Campbell v. Comm'r of Soc. Sec.
| Decision Date | 01 November 2016 |
| Docket Number | 15 Civ. 2773 (AJP) |
| Parties | KENUTE H. CAMPBELL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Kenute H. Campbell, represented by counsel, brings this action pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), challenging the final decision of the Commissioner of Social Security denying him Disability Insurance Benefits ("DIB"). (Dkt. No. 1: Compl.) Presently before the Court are the parties' cross-motions for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). (Dkt. No. 12: Campbell Notice of Mot.; Dkt. No. 15: Comm'r Notice of Mot.) The parties have consented to decision of the case by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 9.)
For the reasons set forth below, the Commissioner's motion for judgment on the pleadings (Dkt. No. 15) is GRANTED and Campbell's motion (Dkt. No. 12) is DENIED.
On July 24, 2012, Campbell applied for DIB, alleging disability since May 13, 2010. The Social Security Administration ("SSA") denied Campbell's application on October 25, 2012. (R. 57-62.) On November 21, 2013, represented by counsel, Campbell had a hearing before Administrative Law Judge ("ALJ") Vincent Cascio. (R. 27-49.) On January 29, 2014, ALJ Cascio issued a written decision finding Campbell not disabled. (R. 8-24.) ALJ Cascio's decision became the Commissioner's final decision when the Appeals Council denied review on March 25, 2015. (R. 1-4.)
Campbell, born on July 7, 1965, was forty-four years old at the alleged May 13, 2010 onset of his disability. (R. 110.) He lives in a house in New City, New York with his three children, ages 10, 15 and 18. (R. 36.) His children do most of the cooking, cleaning and grocery shopping with his supervision. (R. 36-37.) Campbell is a high school graduate, can read and write in English, but knows little about how to use a computer besides checking his e-mail. (R. 42.) In his spare time, Campbell watches television, listens to Christian music and reads the Bible. (R. 44.) He attends church three days a week on Sundays, Tuesdays and Fridays. (Id.)
Campbell worked for United Airlines as a lead ramp serviceman for twenty-four years, loading and unloading cargo from airplanes. (R. 32-33.) His job involved standing and lifting up to 70 pounds. (R. 33.) On May 13, 2010, he was knocked down by a baggage cart when a coworker drove away without clearance. (R. 32-34.) As a result, he injured his neck, shoulder, back and knees. (R. 34.) Campbell testified that the heaviest object he can pick up is a gallon of milk and that he avoids lifting anything heavier than fifteen pounds. (R. 38.) He sits for about twenty minutes at a time before moving around or standing up. (R. 39-40.) He testified that he can stand only for about four minutes before the pain starts and that he can walk less than a block before resting. (R. 38-39.)
For pain relief, Campbell receives epidural injections in his knees and back (R. 34), in addition to taking oxycodone, naproxen and ibuprofen (R. 40). He testified that he takes oxycodone at least twice a week, and that it usually leaves him drowsy or "loopy." (R. 40-41.) Campbell underwent surgery on both knees in early 2011. (R. 34-35.) His doctors also have discussed back surgery (R. 34) and knee replacement surgery (R. 40) with him, though Campbell has expressed hesitance about both (R. 34, 40).
On June 17, 2010, Campbell began seeing Dr. Berezin, an orthopedic surgeon. (R. 243.) Campbell was diagnosed at this time with cervical strain, lumbar strain, right shoulder contusion and bilateral knee osteoarthritis. (R. 243-44.) Dr. Berezin also administered an injection of Depo-Medrol1 to Campbell's left knee. (R. 244.) Dr. Berezin opined that Campbell was "unable to work." (Id.)
Campbell visited Dr. Berezin six more times in 2010 with consistent complaints of right shoulder pain, bilateral knee pain and back pain. (R. 243-50.) Dr. Berezin administered additional injections of Depo-Medrol to Campbell's knees, back, or right shoulder on July 7, September 1, October 27 and December 1, 2010. (R. 244, 245, 247, 249, 250.) Dr. Berezin noted in every visit that Campbell was "unable to work." (R. 244-50.)
In June, August and October 2010, Dr. Berezin referred Campbell for a magnetic resonance imaging ("MRI") of his lumbar spine, both knees, and right shoulder. (R. 244, 247, 248.)Campbell's lumbar spine MRI revealed multi-level spondylitic2 changes. (R. 274.) The MRIs of his right and left knee revealed "a torn meniscus, as well as degenerative changes." (R. 249, 275-78.) Campbell's right shoulder MRI revealed tendinitis. (R. 279.)
On January 31, 2011, Dr. Berezin performed arthroscopic surgery on Campbell's left knee to repair the medial meniscus tear and chondromalacia. (R. 264.) In subsequent visits to Dr. Berezin, Campbell expressed that his left knee generally felt better. (R. 253-56.) However, Campbell visited Dr. Berezin with complaints of bilateral knee pain on August 5, 2011. (R. 257.) Dr. Berezin administered a viscosupplementation3 injection to Campbell's left knee on August 31, 2011. (R. 261.)
On April 7, 2011, Dr. Berezin performed arthroscopic surgery on Campbell's right knee to repair the medial meniscus tear. (R. 268.) Unlike the improvement with his left knee, Campbell continued to complain of right knee pain. (R. 256.) Dr. Berezin administered a Depo-Medrol injection to Campbell's right knee on July 1, 2011 (id.) and a Euflexxa injection on August 5, 2011 (R. 257).
Between November 2011 and August 2012, Campbell visited Dr. Berezin six more times with complaints of bilateral knee pain and occasionally back pain. (R. 291-97.) Dr. Berezin recommended viscosupplementation injections and continued to note that Campbell was "unable to work at his job." (R. 291-93.)
On May 29, 2013, Dr. Berezin examined Campbell for a workers' compensationprogress report. (R. 334-38.) Dr. Berezin diagnosed Campbell with "Osteoarthrosis Unspecified." (R. 335.) Additionally, in the section of the progress report asking whether Campbell can return to work without limitations, return to work with limitations, or cannot return to work at all, Dr. Berezin indicated that Campbell cannot return to work at all because of "knee pain and low back pain." (R. 336.)
On September 16, 2010, Campbell was referred to Dr. Paul Jones, an orthopedic surgeon, for an independent orthopedic examination. (R. 197.) Between September 2010 and March 2012, Dr. Jones examined Campbell four times. (R. 183-99.) At the time of the first examination, Campbell had been going to physical therapy three times a week and taking Naproxen and Soma for his pain. (R. 197.) Dr. Jones diagnosed Campbell with "cervical and lumbar syndrome" and "possible internal derangement of the right shoulder and the right knee." (R. 198.) Dr. Jones found that Campbell could return to work with "restrictions against prolonged overhead work, bending, running, prolonged standing, squatting and excessive use of stairs and ladders." (R. 199.)
On November 29, 2010, Dr. Jones reviewed the MRIs of Campbell's knees and opined that "bilateral knee arthroscopy on a causally related basis is appropriate and should be authorized." (R. 194.)
On May 12, 2011, Dr. Jones conducted another examination after Campbell's second knee arthroscopic surgery. (R. 191-92.) He noted that Campbell was "status post bilateral knee surgery" and undergoing pain management to his lower back. (R. 192.) Dr. Jones opined that Campbell could return to work with "restrictions against bending, running, squatting and excessive use of stairs and ladders." (R. 193.) He additionally set Campbell's lifting limit at approximately fifteen pounds on an occasional basis. (Id.)
On September 29, 2011, Dr. Jones examined Campbell again. (R. 187-90.) At this time, Campbell had been undergoing physical therapy for his knees, receiving viscosupplementation injections to his knees and receiving injections for pain management to his back. (R. 187.) Dr. Jones' diagnosis was "that of status post knee surgery with degenerative changes noted . . . ." (R. 188.) He also noted a "lumbar syndrome" (id.) and that Campbell had lost some motion of his left knee (R. 189). Dr. Jones opined that Campbell could work with restrictions against bending, running, squatting and excessive use of stairs and ladders and occasional lifting of no more than fifteen pounds. (Id.)
On March 29, 2012, Dr. Jones examined Campbell for the fourth time, diagnosing symptomatic osteoarthritis of both knees post surgery, as well as a lumbar syndrome. (R. 184-86.) Dr. Jones noted that Campbell's neck and shoulder problems had resolved. (R. 185.) Dr. Jones recommended that Campbell continue with his pain management injections. (Id.) He opined that Campbell could return to work with restrictions against running, squatting, bending, excessive use of stairs and ladders and lifting more than fifteen pounds. (R. 186.) After this visit, Dr. Jones submitted an addendum on April 2, 2012, stating that "there is clear evidence of permanency as [Campbell] has had bilateral knee surgery and spinal issues, which continue." (R. 183.)
On September 21, 2010, Campbell's insurance carrier referred him to Dr. Jeffrey Ritholtz for an independent chiropractic evaluation. (R. 224-28.) Dr. Ritholtz reviewed Campbell's medical history and records, and conducted a physical examination. (R. 225-26.) He diagnosed Campbell with cervical, thoracic and lumbar sprain. (R. 228.) Dr. Ritholtz did not recommend any chiropractic care and opined that Campbell may return to work full-time with no restrictions. (Id.)
On October 14, 2010,...
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