Brown v. Colvin
| Decision Date | 14 August 2015 |
| Docket Number | 14 Civ. 2411 (KAM) |
| Parties | SHARON BROWN, Plaintiff, v. CAROLYN COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Eastern District of New York |
NOT FOR PUBLICATION
Pursuant to 42 U.S.C. § 405(g), plaintiff Sharon Brown ("plaintiff"), appeals the final decision of Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner" or "defendant"), which found that plaintiff was not eligible for disability insurance benefits under Title II of the Social Security Act ("the Act") or Supplemental Security Income ("SSI") benefits under Title XVI of the Act, on the ground that plaintiff is not disabled within the meaning of the Act.
Plaintiff alleges that she is disabled within the meaning of the Act and is entitled to receive the aforementioned benefits. Plaintiff further alleges that the Administrative Law Judge ("ALJ") erred in finding that she was not per se disabled under the act, improperly afforded limited weight to the opinion of plaintiff's treating physician, and improperly discredited plaintiff's credibility. Presently before the court are the parties' cross-motions for judgment on the pleadings. For thereasons set forth below, both parties' motions are denied and this case is remanded to the ALJ for further proceedings consistent with this Memorandum and Order.
On July 19, 2011, plaintiff filed her application for disability insurance benefits alleging disability on the basis of hypertension, sarcoidosis, a soft mass in her left shoulder, and dizziness for a period of disability beginning in November 2010. (ECF No. 17, Administrative Transcript ("Tr.") 179-87.) On July 20, 2011, plaintiff filed a Title XVI application for supplemental security income alleging the same disabilities as in her application for disability insurance. (Tr. 163-78.) Both claims were denied by the Social Security Administration ("SSA") on November 1, 2011. (Tr. 91-109.)
On December 6, 2011, plaintiff requested an administrative hearing. (Tr. 113-122.) October 10, 2012, plaintiff, appeared before ALJ Gal Lahat in Queens, New York, represented by John Moran, Esq. Plaintiff testified at the hearing, as did an impartial vocational expert, Ms. Amy Leopold. (Tr. 53-90.)
By a decision issued on October 26, 2012, the ALJ found that plaintiff was not disabled within the meaning of the Act and thus not entitled to benefits or SSI. (See Tr. 29-52.)Specifically, the ALJ found that plaintiff had the residual functioning capacity ("RFC") to perform less than the full range of light work as defined in 20 C.F.R. §§ 404.1567(b), 416.967(b). (Tr. 37.)
Plaintiff appealed the ALJ's decision to the Appeals Council on January 31, 2013. (Tr. 15-18.) Plaintiff submitted additional evidence to the Appeals Council on March 15, 2013. (Tr. 12-14.) The Appeals Council denied plaintiff's request on February 12, 2014, making the ALJ's decision the final decision of the Commissioner. (Tr. 5-8.) (Tr. 4-8.) This federal action followed.
Plaintiff commenced this instant action on April 14, 2014. (ECF No. 1, Complaint.) Plaintiff filed her Motion for Judgment on The Pleadings on September 12, 2014. (ECF No. 13, Plaintiff's Motion for Judgment on the Pleadings ("Pl. Mot."); 14, Plaintiff Memorandum of Law in Support of Judgment on the Pleadings ("Pl. Mem.").) Defendant filed her Cross-Motion for Judgment on the Pleadings and in Opposition to Plaintiff's Motion for Judgment on the Pleadings on December 4, 2014. (ECF No. 15, Defendant's Cross-Motion for Judgment on the Pleadings ("Def. Mot."); 16, Defendant's Memorandum of Law in Support of Cross-Motion for Judgment on the Pleadings ("Def. Mem.").)
Plaintiff was born on September 20, 1962 and was 48 years old at the time of the alleged disability onset date, November 2, 2010. (Tr. 203, 235.) She reports that she has completed high school, (Tr. 208, 235, 259), and has no problem speaking or understanding English. (Tr. 206.) In a disability report dated July 19, 2011, plaintiff indicated that she was disabled due to hypertension, sarcoidosis, a left arm anterior shoulder soft mass, and dizziness. (Tr. 207, 255.) She reported that she took hydrochlorothiazide to treat her high blood pressure, Symbicort to prevent bronchospasms, Prednisone to treat her inflammation, and Spiriva to open up her airways. (Tr. 213, 257.) Plaintiff uses a blood pressure monitor when she feels dizzy, and when it is too high she goes to the emergency room. (Tr. 222.)
Plaintiff reported in a function report dated August 18, 2011, that she was not currently employed and that she had stopped working on November 2, 2010 due to her medical condition. (Tr. 207, 258.) Plaintiff was previously employed as a child care worker who cared for three children from November 2005 until November 2010. (Tr. 208-09, 258-59.)
Plaintiff reported that she lived alone in an apartment, and that during the day, if she did not have amedical appointment, she typically takes her medication, goes the bathroom, watches television, and sits outside with her boyfriend, sister or a friend. (Tr. 215-16.) Plaintiff reported that she does not care for anyone else, and that she needs assistance at times getting dressed, bathing, caring for herself, feeding herself, and using the bathroom. (Tr. 216-17.) Plaintiff reported that she eats fast food or prepares simple meals three to four times weekly, if she does not feel dizzy. (Tr. 217.) She indicated that she does not do many household chores or yardwork, except preparing meals three or four times per week, sweeping, doing dishes and ironing, and requires assistance because she cannot stand long for periods of time. (Tr. 196, 217-18.) She can wash dishes and sweep, and is able to pick up small amounts of groceries. (Tr. 219.)
At the time of her application, plaintiff indicated that she goes outside three times per week, and is able to take public transportation. Although she has a driver's license, she does not drive. (Tr. 219.) Plaintiff reported that she cannot lift at all, cannot stand for long, and can only walk when necessary, and cannot climb stairs, kneel, or squat. (Tr. 220-21.) She has no problems using her hands, seeing, hearing and talking. (Tr. 221.) She stated that she can walk about a block or for a few minutes before needing to rest. (Tr. 222.) She also noted that she is sometimes forgetful, providing asexamples that she often forgets where she places things and her medical appointments. (Tr. 223.)
Plaintiff reported that she first began having pains "months ago," but could not remember the specific date, and that her throat and chest would tighten at times. (Id.) She reported that when her neck and chest tighten, she is unable to walk because it is hard to breathe. (Tr. 223-24.) Plaintiff also reported that she sometimes feels pain in her sides and her right arm that come with no warning. These pains last a few minutes. (Tr. 224.) She indicated that she was using an inhaler and taking Symbicort, Spiriva, Prednisone, Advil, and Tylenol for her pain and symptoms. (Tr. 224-25.) Plaintiff indicated that she cannot lie down comfortably. (Tr. 216.) Plaintiff also reports that she is unable to sleep because she feels as if she will choke in her sleep, and therefore sleeps sitting up. (Tr. 195.)
In her Disability Report-Appeal form, plaintiff reported that her condition had not changed. (Tr. 237-43.) She also reported taking the following medications for her symptoms: ibuprofen for her pain, Losartan potassium for her high cholesterol, Nifedipine, Trilipix, and Triamterene for her high blood pressure, Omeprazole for gastroesophageal reflux disease (GERD), and Spiriva for her lungs. (Tr. 240.) She indicatedthat Spiriva made her dizzy and Triamterene caused frequent urination. (Id.)
Plaintiff testified before ALJ Lahat at her administrative hearing. Plaintiff testified that she was born on September 20, 1962 in Jamaica. (Tr. 60.) She is five feet and five and half inches tall and weighs 160 pounds. (Tr. 77-78.) Plaintiff indicated that she was a smoker, but quit in January 2012. (Tr. 65.) She does not use drugs such as marijuana, cocaine, or heroin. (Tr. 68.) She does not drink, but in the past would occasionally drink a beer. (Tr. 68, 79.)
Plaintiff finished high school and attended college, but did not complete her college degree. (Tr. 60.) In the past, plaintiff worked as a certified nurse's assistant and a childcare worker for three children. (Tr. 61, 69.) Plaintiff stated that she quit working approximately two years prior because she was scared to care for the children due to her dizzy spells and difficulty conducting tasks. (Tr. 62.)
Plaintiff testified that she lives on her own and is able to perform various household chores. (Tr. 78.) She is able to perform tasks that require minimal exertion, such as washing the dishes. (Tr. 64.) She stated that she can probably cook, but does not because she is afraid. (Tr. 78.) In thebeginning of her testimony, she stated she can sweep, (Tr. 65), but later denied it and testified that her sister assisted her with household chores such as cleaning. (Tr. 78-79.) She does her grocery shopping at a store one block away. (Tr. 78.) She takes public transportation to and from her doctor's appointments. (Tr. 82-83.) She mainly only leaves the house for appointments and is accompanied by her boyfriend because of her fear that she may have a blackout. (Tr. 83-84.) She took the subway to the administrative hearing and takes the bus to medical appointments. (Tr. 82-83.)
Plaintiff stated that she tries to do nothing on a daily basis. (Tr. 64.) She starts her morning by taking her blood pressure because she tends to feel dizzy and knows that this is a symptom of high blood pressure. (Tr. 65-66.) She testified that she feels dizzy at least once...
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