Craig v. Comm'r of Soc. Sec.

218 F.Supp.3d 249

Constance CRAIG, Plaintiff,

v.COMMISSIONER OF SOCIAL SECURITY, Defendant.

15–CV–4057 (JLC)

United States District Court, S.D. New York.

Signed November 22, 2016

Daniel Berger, NY Disability, LLC., Bronx, NY, for Plaintiff.

Caleb Hayes-Deats, United States Attorney's Office, New York, NY, for Defendant.

OPINION AND ORDER

JAMES L. COTT, United States Magistrate Judge.

Plaintiff Constance Craig brings this action seeking judicial review of a final determination by Defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner"), denying Craig's application for disability insurance benefits ("DIB") and social security income ("SSI"). Craig moved, and the Commissioner cross-moved, for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons set forth below, Craig's motion is granted to the extent it seeks remand of the case, and the Commissioner's cross-motion is denied.

I. BACKGROUND

A. Procedural History

Craig filed an application for DIB on January 10, 2012, and an application for SSI benefits on January 17, 2012. Administrative Record ("R."), Dkt. No. 16, at 15. The amended alleged disability onset date in both applications was January 1, 2011. Id. The Social Security Administration ("SSA") denied her applications on March 30, 2012, id. at 58, after which Craig requested an administrative hearing. Id. at 15, 66–68. Represented by counsel, Craig appeared before Administrative Law Judge ("ALJ") Robert C. Dorf on February 21, 2013. Id. at 27–48. In a written decision dated March 13, 2013, the ALJ found that Craig was not disabled for purposes of receiving Social Security benefits. Id. at 15–22. Craig filed an appeal of the decision, and included reports for two new Magnetic Resonance Imaging ("MRI") scans as additional evidence. Id. at 8–10.¹ On April 7, 2015, the SSA Appeals Council denied Craig's request for a review of the ALJ's decision, which thereby became the Commissioner's final determination. Id. at 1.

The current action was initiated on May 27, 2015 when Craig, again represented by counsel, filed a complaint seeking judicial review of the Commissioner's decision under 42 U.S.C. §§ 405(g) and 1383(c)(3). Complaint, Dkt. No. 2, at 1. Craig moved for judgment on the pleadings pursuant to Rule 12(c) on January 19, 2016, seeking reversal of the Commissioner's decision, or alternatively, a remand for further proceedings. Motion for Judgment on the Pleadings ("Pl. Mot."), Dkt. No. 12; Memorandum of Law in Support of Plaintiff's Motion for Judgment on the Pleadings ("Pl. Mem."), Dkt. No. 13. The Commissioner filed a response on March 21, 2016, in which she cross-moved for judgment on the pleadings and filed the administrative record. Cross–Motion for Judgment on the Pleadings, Dkt. No. 14; Memorandum of Law in Opposition to Plaintiff's Motion for Judgment on the Pleadings and in Support of Defendant's Cross–Motion for Judgment on the Pleadings ("Def. Mem."), Dkt. No. 15; R., Dkt. No. 16. No reply papers were filed.

B. The Administrative Record

1. Craig's Background

Craig was born on February 6, 1971. R. at 33. She was 39 years old on the alleged disability onset date and 40 years old at the time of her application for DIB and SSI. Id. Craig has four children, and at the time of her hearing, she was living with two of her children in the Bronx. Id. at 32–33, 268, 563. Craig did not complete high school; her education ended at the eleventh grade. Id. at 35–36, 166. When she was in school, she was placed in special education classes due to her poor behavior, difficulty concentrating, and dyslexia. Id. at 35, 173, 324. She is able to read and write with difficulty. Id. at 36–37.

At the hearing, Craig's testimony concerning her last date of employment was inconsistent, but on several prior occasions she had reported that it ended in 2010. Compare id. at 39, with id. at 34, 157–58, 166–67. Her last job consisted of cleaning an elderly woman's home approximately twice a week for two to three hours each time. Id. at 34. After the woman entered a nursing home, Craig continued to work for her, but had to stop, "because things were getting a little too complicated for me to travel and stuff." Id. at 38. Craig testified that she had never obtained a home healthcare certification. Id. at 36.

During the hearing and in her submissions to the SSA, Craig described her ability to function and perform daily tasks. She testified that she can walk without assistance, though she has pain in her back and side. Id. at 37, 45. She is able to attend to her personal care, and can pay bills and handle money. Id. at 148, 150. At times she needs her daughter's help to zip or button her coat, because of pain and numbness in her hands, though she can dial a cell-phone. Id. at 42–43. Due to the numbness, she underwent surgery and received a shot of codeine. Id. at 41. Her daughters prepare meals, because she lacks the strength or desire to prepare them, though she does clean "constantly," as she suffers from anxiety attacks if her house looks dirty. Id. at 149, 173.

Craig normally helps her youngest daughter get ready for school, then goes back to bed. Id. at 33, 147. She spends most of her time in her room because she lacks the desire to do anything, and only goes out when she has medical appointments. Id. 147, 151. Craig explained that she relies on her daughters to accompany her to go grocery shopping, and that she is unable to travel without one of her daughters or her sister. Id. at 43, 48, 150, 331. Further, though she took public transportation to the hearing, she traveled with her daughter, and suffered from anxiety and difficulty breathing. Id. at 37, 48, 150, 331. Anxiety attacks prevent her from sleeping well, particularly if she has something scheduled the next day. Id. at 148, 173. Although Craig avoids going outside due to the anxiety, she attends church weekly with someone accompanying her. Id. at 151. She gets upset when she is around people, though she is able to spend time with her family and friends because they are more aware of her mood swings and mental health conditions. Id. at 152, 173.

Craig's claims for DIB and SSI were based on her mental disorder, hypertension, diabetes, and anemia. Id. at 62, 64. Craig takes medication for her diabetes, but has not been able to manage it, and does not do the required testing or diet. Id. at 40–41. In terms of her mental health, Craig alleged that she suffers from mood disorder, bipolar disorder, anxiety attacks, depression, attention deficit disorder (ADD), and obsessive compulsive disorder (OCD). Id. at 165. Craig has been treated by the same psychiatrist for approximately ten years, and she sees him every four weeks. Id. at 43–44. She described having suicidal thoughts, depending on her mood, and hearing voices. Id. at 44, 152, 173, 329. She suffers from panic attacks about twice a week, which cause her to have trouble breathing, chest pain, and heart palpitations. Id. at 47, 173. Craig testified that her "head [was] confusing" her every day, and that she has memory and concentration problems that require medication. Id. at 45–46. At the time of the hearing, Craig estimated that she was taking about 11 different medications each day. Compare id. at 46, with id. at 168, 188 (listing eight to nine medications Craig is prescribed). She forgets to take her medications, and relies on her daughter to remind her. Id. at 149, 173. She has problems remembering appointments, following instructions, and completing tasks due to issues concentrating and an inability to focus. Id. at 152.

2. Medical Evidence in the Record

a. Medical History

i. Diabetes and Anemia

Dr. Robert Dichter treated Craig's diabetes and diagnosed her with significant anemia caused by iron deficiency. Id. at 216–25. To treat the anemia, she was given a blood transfusion, and one of her medications was stopped because it was potentially contributing to the anemia. Id. at 221. Dr. Dichter also reported that Craig suffered chronic daily headaches. Id. Throughout Craig's medical records from Montefiore Medical Center ("Montefiore"), Dr. Dichter is listed as her primary care physician and is the doctor that other medical professionals directed their findings to with regards to Craig's health. See, eg., id. at 195, 200–19.

ii. Orthopedic Treatments

On December 17, 2012, Craig saw Dr. Roy Kulick for an orthopedic visit. Id. at 593–94. Craig complained of pain in her right thumb and left hand, which Dr. Kulick assessed as "trigger fingers in a diabetic," and gave her an injection of Depo–Medrol and Lidocaine in her right thumb and left ring flexor tendon sheath. Id. at 594. On January 4, 2013, Craig saw Dr. Chalyaporn Kulsakdinun and complained of bilateral foot pain. Id. at 602. After conducting an assessment, Dr. Kulsakdinum found no structural abnormalities, and simply recommended that Craig wear proper shoes and use over-the-counter cushioning. Id. at 604.

iii. FEGS Biopsychosocial Summary

On July 29, 2011, Craig underwent a FEGS evaluation. Id. at 317.² Craig was seen by Dr. Rakesh Koul, who reported that she had a history of depression, anxiety, ADD, OCD, and bipolar disorder, and that she cannot travel alone. Id. at 336. He conducted a physical exam with normal results for all systems, but his final diagnoses was that Craig suffered from episodic mood disorders, was unstable, and required treatment. Id. at 338–39, 342.

On August 9, 2011, Craig was evaluated by Dr. Charles Pastor, who did not complete the pain assessment or work limitations criteria, except to note that Craig's environmental restrictions included enclosed spaces and groups of people. Id. at 339–40. As a final diagnosis, Dr. Charles Pastor found that she was stable, but also characterized her mood disorder as "unstable or untreated," adding that this diagnosis affects her employment. Id. at 342–43.

b. Physician Assessments

i. Dr. Faiq Hameedi—Treating Psychiatrist

Dr. Faiq Hameedi, Craig's treating...