Williams v. Colvin

98 F.Supp.3d 614

Wanda J. WILLIAMS, Plaintiff

v.Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant.

No. 13–CV–6525 EAW.

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

Signed April 10, 2015.

Justin M. Goldstein, Kenneth R. Hiller, Law Offices of Kenneth Hiller, PPLC, Amherst, NY, for Plaintiff.

Kathryn L. Smith, U.S. Attorney's Office, Rochester, NY, Sergei Aden, Social Security Administration, New York, NY, for Defendant.

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

I. INTRODUCTION

Plaintiff Wanda J. Williams (“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 Plaintiff's application for disability insurance benefits. (Dkt. 1). Plaintiff alleges that the decision of Administrative Law Judge (“ALJ”) John P. Costello was not supported by substantial evidence in the record and was based on erroneous legal standards.

Presently before the Court are the parties' competing motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. 9, 11). 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. 11) is granted, and Plaintiff's motion (Dkt. 9) is denied. Plaintiff's complaint is dismissed with prejudice.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Overview

On September 23, 2010, Plaintiff protectively filed an application for disability insurance benefits. (Administrative Transcript (hereinafter “Tr.”) 51, 230, 276). In her application, Plaintiff alleged a disability onset date of December 1, 2009. (Tr. 276). Plaintiff had previously applied for social security benefits, and this application was denied on October 19, 2010. (Tr. 231). In her application, Plaintiff alleged the following disabilities: “mental health, depression,” high blood pressure, and diabetes. (Tr. 281). On December 7, 2010, the Commissioner denied Plaintiff's application. (Tr. 117–21). Plaintiff requested a hearing by an ALJ on February 7, 2011. (Tr. 51).

On June 11, 2012, Plaintiff, represented by counsel, testified in person at a hearing before ALJ Costello. (Tr. 46–85). Vocational Expert (“VE”) Julie Andrews also appeared and testified. (Tr. 86–93). On June 29, 2012, the ALJ issued a finding that Plaintiff was not disabled within the meaning of the Social Security Act. (Dkt. 1–1 at 2–14).

On August 5, 2013, the Appeals Council denied Plaintiff's request for review, making the ALJ's decision the final decision of the Commissioner. (Dkt. 1–2 at 2–5). On September 25, 2013, Plaintiff filed this civil action appealing the final decision of the Commissioner. (Dkt. 1).

B. The Non–Medical Evidence

On the alleged onset date of December 1, 2009, Plaintiff was a 45–year–old female with a tenth grade education. (Tr. 52, 282). Plaintiff had previous work experience as a cleaner, packager, and housekeeper. (Tr. 52, 283, 290–94).

At the time of her hearing, Plaintiff alleged disability due to diabetes mellitus Type II, bilateral carpal tunnel, stomach problems, and mental health issues. (Tr. 52–54).

1. Plaintiff's Testimony

Plaintiff testified that she was single and lived with her three children. (Tr. 55). Her most recent job was a cleaner at a nursing home, where she washed and folded laundry. (Tr. 55–57). Plaintiff stopped working there after she “tore something in [her] elbow” lifting a bag and required surgery. (Tr. 57–58). Plaintiff stated that she no longer had trouble with her elbow, although sometimes it would become stiff. (Tr. 68).

Plaintiff testified that her most serious health problem was her “hand problem.” (Tr. 63). Plaintiff stated that she had cut the tendons in her right hand approximately 20 years before the hearing, and that she had limited movement in her hand as a result. (Tr. 63–64). The ALJ asked Plaintiff to make a fist, and noted that she was unable to touch her fingertips to the palm of her hand, although she could flex her thumb “pretty well.” (Tr. 65). Plaintiff said that she was right-handed and could write with her hand, but held things in her left hand because of pain and lack of flexibility in her right hand. (Tr. 67).

Plaintiff also said that she suffered stomach pains and that the doctors had prescribed medication and told her not to eat spicy foods, but that her pain persisted. (Tr. 69). When Plaintiff felt this pain, she claimed that she had to “stay still” until it stopped. (Tr. 70).

Plaintiff further indicated that she was on medication because her legs swelled up at night. (Tr. 71). This was a recent development, but it interfered with Plaintiff's ability to get up to use the restroom at night. (Tr. 72).

Plaintiff stated that she had trouble focusing and could not be around “a lot of people” without becoming nervous. (Tr. 74). She was taking Prozac to help with this anxiety. (Tr. 75). Plaintiff had been treating with two therapists at “Jordan Health Center” twice per month for approximately three months. (Tr. 76–77). She was unable to attend group therapy because when she tried to attend a group session, she became “hot and sweaty” and had to leave the room. (Tr. 84).

Plaintiff testified that she could stand for approximately one half hour before needing to sit, and could lift “about 15 pounds,” but had no problems sitting or walking. (Tr. 73). She could wash some dishes, do laundry with her left hand, and vacuum, but she could not sweep because she was not able to use her right hand. (Tr. 80). She would shop for groceries with her daughters because she did not have a license and could not drive. (Tr. 81).

The ALJ also asked Plaintiff about her diabetes and high blood pressure, and Plaintiff testified that she was on medication for these issues. (Tr. 82–83).

2. Vocational Expert Testimony

The ALJ presented VE Julie Andrews with a hypothetical question. (Tr. 87–91). The VE was asked to consider someone of Plaintiff's age, education, and experience who could perform the full range of medium work with additional limitations to frequent fingering and handling, simple tasks, and only occasional interaction with coworkers and the general public. (Tr. 87). The VE responded that the hypothetical individual could perform Plaintiff's past work as a laundry worker, and could also perform the representative jobs of industrial cleaner or housekeeper. (Tr. 88–89).

The ALJ posed a second hypothetical to the VE placing the same additional restrictions to an individual capable of light, as compared to medium, work. (Tr. 89). The VE responded that such an individual would be unable to perform claimant's past work, but could perform the representative positions of housekeeper or agricultural sorter. (Id. ).

In a third hypothetical, the VE was asked to consider the same individual from the second hypothetical with the additional restriction of occasional fingering and handling with the dominant hand. (Id. ). The VE stated that such an individual could work as a housekeeper or mail clerk, but not an agricultural sorter. (Tr. 89–90).

C. Summary of the Medical Evidence

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

1. Physical Condition

a. Prior to Plaintiff's September 23, 2010 Application Date

On July 28, 2008, Plaintiff presented to the emergency department for complaints of left elbow pain that began when she “turned the wrong way” while carrying laundry baskets at work. (Tr. 509–10). An examination showed normal findings and full range of motion in the elbow joint. (Tr. 509). Plaintiff was prescribed Vicodin for pain. (Id. ).

On June 5, 2009, Plaintiff presented to the emergency room for complaints of “sharp” abdominal pain. (Tr. 493–97). A computed tomography (“CT”) scan of Plaintiff's abdomen showed “no radiographic evidence of inflammation.” (Tr. 496).

On June 8, 2009, Plaintiff visited Nurse Practitioner (“NP”) Mary Angerame at Anthony L. Jordan Health Center (“Jordan”), following up for complaints of abdominal pain. (Tr. 357–58). NP Angerame gave Plaintiff a Ketoralac injection, a prescription for Nexium, and an order for laboratory testing. (Id. ). When Plaintiff returned the next day, Plaintiff reported that her pain had resolved. (Tr. 356). The laboratory results were positive for a helicobacter pylori infection, and NP Angerame prescribed medication. (Tr. 355).

On September 17, 2009, Plaintiff returned to Jordan to treat with Dr. Richard Kennedy concerning her diabetes mellitus. (Tr. 353–54). Dr. Kennedy noted that Plaintiff had a previous elbow injury that was treated through surgery by Dr. Tomiano, and that Dr. Tomiano had cleared Plaintiff to return to work. (Tr. 353). Dr. Kennedy diagnosed diabetes mellitus type II, hypertension, gastroesophageal reflux disease (“GERD”), and essential hypertriglyceridemia. (Tr. 353–54).

Plaintiff returned to the emergency department on December 29, 2009, for complaints of abdominal pain, diarrhea, nausea, and vomiting. (Tr. 501–07). Laboratory results and a CT showed stable hepatomegaly and atherosclerotic disease. (Tr. 502–03). Plaintiff was discharged with medication. (Tr. 502, 506–07).

On March 18, 2010, Plaintiff visited NP Elissa Hughes at Jordan, complaining of carpal tunnel in her left wrist with pain on movement. (Tr. 334). Plaintiff reported wrist pain at an intensity of 8 out of 10. (Id. ). Ms. Hughes prescribed Levofloxacin and Etodolac to treat the carpal tunnel syndrome. (Tr. 335).

Plaintiff returned to the emergency department on April 21, 2010, complaining of abdominal pain. (Tr. 605–07). Plaintiff was discharged with a prescription for Bentyl. (Tr. 606–07).

On April 29, 2010, Plaintiff returned to the emergency department with complaints of shortness of breath and abdominal pain. (Tr. 608–14). An examination was normal, and Pla...