Tetreault v. Astrue

865 F. Supp. 2d 116, 2012 U.S. Dist. LEXIS 43982, 2012 WL 1085532
CourtDistrict Court, D. Massachusetts
DecidedMarch 29, 2012
DocketC.A. No. 11-30029-MLW
StatusPublished
Cited by28 cases

This text of 865 F. Supp. 2d 116 (Tetreault v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tetreault v. Astrue, 865 F. Supp. 2d 116, 2012 U.S. Dist. LEXIS 43982, 2012 WL 1085532 (D. Mass. 2012).

Opinion

MEMORANDUM AND ORDER

WOLF, District Judge.

I. INTRODUCTION

Plaintiff Kenneth Andrew Tetreault filed a Motion for Judgment on the Pleadings regarding the final decision of defendant Michael J. Astrue, the Commissioner of the Social Security Administration, denying his application for Social Security Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). Defendant has filed a motion to affirm the decision. For the reasons described below, plaintiffs motion for judgment on the pleadings is being denied, and defendant’s motion to affirm the decision is being allowed.

II. FACTS AND PROCEDURAL HISTORY

Plaintiff filed an application for DIB on July 1, 2008, and SSI on July 16, 2008. See Administrative Record (“AR”) at 42. In his application, plaintiff alleged a disability beginning on September 30, 2005, and arising from chronic lower back pain, high blood pressure, and cholesterol. Id. at 42, 121. Plaintiffs application was denied on September 10, 2008, and, after reconsideration, again on January 8, 2009. Id. at 42, 64-69.

An administrative hearing was held before Administrative Law Judge (“ALJ”) Peter Martinelli on May 20, 2010. Id. at 4-34. On August 20, 2010, the ALJ denied plaintiffs application, finding that he did not meet the requirements of the five-step sequential evaluation process for determining whether an individual is disabled and, therefore, was not disabled. Id. at 42-51. The sequential evaluation was performed pursuant to 20 C.F.R §§ 404.1520 and 416.920. Id. at 43. Steps one through five address whether: (1) the claimant is engaging in substantial gainful activity; (2) the claimant has a medically determinable impairment that is severe or a combination of impairments that is severe; (3) the claimant’s impairment or combination of impairments meets or medically equals the criteria of an impairment listed in 20 C.F.R. § 404 Subpart P, Appendix 1; (4) the claimant’s residual functional capacity allows him to perform the requirements of his past relevant work; and (5) the claimant is able to perform any other work. Id.

The ALJ found that plaintiff satisfied steps one and two because he was not engaged in substantial gainful activity after September 30, 2005, the alleged onset date, and he suffered from the following severe impairments: ongoing low back pain, status post hemilaminectomy1, moderate obesity, and a recent finding of obstructive sleep apnea. Id. at 44. At step [119]*119three, the ALJ determined that these impairments did not meet or medically equal the criteria of an impairment listed in 20 C.F.R. § 404 Subpart P, Appendix 1. Id. at 45. According to the five step process under 20 C.F.R §§ 404.1520 and 416.920, if the claimant’s impairment or combination of impairments meets or medically equals the criteria, the claimant is disabled. Id. at 43. If it does not, the analysis proceeds to the next step. Id. In order to. complete step four, the ALJ must determine the plaintiffs residual functional capacity. Id. at 43-44. The ALJ found that plaintiff has the residual functional capacity to perform sedentary work “including lifting ten pounds, standing and walking two hours and sitting six hours during an eight-hour workday, but would require a position which allowed a sit to stand option and would require work activity which did not impose concentrated exposure to dust, fumes, strong odors, temperature or humidity extremes.” Id. at 45. At step four, the ALJ found that plaintiffs impairments and residual functional capacity precluded a return to his past relevant work, silk screening wallpaper. Id. at 49.

Continuing to step five, the ALJ found that, considering plaintiffs age, education, work experience, and residual functional capacity, he was capable of performing other jobs that exist in significant numbers in the national economy. Id. At the hearing, the ALJ asked an impartial vocational expert, James T. Parker, whether jobs exist in the national economy for an individual with the claimant’s age, education, work experience and residual functional capacity. Id. at 42, 49-50. Parker testified that, consistent with the Dictionary of Occupational Titles (Social Security Ruling 00-4p), given all of these factors, plaintiff would be able to perform the requirements of representative occupations such as a mall information clerk, a production sorter, and a production inspector. Id. at 50. Based on Parker’s testimony, the ALJ found that plaintiff was “capable of making a successful adjustment to other work that exists in significant numbers in the national economy.” Id.

Accordingly, the ALJ found that “the claimant has not been under a disability, as defined in the Social Security Act, from September 30, 2005, through, the date of this decision.” Id.

The ALJ did not give credit to plaintiffs subjective complaints of pain because he found that plaintiffs statements “concerning the intensity, persistence, and limiting effects of these symptoms are not credible to the extent they are inconsistent with the above residual functional capacity assessment.” Id. at 46. In making the determination that plaintiff was not credible, the ALJ considered plaintiffs attempts to manipulate treatment visits to suit his application, plaintiffs admission to having lied in order to get methadone treatment, and plaintiffs jail time for dealing drugs. See id. at 46-48. The ALJ also found that plaintiffs subjective allegations were “inconsistent with his treatment history.” Id. at 46.

The Decision Review Board did not complete its review within 90 days. Thus, the ALJ’s decision became final on December 8, 2010. See id. at 1-3.

Plaintiff timely filed in this court a Motion for Judgment on the Pleadings, contending, essentially, that the ALJ’s decision was based on the following errors: (1) failure to accord proper weight to the opinion of plaintiffs treating physician; and (2) failure to consider substantial evidence regarding plaintiffs residual functional capacity. Defendant then filed a motion to affirm the ALJ’s decision.

III. ANALYSIS

. “Judicial review of Social Security administrative decisions is authorized by 42 [120]*120U.S.C. § 405(g).” Seavey v. Barnhart, 276 F.3d 1, 9 (1st Cir.2001); see also 42 U.S.C. § 1383(c)(3) (providing that judicial review of SSI decisions is governed by the standards applicable to judicial review of Disability Insurance Benefits decisions pursuant to 42 U.S.C.

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Bluebook (online)
865 F. Supp. 2d 116, 2012 U.S. Dist. LEXIS 43982, 2012 WL 1085532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tetreault-v-astrue-mad-2012.