Arruda v. Barnhart

• Decision Date: 12 April 2004
• Docket Number: No. CIV.A. 03-10344-MBB.,CIV.A. 03-10344-MBB.
• Citation: 314 F.Supp.2d 52
• Parties: Darleen M. ARRUDA, Plaintiff, v. Jo Anne BARNHART, Commissioner, Social Security Administration, Defendant.
• Court: U.S. District Court — District of Massachusetts

314 F.Supp.2d 52

Darleen M. ARRUDA, Plaintiff, v. Jo Anne BARNHART, Commissioner, Social Security Administration, Defendant.

No. CIV.A. 03-10344-MBB.

United States District Court, D. Massachusetts.

April 12, 2004.

COPYRIGHT MATERIAL OMITTED

Morris Greenberg, Green, Greenberg & Nesselbush, Providence, RI, for Darleen M. Arruda, Plaintiff.

MEMORANDUM AND ORDER RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOCKET ENTRY # 12); DEFENDANT'S MOTION FOR ORDER AFFIRMING THE DECISION OF THE COMMISSIONER (DOCKET ENTRY # 15)

BOWLER, Chief United States Magistrate Judge.

Pending before this court are cross motions by the parties, plaintiff Darleen M. Arruda ("Arruda") and defendant Jo Anne Barnhart, Commissioner of the Social Security Administration ("the Commissioner"). Arruda moves for a reversal of the decision of the Commissioner or, in the alternative, a remand under 42 U.S.C. § 405(g). (Docket Entry # 13). The Commissioner moves for an order affirming the denial of benefits. (Docket Entry # 15). Inasmuch as a hearing, which neither party requested, see LR. 7.1(d), is unnecessary, the matter is ripe for review.

PROCEDURAL HISTORY

On April 24, 2000, Arruda, a 38 year old former home health aide and residential counselor, filed applications for supplemental security income benefits and disability benefits. In her applications under Title II and part A of Title XVIII of the Social Security Act, Arruda alleged that she has been disabled since March 24, 2000, due to gastroesophageal reflux disease ("GERD"), depression, anxiety attacks, hypertension, edema, asthma and diabetes mellitus. (Tr. 93 & 106).

On October 19, 2000, the Social Security Administration ("the SSA") denied Arruda's applications. The SSA determined that although Arruda does have GERD, asthma, diabetes mellitus, depression and anxiety which prevent her from doing her past job, she is not prevented from doing other work. (Tr. 57).

In December 2000, Arruda filed a pro se request for reconsideration. In a reconsideration disability report filed in conjunction with this request, Arruda additionally claimed she was disabled due to a herniated disk and sciatic problems with her right leg. On February 6, 2001, the SSA denied the request for reconsideration. On February 13, 2001, Arruda requested a hearing before an administrative law judge ("ALJ") and reiterated the diagnosis of two herniated disks and a hiatal hernia. (Tr. 64-65, 69, 129, 135, 360 & 362).

On December 17, 2001, with Arruda represented by counsel, the ALJ conducted a hearing. On April 12, 2002, the ALJ rendered a written decision finding that Arruda was not disabled within the meaning of sections 216 and 223 of the Social Security Act, 42 U.S.C. §§ 416 and 423. The ALJ further found that Arruda was not entitled to a period of disability or to disability insurance benefits, nor was she eligible for supplementary security income. (Tr. 16 & 23-26).

As set forth in the decision, the ALJ viewed Arruda's impairments as including back pain, depression and diabetes mellitus and that they impacted her ability to do basic work activities. While the ALJ found that the limitations did not meet or equal any of the impairments listed in 20 C.F.R. § 404, Subpart P, Appendix 1, the ALJ determined that Arruda's past work was beyond her residual functional capacity. The ALJ concluded, however, that there were jobs that exist in significant numbers in the regional and national economies which Arruda was able to perform. (Tr. 18 & 21-22).

On May 20, 2002, Arruda, represented by counsel, filed an appeal of the ALJ's decision. On December 20, 2002, the Appeals Council denied Arruda's request for review and affirmed the ALJ's conclusion thereby rendering it a final decision of the Commissioner. (Tr. 8 & 11-12). On March 11, 2003, Arruda filed the present action. (Docket Entry # 3).

Arruda asserts that the ALJ failed to give appropriate weight to the opinions of the treating physicians and the treating psychologist. She further contends that the ALJ failed to follow the proper standards for pain evaluation as set forth in Avery v. Secretary of Health and Human Services, 797 F.2d 19 (1st Cir.1986), and Social Security Ruling 96-7p. Finally, Arruda argues that the ALJ failed to make the findings required by certain regulations applicable to the functional limitations caused by her mental impairment. (Docket Entry # 13).

Examining the administrative record as required, see Wilkins v. Secretary of Department of Health and Human Services, 953 F.2d 93, 96 (4th Cir.1991) (limiting social security review to administrative record); 42 U.S.C. § 405(g), this court turns to the factual history.

FACTUAL HISTORY

A. Background Information

Born on September 18, 1965, Arruda is five feet seven or eight inches tall and weighs between 285 and 399 pounds.¹ She did not graduate from high school but did receive a graduate equivalency degree in June 1993. Arruda is licensed as a residential counselor, a home health aide, a nurse's aide and a foster mother. She completed the Massachusetts Approach to Partnership in Parenting training in March 1999 in order to qualify to foster or adopt children from the Department of Social Services. (Tr. 32, 93, 105, 112 & 124).

Arruda is single and has never been married. She lived by herself at 338 Mott Street in Fall River, Massachusetts at the time she applied for benefits. She has lived with her sister in a second floor apartment at 241 Barnes Street in Fall River since late 2000. (Tr. 31, 95, 105, 154 & 287).

Arruda worked as a nurse's aide, residential aide or home health aide at nursing homes through various agencies and in a homeless shelter between 1985 and 1992. She worked as a residential counselor in a group home from September 1992 until April 1996. Arruda's most recent employment was as a privately contracted personal care attendant in a group home for physically and mentally handicapped individuals. According to her testimony at the hearing, Arruda helped the eight individuals, ranging in age from 22 to 62, with activities of daily living. She held this position from September 1998 to March 2000.² (Tr. 33, 98-99, 107, 115-122 & 139).

In the disability report that she filed with the SSA on April 24, 2000, Arruda stated that her conditions first began to bother her on April 6, 1988. According to Arruda, she stopped working as a personal care attendant on March 24, 2000, because she could not lift the patients and needed a less stressful environment. She also indicated that prior to leaving her job she worked fewer hours, altered her job duties and made changes in attendance because of her injuries. At the hearing, Arruda testified that she "went to light duty" because of her injuries from a fall at work but still could not keep up with workload. Because her doctor advised her not to perform her job, Arruda asked for extended sick leave. Her employer, however, refused and Arruda quit citing medical reasons, according to her testimony. (Tr. 33-36 & 106).

At the hearing, Arruda testified that it is a physical challenge for her just to take care of her own needs throughout the day. She asserted that the medications she takes cause her to be "out of it" (Tr. 37) and estimated that it takes her an hour to prepare an egg sandwich for breakfast. She further testified that her sister will "set her up" in the morning by preparing her a bath if needed before going to work. Arruda stated that she generally stays home all day watching television and sleeping because of the pain and the medications. She nevertheless estimated that she usually leaves home about three times a week to visit friends, go shopping or attend doctor's appointments. Arruda testified that she shops with her sister but that she is only able to walk down two or three aisles in a store before she must return to the car while her sister completes the shopping, bagging and carrying of the groceries. She also indicated that she does dishes while sitting in a chair and prepares sandwiches but is unable to cook things like pasta because she cannot carry the pot. Arruda testified that she drove to the hearing. (Tr. 36-39).

On an SSA questionnaire regarding her activities of daily living completed on June 8, 2000, Arruda noted that she prepares lunch and dinner for herself three times a week, making microwave meals and fast foods. She indicated that she needs assistance picking up heavy pans and has difficulty standing for long periods of time, bending over to put food in the oven or picking up items that she drops on the floor. Arruda also noted that she does household jobs such as washing dishes, dusting and folding laundry from a chair. She receives help from family members with other chores that require lifting and walking back and forth. She indicated that she goes shopping "one time bi-weekly" with her sister or a friend. (Tr. 125). On good days, Arruda will drive to the shopping. Arruda also indicated that she watches television throughout the day and night, although she asserted that she has trouble concentrating on what she watches because of stress and pain in her legs and back. She also looks through magazines and reads the newspaper for about five minutes. She expressed an interest in a wide range of activities, including doing crafts, going to flea markets and renovating homes and furniture. She asserted, however, that she could not do these activities anymore because of her physical and emotional problems. Arruda further indicated that she eats out and visits friends socially, although she now ends the visits early because of her condition. (Tr. 124-126).

In a December 2000 request for reconsideration of her disability due to the recently diagnosed herniated disk, Arruda described a similar picture. Therein, she described her diabetes as "uncontrolled" and that she "cannot shop for [a] long time ... cannot carry groceries or put them away without assistance, cannot unload or carry laundry, cannot walk or...