of December 1, 1985. (Tr. at 126).

Plaintiff was diagnosed for osteoarthritis in her right knee in or about August, 1986. (Tr. at 128-31). Plaintiff was admitted to Mercy Hospital of Pittsburgh for approximately two weeks for elective right total knee arthroplasty at this time. (Tr. at 129). The procedure was performed without complication and plaintiff’s postoperative recovery was described as “unremarkable.” Id. Her treating physician reports that she [580]*580“did well following surgery.” (Tr. at 161). At time of discharge, plaintiff could not straight leg raise and her range of motion in the right knee was negative 15 degrees to 60 degrees. (Tr. at 129). Subsequent physical exams revealed the range of motion in plaintiff’s right knee had increased to 90 degrees. (Tr. at 143). On a follow-up report, in October 1986, plaintiff’s treating physician found her to be walking and to have full flexion in the right knee without pain. (Tr. at 142). The most current medical evidence of record reveals that plaintiff suffers a swollen right knee joint with a slightly limited range of motion and subjective complaints of pain in the right lower back area associated with obesity. (Tr. at 152). At the hearing, plaintiff also complained of falling incidents. (Tr. at 38, 45, 51). However, there was no medical evidence of record to support this claim.

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732 F. Supp. 578, 1989 U.S. Dist. LEXIS 16509, 1989 WL 200335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tavoletti-v-sullivan-pawd-1989.