Bradley v. Colvin
| Decision Date | 20 May 2015 |
| Docket Number | Case No. 13 CV 449 (PKC). |
| Citation | 110 F.Supp.3d 429 |
| Parties | Deborah I. BRADLEY, Plaintiff, v. Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Eastern District of New York |
Charles E. Binder, Law Offices of Harry J. Binder and Charles E. Binder, P.C., New York, NY, for Plaintiff.
Candace Scott Appleton, Kathleen Anne Mahoney, United States Attorneys Office, Brooklyn, NY, for Defendant.
The instant action is Plaintiff Deborah Bradley's second appeal in the twelve-year history of her disability claim. Bradley's first appeal resulted in a remand to the Commissioner for a determination on whether Bradley could perform other work. See Bradley v. Astrue, No. 05 CV 6106, slip op. at 1, 2009 WL 10417124 (E.D.N.Y. Dec. 23, 2009) ("Bradley I "). Upon remand, the Administrative Law Judge ("ALJ") determined that Bradley was not eligible for benefits. This appeal followed.
The parties now cross-move for judgment on the pleadings. While they agree that the ALJ committed errors on remand, they disagree as to the proper remedy. Bradley seeks a remand solely for the calculation of benefits. The Commissioner, in turn, seeks remand for further administrative proceedings.
For the reasons set forth below, the Court remands Bradley's claim to the Commissioner solely for the calculation and award of benefits.
The Court relies on the facts set forth in Bradley I for Bradley's relevant employment and medical history through 2009. Relevant facts from Bradley I, Bradley's medical treatment from 2009 onward, and the proceedings on remand are discussed below.
Bradley was born in Queens, New York in June 1956. (Tr. 346). She is a high school graduate and took classes for one year at Manhattan Community College. (Id. ) Her employment history includes positions as a clerical worker, an assistant buyer at a department store, a real estate agent, a case manager for a social services non-profit organization, director of that social services non-profit organization, a community relations officer, and finally, a letter carrier for the U.S. Postal Service. (Id. ) She began her position with the U.S. Postal Service in March 1999; her duties required her to walk up to five hours a day, drive the mail truck, and push mail carts, sometimes weighing as much as 100 pounds. (Id. )
On or around August 30, 2001, a tow truck hit Bradley's mail truck while she was pulling away from the curb. (Id. at 288).2 Following the accident, Bradley was no longer permitted to "drive out" the mail, and so began "push[ing] the mail out" in a cart. (Id. ). After a week of pushing the mail, Bradley could not get out of bed. (Id. ). She took two weeks off from work, but upon her return, her fingers went numb when sorting the mail, until she eventually lost feeling on her right side. (Id. at 289). She stopped working on September 22, 2001 and did not return to work for almost a year. (Id. at 347).
After a year on workers' compensation, Bradley attempted to return to "light duty" on September 9, 2002, which included tasks such as sorting misdirected mail, placing stickers on envelopes, and helping customers in the lobby of the post office. (Id. ). After several weeks, Bradley suffered a re-injury of her right arm and went back on workers' compensation. (Bradley I at 3). She has not worked since October 22, 2002. ( Id. ).
Bradley first sought treatment from her family practitioner, Dr. Bernard Levine, D.O., on October 12, 2001. (Tr. 289). Dr. Levine diagnosed Bradley as having an acute right cervical spasm and left cervical spasm with right radiculopathy to right fingers or fingertips.3 (Bradley I at 4 (citing Tr. 120, 210)). Dr. Levine prescribed a muscle relaxant (Flexaril) and an anti-inflammatory (Oruvail ) to Bradley. (Bradley I at 4). At Bradley's follow-up appointment on October 17, 2001, Bradly only showed 10% improvement, and so Dr. Levine referred her to a neurologist, Dr. Ellen Braunstein, whom she first saw in October 2002. (Id. ) Bradley continued to see Dr. Levine throughout 2002 and 2003.
Bradley began physical therapy in November 2002, and by her next visit to Dr. Levine on November 30, 2001, Bradley's cervical radiculopathy was showing some improvement, but a note in her chart suggested that she was unable to return to work in her former capacity. (Id. at 4–5).4
Bradley subsequently saw Dr. Braunstein for several appointments. On January 17, 2002, Dr. Braunstein also diagnosed Bradley as having cervical radiculopathy and prescribed different pain medication to Bradley. (Id. at 5 (citing Tr. 101–02)). A month later, on February 14, 2002, Dr. Braunstein found Bradley to be "[n]eurologically ... unchanged." (Id. at 6 (citing Tr. 100)). On March 27, 2002, Bradley reported neck pain to Dr. Braunstein, but also stated that she felt she was doing better. (Id. ).
Yet a few days later, on April 1, 2002, Bradley saw Dr. Levine again and reported that her condition had not improved. (Id. ). A note was entered on Bradley's chart stating (Id. (citing Tr. 116, 214)). Dr. Levine referred Bradley to Manhattan Physical Medicine and Rehabilitation ("MPM"). (Id. ).
In April 2002, Bradley began physical therapy three times a week at MPM and was treated by Dr. Barbara Schwartz. (Tr. 103, 104). While undergoing physical therapy at MPM, Bradley continued to see Dr. Levine. Bradley returned to Dr. Levine for appointments on May 7, 2002 and June 12, 2002. (Bradley I at 7). Bradley continued to have radiculopathy on the right side and some on the left side as well. (Id. ). Dr. Levine noted that Bradley remained "totally disabled," but that her condition had improved by approximately 50%. (Id. ). At Bradley's July 9, 2002 appointment with Dr. Levine, Bradley reported neck pain on both sides, cervical spasms on the right side, and numbness and tingling in her arms. (Id. ). Dr. Levine's records also note receipt of a letter from Dr. Schwartz, stating that Bradley could return to work with limited activity as of July 14, 2002. (Id. ). Bradley did not return to work. (Id. at 8).
Bradley had follow-up appointments with Dr. Levine on August 9, 2002; September 5, 2002, and October 1, 2002. (Id. at 8). Dr. Levine's records show that Bradley's condition remained essentially unchanged during this period. (Id. ). In a September 18, 2002 letter to Dr. Levine, however, Dr. Schwartz reported that Bradley's pain had worsened, that she still had limited range of motion in the cervical spine, and that Dr. Schwartz had administered myofascial trigger point injections. (Tr. 124). Dr. Schwartz recommended that Bradley continue physical therapy. (Tr. 125).
On November 24, 2003, an MRI of Bradley's lumbar spine showed a disc bulge. (Tr. 162). Bradley then began seeing Dr. Eric Freeman, from December 13, 2003 to July 12, 2004. (Tr. 188). According to Dr. Levine's chart, Dr. Freeman placed Bradley on pain medications (Tr. 221) and referred her to Dr. Jeffrey Hetler, an anesthesiologist. (Tr. 144). Dr. Hetler diagnosed Bradley with lumbar radiculitis, and performed three lumbar epidural injections of an anti-inflammatory for her pain. (Bradley I at 15–16). On May 5, 2004, however, Bradley reported that the injections had not helped, but that in fact, her pain had gotten worse. (Id. at 16).
On October 1, 2004 and October 15, 2004, Bradley saw Dr. Dina Miller, a colleague of Dr. Schwartz's and another doctor employed at MPM. (Id. at 16–17). Dr. Miller found that Bradley's cervical range of motion was somewhat limited with respect to rotation, and that Bradley's right side was "extremely tender" in her neck and back muscles. (Id. ). Dr. Miller diagnosed Bradley with a "prior C5–C6 disc bulge that may be undergoing disc disease," a "quiescent" C6 radiculopathy and thoracic outlet syndrome, and "current and active myofascial pain syndrome at the cervical, right lumbar area, right trapezius, right rhomboid and right costovertebral area." (Id. (citing Tr. 149)).5
Bradley also saw Dr. Nancy Epstein, a neurosurgeon, in October 2004 and underwent either a MRI or CT scan on her spine. (Bradley I at 17). In a letter to Dr. Levine, Dr. Epstein reported that the CT scan showed mild disc degeneration at C5–C6, mild stenosis, and mild foraminal stenosis6 , but was otherwise a normal study. (Id. at 18 (citing Tr. 158)). The administrative transcript, however, also contains, a report from Dr. Epstein's office detailing an MRI performed on Bradley in October 2004, showing levoscoliosis7 in the lower thoracic and lumbar spine, degenerative changes in all of the lumbar discs with varying degrees of disc bulging and vertebral ridging, and mild central spinal stenosis. (Tr. 151–52). Dr. Epstein referred Bradley to Dr. Slavina Gardella, another neurologist. (Bradley I at 18).
Bradley first saw Dr. Gardella on November 8, 2004, and then saw her every two weeks until December 20, 2004. (Id.; Tr. 170). Dr. Gardella found that Bradley had a "somewhat diminished" range of motion in the lumbar area, and, after conducting some tests, opined that Bradley had a light L5 radiculopathy. (Bradley I at 18–19). Dr. Gardella referred Bradley to an orthopedic and spine surgeon, Dr. Sebastian Lattuga, for a consultation. (Id. at 19).
In a January 25, 2005 report, Dr. Lattuga diagnosed Bradley as having lumbar stenosis. (Id. (citing Tr. 253)). Though he found that Bradley walked and stood normally, and had a full range of motion in her extremities, he also found that Bradley had restricted ranges of motion with respect to her spine, as well as tenderness and spasms around the lumbar spine. (Id. ).
Dr. Mahomed Nour, an orthopedic surgeon, evaluated Bradley on September 29, 2005 at the request of Bradley's attorney. (Tr. 263). Dr. Nour diagnosed Bradley with chronic cervical sprain /strain...
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