Carter v. Colvin, Civil Action No. 0: 16–017–DCR

• Decision Date: 15 November 2016
• Docket Number: Civil Action No. 7: 16–111–DCR, Civil Action No. 7: 16–059–DCR,Civil Action No. 0: 16–017–DCR, Civil Action No. 0: 16–061–DCR, Civil Action No. 7: 16–101–DCR, Civil Action No. 7: 16–153–DCR, Civil Action No. 7: 16–068–DCR, Civil Action No. 7: 16–075–DCR, Civil Action No. 7: 16–051–DCR
• Parties: Buster CARTER, Plaintiff, v. Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant, Crystal R. Meade, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, Timothy L. Howard, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, Rodney Justice, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, Margie Lewis, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, Daniel L. Doucette, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, Carolyn Griffith, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, Robert Martin, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant, Stanley Caudill, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.
• Court: U.S. District Court — Eastern District of Kentucky

220 F.Supp.3d 789

Buster CARTER, Plaintiff,

v.Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant,Crystal R. Meade, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant,Timothy L. Howard, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant,Rodney Justice, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant,Margie Lewis, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant,Daniel L. Doucette, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant,Carolyn Griffith, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant,Robert Martin, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant,Stanley Caudill, Plaintiff,

v.Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.

Civil Action No. 0: 16–017–DCR

Civil Action No. 0: 16–061–DCR

Civil Action No. 7: 16–051–DCR

Civil Action No. 7: 16–059–DCR

Civil Action No. 7: 16–068–DCR

Civil Action No. 7: 16–075–DCR

Civil Action No. 7: 16–101–DCR

Civil Action No. 7: 16–111–DCR

Civil Action No. 7: 16–153–DCR

United States District Court, E.D. Kentucky, Northern/Southern Division. (at Ashland/Pikeville).

Signed November 15, 2016

Michael Todd Hogan, Hogan, Derifield and Perdue, PLLC, Louisa, KY, for Plaintiff.

Amanda B. Gilman, Social Security Administration, Baltimore, MD, Meghan Frei Berglind, Sara Bellamy, Social Security Administration, Denver, CO, John S. Osborn, III, U.S. Attorney's Office, EDKY, Lexington, KY, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT

Danny C. Reeves, United States District Judge

These matters are pending for consideration of Defendant Carolyn Colvin, Acting Commissioner of Social Security's, motions to dismiss in part. Pursuant to Rule 56 of the Federal Rules of Civil Procedure and the Notices entered in each case, the motions to dismiss in part were converted to motions for summary judgement in part. The parties were given time to respond, and the matters are ripe for review. Because there are no disputes regarding the material facts, and because resolution of the legal issues favor the defendant, the Acting Commissioner's motions will be granted.

I. BACKGROUND

Ashland Civil Action No. 0: 16–017—Buster Carter

Plaintiff Buster Carter is a resident of Lawrence County, Kentucky. Prior to his application for disability benefits, Carter worked for 10 years as a coal miner and approximately 20 years as a truck driver. [Ashland Civil Action No. 0: 16–017; Record No. 4, pp. 4, 5] After being denied Social Security Disability Insurance benefits ("DIB") in a January 29, 2009 application, Carter submitted new medical evidence and requested a hearing on April 27, 2010. [Ashland Civil Action No. 0: 16–017; Record No. 7–1, p. 4] No hearing was held, however. Instead, Carter's application was approved in a fully-favorable, on-the-record decision dated August 3, 2010. [Id. at p. 1] The decision found Carter to have been disabled since November 22, 2008. [Id. ] Carter was represented in the latter action by attorney Eric Conn, and the new medical evidence was submitted by Dr. Frederic Huffnagle, M.D. (now deceased). [Id. ] Administrative Law Judge ("ALJ") David Daugherty reviewed Carter's case and issued the on-the-record decision. [Id. ]

Conn, Huffnagle, and Daugherty have been implicated in a scheme to defraud the Social Security Administration.¹ That scheme is the basis for the present controversy.

Ashland Civil Action No. 0: 16–061—Crystal R. Meade

Plaintiff Crystal Meade also is a resident of Lawrence County, Kentucky. [Ashland Civil Action No. 0: 16–061; Record No. 1, p. 1] Prior to her application for disability benefits, Meade worked for the State of Kentucky for approximately 20 years processingfood stamp and Medicaid requests. [Ashland Civil Action No. 0: 16–061; Record No. 15–1, p. 23] After being denied Social Security Disability Insurance Benefits ("DIB") in a December 25, 2008 application, Meade submitted new medical evidence and requested a hearing on May 15, 2009. [Id. at p. 12] Without holding a hearing, ALJ David Daugherty issued a fully-favorable decision on August 7, 2009, concluding that Meade had been disabled since January 1, 2007. [Ashland Civil Action No. 0: 16–061; Record No. 6–1, p. 4] Meade was represented in the latter action by Eric Conn and ALJ Daugherty relied on the opinions of Dr. Frederic Huffnagle, M.D. [Id. at pp. 4, 6]

Pikeville Civil Action No. 7: 16–051—Timothy L. Howard

Plaintiff Timothy Howard is a resident of Knott County, Kentucky. [Pikeville Civil Action No. 7: 16–051; Record No. 1, p. 1] Prior to his application for disability benefits, Howard worked as a gas well operator, electrician, and maintenance technician. [Pikeville Civil Action No. 7: 16–051; Record No. 12–1, p. 34] After being denied Social Security Disability Insurance Benefits ("DIB") in a December 28, 2006 application, Howard submitted new medical evidence and requested a hearing on May 31, 2007. [Id. at p. 21] Without holding a hearing, ALJ David Daugherty issued a fully-favorable decision on July 9, 2007, concluding that Howard had been disabled since May 11, 2006. [Id. ] Howard was represented in the latter action by Eric Conn and ALJ Daugherty relied on the opinions of Dr. Frederic Huffnagle, M.D. [Id. at p. 7]

Pikeville Civil Action No. 7: 16–059—Rodney Justice

Plaintiff Rodney Justice is a resident of Pike County, Kentucky. [Pikeville Civil Action No. 7: 16–059; Record No. 1, p. 1] Prior to his application for disability benefits, Justice worked as a coal miner and heavy laborer. [Pikeville Civil Action No. 7: 16–059; Record No. 19–1, p. 24] After being denied Social Security Disability Insurance Benefits ("DIB") in an October 31, 2006 application, Justice submitted new medical evidence and requested a hearing on April 26, 2007. [Pikeville Civil Action No. 7: 16–059; Record No. 13–1, p. 21] Without holding a hearing, ALJ David Daugherty issued a fully-favorable decision on June 8, 2007, concluding that Justice had been disabled since April 6, 2005. [Id. ] Justice was represented in the latter action by Eric Conn and ALJ Daugherty relied on the opinions of Dr. Frederic Huffnagle, M.D. [Id. at pp. 4, 7]

Pikeville Civil Action No. 7: 16–068—Margie Lewis

Plaintiff Margie Lewis is a resident of Floyd County, Kentucky. [Pikeville Civil Action No. 7: 16–068; Record No. 1, p. 1] Prior to her application for disability benefits, Lewis worked as a nursing aide and daycare assistant. [Pikeville Civil Action No. 7: 16–068; Record No. 17–1, p. 48] After being denied Social Security Disability Insurance Benefits ("DIB") in a March 30, 2009 application, Lewis submitted new medical evidence and requested a hearing on May 21, 2009. [Id. at p. 15] Without conducting a hearing, ALJ David Daugherty issued a fully-favorable decision on July 2, 2009, concluding that Lewis had been disabled since June 30, 2008. [Pikeville Civil Action No. 7: 16–068; Record No. 10–1, pp. 4, 7] Lewis was represented in the latter action by Eric Conn and ALJ Daugherty relied on the opinions of Dr. Frederic Huffnagle, M.D. [Id. at pp. 4, 6.]

Pikeville Civil Action No. 7: 16–075—Daniel L. Doucette

Plaintiff Daniel Doucette is a resident of Magoffin County, Kentucky. [Pikeville Civil Action No. 7: 16–075; Record No. 1, p. 1] Doucette has past relevant work experienceas a cable installer, corrections officer, and brick layer. [Pikeville Civil Action No. 7: 16–075; Record No. 5–3, p. 5] Doucette filed an application for Social Security Disability Insurance Benefits ("DIB") on February 20, 2009. [Pikeville Civil Action No. 7: 16–075; Record No. 1, p. 2] Without holding a hearing, ALJ David Daugherty issued a fully-favorable decision on July 2, 2009, concluding that Doucette had been disabled since July 1, 2008. [Pikeville Civil Action No. 7: 16–075; Record No. 5–1, p. 1, 7] Doucette was represented by Eric Conn and ALJ Daugherty relied on the opinion of Dr. Frederic Huffnagle. [Id. at pp. 1, 6]

Pikeville Civil Action No. 7: 16–101—Carolyn Griffith

Plaintiff Carolyn Griffith is a resident of Pike County, Kentucky. [Pikeville Civil Action No. 7: 16–101; Record No. 1, p. 1] After being denied Supplemental Security Income benefits ("SSI") in a February 13, 2008 application, Griffith submitted new medical evidence and requested a hearing on June 24, 2008. [Pikeville Civil Action No. 7: 16–101; Record No. 11–2, p. 6] Griffith was subsequently awarded SSI benefits on July 31, 2008, based on a finding that she had been disabled since February 8, 2008. [Pikeville Civil Action No. 7: 16–101; Record No. 11–1, p. 1] In her latter application for SSI benefits, Griffith was represented by attorney Conn. [Id. ] She received a fully-favorable, on-the-record decision by ALJ Daugherty, which relied on medical evidence submitted by Dr. Bradley Adkins, Ph.D. [Id. ] As noted in footnote 1 above, Adkins also is charged in a scheme to defraud the Social Security Administration.

Pikeville Civil Action No. 7: 16–111—Robert Martin

Plaintiff Robert Martin is a resident of Floyd County, Kentucky. [Pikeville Civil Action No. 7: 16–111; Record No. 1, p. 2] Martin has past relevant work experience as a truck driver. [Pikeville Civil Action No. 7: 16–111; Record No. 18–3, p. 39] Martin filed an application for Social Security Disability Insurance Benefits ("DIB") on August 12, 2008, and an application for Supplemental Security Income ("SSI") on August 29, 2008. [Id. at 24] The claim was denied both initially and upon reconsideration. [Id. ] Martin then made a written request for a hearing, with assistance of attorney Conn, on April 9, 2009. [Id. ] Upon the new request, Martin received a fully-favorable decision from ALJ Daugherty on June 11, 2009. [Pikeville Civil Action No. 7: 16–111; Record No. 10–1, p. 1] ALJ Daugherty, relying on evidence submitted by Dr. Frederic Huffnagle, M.D., and without holding a...