Wark v. Colvin

164 F. Supp. 3d 635, 2015 U.S. Dist. LEXIS 45194, 2015 WL 10435038
CourtDistrict Court, M.D. Pennsylvania
DecidedApril 7, 2015
DocketCIVIL ACTION NO. 3:13-2502
StatusPublished
Cited by1 cases

This text of 164 F. Supp. 3d 635 (Wark v. Colvin) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wark v. Colvin, 164 F. Supp. 3d 635, 2015 U.S. Dist. LEXIS 45194, 2015 WL 10435038 (M.D. Pa. 2015).

Opinion

ORDER

MALACHY E. MANNION, United States District Judge

Based upon the memorandum issued this same day, IT IS HEREBY ORDERED THAT:

(1) the report and recommendation of Magistrate Judge Cohn issued in the above-captioned matter, (Doc. [638]*63820), is ADOPTED IN ITS ENTIRETY;
(2) the decision of the Commissioner denying the plaintiffs disability insurance benefits is VACATED and the matter is REMANDED for further proceedings in accordance with the report of the magistrate judge; and
(4) the Clerk of Court is directed to mark this action CLOSED.

MEMORANDUM

Pending before the court is the report of Magistrate Judge Gerald B. Cohn, which recommends that the decision of the Commissioner of Social Security denying the plaintiffs social security disability insurance be vacated and the action be remanded to the Commission to further develop the record, conduct a new administrative hearing and appropriately evaluate the evidence of record. (Doc. 20). Both the plaintiff and defendant have waived then-opportunity to object to Judge Cohn’s report and recommendation. (Doc. 21, Doc. 22).

Where no objection is made to a report and recommendation, the court should, as a matter of good practice, “satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Fed.R.Civ.P. 72(b), advisory committee notes; see also Univac Dental Co. v. Dentsply Intern., Inc., 702 F.Supp.2d 465, 469 (MD.Pa.2010) (citing Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir.1987) (explaining judges should give some review to every Report and Recommendation)). Nevertheless, whether timely objections are made or not, the district court may accept, not accept or modify, in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule 72.31.

The court has reviewed each of the recommended bases presented by Judge Cohn for vacating and remanding the instant action. Because the court agrees with the sound reasoning that led Judge Cohn to the conclusions in his report and finds no clear error on the face of the record, the court will adopt the report in its entirety. An appropriate order shall issue.

REPORT AND RECOMMENDATION TO VACATE THE DECISION OF THE COMMISSIONER AND REMAND THE CASE TO THE COMMISSIONER FOR FURTHER PROCEEDINGS

REPORT AND RECOMMENDATION

GERALD B. COHN, UNITED STATES MAGISTRATE JUDGE

I. Procedural Background

On March 17, 2010, Nilza I. Wark (“Plaintiff’) protectively filed an application for Title II disability insurance benefits (“DIB”), with a disability onset date of June 4, 2009. (Administrative Transcript (hereinafter, “Tr.”), 13). After the claim was denied at the initial level of administrative review, the administrative law judge (“ALJ”) held a hearing on November 15, 2011. (Tr. 26-51, 359-404). On February 23, 2012, the ALJ found that Plaintiff was not disabled within the meaning of the Act. (Tr. 10-25). On April 20, 2012, Plaintiff filed a request for review with the Appeals Council (Tr. 8-9), which the Appeals Council denied on May 11, 2013, thereby affirming the decision of the ALJ as the “final decision” of the Commissioner. (Tr. 1-7).

On October 3, 2013, Plaintiff filed the above-captioned action pursuant to 42 U.S.C. § 405(g) and pursuant to 42 U.S.C. § 1383(c)(3), to appeal a decision of the [639]*639Commissioner of the Social Security Administration denying social security benefits. (Doc. 1). On January 29, 2014, the Commissioner (“Defendant”) filed an answer and an administrative transcript of proceedings. (Doc. 7, 8). On May 13, 2014, Defendant filed a duplicate supplemental administrative transcript. (Doc. 11). On June 19, 2014, Defendant filed a subsequent supplemental administrative transcript. (Doc. 14). On July 18, 2014, Plaintiff filed a brief in support of the appeal. (Doc. 15 (“Pl. Brief’)). On August 20, 2014, Defendant filed a brief in response. (Doc. 16 (“Def. Brief’)). On September 3, 2014, Plaintiff filed a reply brief. (Doc. 17). On November 05, 2014, the Court referred this case to the undersigned Magistrate Judge.

II. Relevant Facts in the Record

Plaintiff was born on June 19, 1967, and thus was classified by the regulations as a younger person through the date of the ALJ decision rendered on February 23, 2012. (Tr. 155); 20 C.F.R. § 404.1563(c). Plaintiff alleges the following impairments: major depressive disorder; panic disorder with agoraphobia; and, depersonalization disorder. PI. Brief at 3; (Tr. 15).

Plaintiff completed the twelfth grade and attended, but did not complete a business program in 1998. (Tr. 179, 332-33). Plaintiff worked from 1995 until 1998 as an employee relations clerk for a manufacturing company. Pl. Brief at 2. In 1998 Plaintiff started working for the Commonwealth of Pennsylvania as a clerk typist. (Tr. 180, 238-43). Plaintiff then worked as a human resource assistant from 1999 to 2004. (Tr. 180). Plaintiffs last position was as a human resource analyst from 2004 until 2009. (Tr. 180,196-226, 238).

During the period relevant to this case, Plaintiff lived either with her husband or following her divorce, alone with her two dogs. (Tr. 169, 381-82). She maintained a driver’s license and was able to drive twice a week to shop for groceries and go to a laundromat. (Tr. 172, 191, 382). Plaintiff cared for her personal needs, cooked, kept her apartment in order, performed household chores, played games on the computer, socialized with family, talked on the phone daily, walked for exercise, read, used the internet, traveled out of state, and flew to Puerto Rico. (Tr. 171— 73,188-90,192, 345-348, 394-95). Plaintiff had a boyfriend, and they occasionally went out for dinner. (Tr. 385, 395).

A. Relevant Treatment History and Medical Opinions

1. Treating Psychiatrist Peter Hartmann, M.D.

Plaintiff has a history of sexual and physical abuse as a child, depression, and panic attacks. (Tr. 280, 330-32). She attempted to commit suicide at the age of seventeen and again in 2005, both attempts were before her alleged disability onset date. (Tr. 266, 274, 280, 389-90). Beginning in 2005, Plaintiff commenced mental health treatment with Dr. Hartmann. (Tr. 230). According to Dr. Hartmann, Plaintiff has been having panic attacks since around 2004. (Tr. 287). Around the time of the alleged onset date and since, Dr. Hartmann characterized Plaintiff as having a mood disorder with panic attacks, and saw Plaintiff for routine medication management. (Tr. 282-91, 328-29, 355-58). On March 24, 2009, Plaintiff reported that she felt better than ‘a few weeks ago,’ and that she was stressed at work. (Tr. 290). Dr.

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164 F. Supp. 3d 635, 2015 U.S. Dist. LEXIS 45194, 2015 WL 10435038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wark-v-colvin-pamd-2015.