Miranda-Monserrate v. Barnhart

Decision Date23 October 2007
Docket NumberCivil No. 06-1803 (DRD).
Citation520 F.Supp.2d 318
PartiesGuillermo MIRANDA-MONSERRATE, Plaintiff v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.
CourtU.S. District Court — District of Puerto Rico

Raymond Rivera-Esteves, Juan Hernandez Rivera & Association, San Juan, PR, for Plaintiff.

Ginette L. Milanes, United States Attorney's Office, San Juan, PR, for Defendant.

AMENDED OPINION AND ORDER NUNC PRO TUNC

DANIEL R. DOMINGUEZ, District Judge.

I. Procedural History

Pending before the Court is an appeal of a denial of disability benefits under the Social Security Act. Plaintiff is a claimant who filed an application for disability insurance benefits on June 13, 1997, alleging that he was disabled and had been so since October 31, 1995 due to nerves as well as back, arm, shoulder, hand, hip and leg pain. Plaintiff was forty-four (44) years old in March, 1999. He completed school through the sixth grade and has past relevant work as a carpenter's helper.

The Plaintiff's initial application for Social Security disability benefits was denied and the Administrative Law Judge (ALJ) held a hearing on March 5, 1999. At this hearing, the ALJ determined that Plaintiff's capacity for light work had not been compromised by his non-exertional limitations and that he was therefore not disabled. The Appeals Council later denied Plaintiff's request for review.

On August 18, 2006, Plaintiff filed a Complaint (Docket No. 1), appealing the denial of Social Security benefits Sunder 42 U.S.C. § 405(g). Plaintiff alleges that he was wrongfully denied Social Security benefits as he is, in fact, disabled under the meaning of the Social Security Act and that he exhausted all administrative remedies prior to filing this appeal.

Defendant filed her Answer to the Complaint (Docket No. 5) on October 13, 2006. Defendant requests that the court dismiss the complaint, with costs, because the denial of Social Security benefits was in accordance with the Social Security Act. Defendant asserts that the Commissioner of Social Security's findings of facts are supported by substantial evidence, thereby making the denial proper.

On October 30, 2006, Defendant filed a Memorandum of Law (Docket No. 6), claiming that the ALJ correctly used the Medical Vocational Guideline (the "Grid") as a framework for determining that Plaintiff was not disabled, despite his mental and physical limitations. Defendant asserts that, because the ALJ may make credibility decisions where his decision is supported by substantial evidence, the ALJ here correctly read the medical reports as determining that the Plaintiff was capable of performing light, unskilled work as long as it did not involve complex instructions. The Defendant avers that therefore the ALJ's determination of residual functional capacity was within his discretion because Plaintiff's capacity was not significantly compromised by his non-exertional limitations.

Plaintiff filed his Memorandum of Law (Docket No. 7) on January 2, 2007, asserting that he made a prima facie case of disability, thereby shifting the burden to the ALJ to prove residual capacity. Although the Plaintiff does not deny that his physical impairments were insufficient under the Grid for a finding of disability, he does aver that the combination of his exertional and non-exertional limitations eroded his occupational base sufficiently to require the consultation of both a medical expert and vocational expert. Plaintiff asserts that the limitations recognized by Dr. Umpierre severely limit his occupational base1, so a vocational expert should have been consulted before the ALJ determined that he was not disabled.

On April 9, 2007, the Court referred the cage to Magistrate Judge Justo Arenas for a Report and Recommendation (Docket No. 10) and on April 23, 2007, Magistrate Judge Arenas submitted his Report and Recommendation (Docket No. 10) to the Court, affirming the ALJ's final decision. Magistrate Judge Arenas reviewed the ALJ's findings to discern whether there was substantial evidence supporting the ALJ's decision to deny disability status. Although the Magistrate Judge indicated that he might not agree with the final decision, he did not find that the Commissioner's decision failed to comply with the requirements of the substantial evidence rule and therefore found no good cause to remand.

Finally, on May 1, 2007, Plaintiff filed a Motion in Opposition to Magistrate's Report and Recommendation (Docket No. 11). Here, Plaintiff contends that the limitations noted in the Mental Residual Functional Capacity Assessment establish that the claimant has non-exertional limitations which affect his ability to perform the unskilled work which the Grid otherwise prescribed. Therefore, Plaintiff believes that he was entitled to the opinion of a vocational expert regarding which jobs he retains the ability to perform before the ALJ made his final decision regarding disability status.

The Court recognizes the excellent Report and Recommendation of the Magistrate Judge, however, the District Court "prefers [in this case because of the mental/physical condition of the Plaintiff] to err on the side of taking vocational expert testimony" as was recommended in Ortiz v. Secretary of Health and Human Services, 890 F.2d 520, 528. Consequently the Court hereby REMANDS the case to the Commissioner for the reasons stated below. The Court explains.

II. Applicable Law
A. Referring Dispositive Motions to a U.S. Magistrate Judges

The District Court may refer dispositive motions to a United States Magistrate Judge for a Report and Recommendation. 28 U.S.C. § 636(b)(1)(B); FED.R.CIV.P. 72(b); L.Civ.R. 72(b); See Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). Of course, an adversely affected party may contest the Magistrate's Report and Recommendation by filing its objections within ten (10) days after being served a copy thereof. FED. R.CIV.P. 72(b); L.Civ.R. 72(d). Moreover, 28 U.S.C. § 636(b)(1), in pertinent part, provides that:

Within ten days of being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of the court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations make by the magistrate.

28 U.S.C. § 636(b)(1).

Any objections to the Magistrate Judge's order must be filed with the Clerk of Court within ten (10) days after being served with a copy [thereof]. 28 U.S.C. § 636(b)(1) (2005); L.Civ.R. 72(c).

Any written objections must specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the legal basis for such objections. L.Civ.R. 72(c). Failure to file objections within the specified time waives the right to appeal the District Court's order. U.S. v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986). Additionally, claims which are not preserved by such objections are precluded upon appeal. Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992). Thus, timely objections are required in order to challenge the findings of a magistrate's recommendation, as well as the magistrate's failure to make additional findings. Henley Drilling Co. v. McGee, 36 F.3d 143, 150-151 (1st Cir. 1994). Additionally, only objections to the magistrate's recommendation which are specified are preserved. Lewry v. Town of Standish, 984 F.2d 25, 27 (1st Cir.1993). Therefore, the objecting party is only entitled to a de novo review of the issues which are specifically raised by the objection. See, e.g. U.S. v. Valencia, 792 F.2d 4, 6 (1st Cir.1986); See also Gioiosa v. U.S., 684 F.2d 176, 178 (1st Cir.1982).

B. Social Security Claim

Under the Social Security Act, the factual findings of the presiding Administrative Law Judge (ALJ) are conclusive where they are supported by "substantial evidence." 42 U.S.C. § 405(g). This Court will uphold the ALJ's findings where "a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support his conclusion." Rodriguez v. Sec. of Health and Human Svcs., 647 F.2d 218, 222 (1st Cir. 1981).

A claimant of disability benefits under the Social Security Act bears the initial burden of proving his disability. Reyes Robles v. Finch, 409 F.2d 84 (1st Cir.1969). To meet this burden, the claimant must establish that he is incapable of engaging in "any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. 423(d)(1)(A). Furthermore, a person is to be considered disabled only if "his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy." 42 U.S.C. 423(d)(2)(A).

A plaintiff presents a prima facie case where he shows that, by reason of his disability, he is incapable of returning to any former occupation. Hernandez v. Weinberger, 493 F.2d 1120, 1122 (1st Cir. 1974). Once the plaintiff makes this initial showing, the burden shifts to the government, which must offer "evidence showing there is generally available employment of the kind for which [plaintiff] is fit and qualified." Torres v. Celebrezze, 349 F.2d 342 (1st Cir.1965). The government "is not obligated to demonstrate that the claimant would actually be hired but [the government] must show that there are specific jobs in the national economy which the claimant is capable of doing." Hernandez, 493...

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    ...availability of jobs in the national economy by other means, typically through the use of a vocational expert." Miranda-Monserrate v. Barnhart, 520 F.Supp.2d 318 (D.P.R.2007) (internal citations omitted). However, "should a non-exertional restriction be found to impose no significant limita......
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    ...that occurred after the date last insured cannot be used by a claimant to prove the extent of his disability. Miranda–Monserrate v. Barnhart, 520 F.Supp.2d 318, 330 (D.P.R.2007). Even so, medical evidence generated after the expiration of insured status may be considered, as it may shed lig......
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