Wells v. Colvin

87 F. Supp. 3d 421, 2015 U.S. Dist. LEXIS 21726, 2015 WL 770046
CourtDistrict Court, W.D. New York
DecidedFebruary 24, 2015
DocketNo. 13-CV-6593 EAW
StatusPublished
Cited by20 cases

This text of 87 F. Supp. 3d 421 (Wells v. Colvin) 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
Wells v. Colvin, 87 F. Supp. 3d 421, 2015 U.S. Dist. LEXIS 21726, 2015 WL 770046 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Plaintiff Sherry A. Wells (“Plaintiff’) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking review of the final decision of Carolyn W. Colvin, Acting Commissioner of Social Security (“the Commissioner”), denying Plaintiffs application for disability insurance benefits. (Dkt. 1). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) Elizabeth W. Koennecke was not supported by substantial evidence in the record and was based on erroneous legal standards.

Presently before the Court are the parties’ opposing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 9, 12). For the reasons set forth below, this Court finds that the decision of the Commissioner is supported by substantial evidence in the record and is in accordance with the applicable legal standards. Thus, the Commissioner’s motion for judgment on the pleadings (Dkt. 12) is granted, and Plaintiffs motion (Dkt. 9) is denied. Plaintiffs complaint is dismissed with prejudice.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On September 15, 2010, Plaintiff protectively filed an application for disability insurance benefits. (Administrative Transcript (hereinafter “Tr.”) 120-34). In her [424]*424application, Plaintiff alleged a disability onset date of June 28, 2010. (Tr. 122, 129, 165). Plaintiff alleged the following disabilities: uncontrolled diabetes, anorexia, chronic diarrhea, generalized weakness, and depression. (Tr. 170). Plaintiffs application was denied on December 23, 2010. (Tr. 10).

On April 2, 2012, Plaintiff, represented by counsel, testified at a video hearing before ALJ Koennecke. (Tr. 25-49). On June 21, 2012, the ALJ issued a finding that Plaintiff was not disabled within the meaning of the Social Security Act. (Tr. 7-24).

On September 27, 2013, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the final decision of the Commissioner. (Tr. 1-6). On November 1, 2013, Plaintiff filed this civil action appealing the final decision of the Commissioner. (Dkt. 1).

B. The Non-Medical Evidence

Plaintiff was 44 years old at the time of the hearing. (Tr. 30). Plaintiff graduated from high school and had an associate’s degree in applied science. (Tr. 30, 171). Plaintiff had previously worked as a cashier, manager, packager, teacher’s assistant, medical assistant, and phone operator. (Tr. 171,185).

At the hearing, Plaintiff claimed that she was alleging disability due to diabetes, fi-bromyalgia, depression, anxiety, and chronic fatigue syndrome. (Tr. 30). Plaintiff stated that she last worked as a store manager for Dollar General, but that she stopped working in June 2010 because she was unable to work the long hours and her. doctor pulled her out of work. (Tr. 31-33).

Plaintiff testified that she was only able to perform physical activity for short periods of time before needing to rest, and that she had a difficult time concentrating .to complete a mental task. (Tr. 33).

At the time of the hearing, Plaintiff was living with her sixteen year old son. (Tr. 34). Before that, her mother had also lived with her and had helped with household chores. (Tr. 35). Plaintiff testified that she had trouble washing dishes, vacuuming, or doing laundry because her arms would get tired. (Tr. 37-38). Plaintiff stated that she and her son 'mostly ate frozen dinners because she could not stand long enough to prepare a meal. (Tr. 39).

Plaintiff stated that she had depression and would often sit in her room and cry. (Tr. 34-35). Plaintiff testified that her depression and anxiety kept her from engaging in work because she lacked the confidence to complete a task. (Tr. 44). She had been hospitalized for anxiety and depression for five to six days. (Tr. 46).

Plaintiff stated that she could stand for approximately 20 minutes before needing to rest, and could walk for fifteen to twenty minutes without something to hold onto or lean on (ie., a shopping cart). (Tr. 40). She could only sit for approximately one half hour before needing to reposition herself or lie down. (Tr. 41).

Plaintiff testified that she used to participate in her church choir but could no longer do that because she could not stand through the rehearsals or for the full services. (Tr. 45).

Plaintiff testified that she was on Ativan for anxiety, oxycodone for fibromyalgia, and Effexor for depression. (Tr. 42-43).

C. Summary of the Medical Evidence

The Court assumes the parties’ familiarity with the medical record, which is summarized below.

From August 7, 2010, through August 10, 2010, Plaintiff was hospitalized at Ar-not Ogden Medical Center (“AOMC”) for [425]*425treatment of her diabetes. (Tr. 264-66). Plaintiff was discharged in stable condition and was directed to adopt a diabetic diet and follow up with a primary care physician. (Id.).

On September 8, 2010, Plaintiff treated with nurse practitioner Christine Pesesky, who diagnosed type I diabetes, uncontrolled; hyperlipidemia;, and chronic kidney disease, stage I. (Tr. 377).

Plaintiff was hospitalized at various times from October 20, 2010, through November 30, 2010, following complaints of abdominal pain and issues with her diabetic treatments. (Tr. 241-44, 281-310, 564-65). Plaintiffs varied diagnoses from these hospitalizations included abdominal pain, possibly due to irritable bowel syndrome; diabetes, poorly controlled; hypertension, poorly controlled; chronic fatigue syndrome; depression; hypokalemia; and microscopic colitis. (Tr. 287, 289, 309-10).

On December 8, 2010, Plaintiff followed up with Ms. Pesesky to discuss her diabetes and abdominal pain. (Tr. 488). Ms. Pesesky diagnosed uncontrolled diabetes and ordered lab work. (Tr. 490).

On December 9, 2010, Dr. Look Persaud completed a consultative internal medicine examination. (Tr. 311-15). Dr. Persaud diagnosed diabetes mellitus, poorly controlled, with possible early diabetic neuro-pathy of the feet; a history of constipation, diarrhea, loss of appetite, and weight loss; generalized chronic fatigue and tiredness; and hypertension. (Tr. 314). Dr. Persaud opined that Plaintiff had mild restrictions in squatting and moderate restrictions in lifting, carrying, pushing, and pulling. (Tr. 315).

Plaintiff also visited Dr. Sara Long for a consultative psychiatric examination on December 9, 2010. (Tr. 316-20). Dr. Long diagnosed Plaintiff with an adjustment disorder with depression and anxiety. (Tr. 319). She noted that she could not rule out an eating disorder, but did not diagnose one. (Id.). Dr. Long found that the results of her examination were “consistent with psychiatric problems which may interfere with [Plaintiffs] ability to function on a regular basis.” (Tr. 318). Nonetheless, Dr.

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87 F. Supp. 3d 421, 2015 U.S. Dist. LEXIS 21726, 2015 WL 770046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-colvin-nywd-2015.