Cruz v. Colvin
| Decision Date | 29 March 2016 |
| Docket Number | CIVIL ACTION FILE NO. 1:14-cv-03308-AJB |
| Parties | MARIA CRUZ, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
Plaintiff Maria Cruz ("Plaintiff") brought this action pursuant to sections 205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), to obtain judicial review of the final decision of the Acting Commissioner of the Social Security Administration ("the Commissioner") denying her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income Benefits ("SSI") under the Social Security Act.2 For the reasons below, the undersigned REVERSES the final decisionof the Commissioner AND REMANDS the case to the Commissioner for further proceedings consistent with this opinion.
Plaintiff filed applications for DIB and SSI on August 3, 2007, alleging disability commencing on April 18, 2004. [Record (hereinafter "R") 116-24]. Plaintiff's applications were denied initially and on reconsideration. [See R51-54]. Plaintiff then requested a hearing before an Administrative Law Judge ("ALJ"). [R66-67]. An evidentiary hearing was held on October 8, 2009. [R23-50, 429-54]. The ALJ issued a decision on November 24, 2009, denying Plaintiff's application on the ground that she had not been under a "disability" at any time from the application date through the date of the decision. [R10-16, 458-64]. Plaintiff sought review by the AppealsCouncil, and the Appeals Council denied Plaintiff's request for review on February 26, 2010, making the ALJ's decision the final decision of the Commissioner. [R1-3, 469-71].
Plaintiff then appealed the denial to this Court on April 23, 2010. Cruz v. Astrue, No. 1:10-cv-1244-ECS (N.D. Ga.), ECF No. 1. Following briefing, on September 13, 2011, the Court reversed the decision of the Commissioner and remanded the matter for further consideration. [R472-97 (Cruz, No. 1:10-cv-1244-ECS, ECF No. 15)]. A second hearing before a different ALJ was held on May 23, 2014. [R403-428]. The second ALJ issued a partially favorable decision on June 17, 2014, concluding that Plaintiff was not disabled prior to her fiftieth birthday on August 10, 2008, but became disabled on that date and continued to be disabled through the date of the decision. [R389-90].
Plaintiff then initiated a second action in this Court on October 15, 2014, seeking review of the Commissioner's latest decision. [See Doc. 1]. The answer and transcript were filed on March 19, 2015. [See Docs. 11, 12]. On April 20, 2015, Plaintiff filed a brief in support of her petition for review of the Commissioner's decision, [Doc. 13]; on May 20, 2015, the Commissioner filed a response in support of the decision, [Doc. 14]; and on June 2, 2015, Plaintiff filed a reply brief in support of her petition,[Doc. 15]. The matter is now before the Court upon the administrative record, the parties' pleadings, and the parties' briefs, and it is accordingly ripe for review pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).3
Plaintiff's date of birth is August 10, 1958, [R116], and she was therefore forty-six years old on her date last insured, December 31, 2004, [R391], and fifty-five years old at the time of the ALJ's June 17, 2014, decision, [R397]. She is illiterate in English and has a very limited ability to communicate in English. [R395]. She previously worked as a warehouse worker, a furniture inspector, and a food packer. [R421]. She claims that she became disabled as of April 18, 2004, due to high blood pressure and arthritis in her feet, knees, legs, hands, and arms. [R141].
At the second administrative hearing, Plaintiff testified that she had a sixth-grade education and could read Spanish and write a little in Spanish. [R409-10]. She statedthat she stopped working in 2004 because of pain in her hands, arms, and lower back that caused her to drop things and to be unable to walk. [R410]. She stated that as of December 31, 2004, she had issues with activities such as writing, doing her hair, fastening buttons, and tying her shoes, and she could lift only five to ten pounds and would still drop things. [R417]. She testified that at the time, a high-school-age child lived with her and her husband but that she could only sometimes be responsible for feeding him and making sure he got up and went to school on time because she was not able to get up or walk well. [R412-13]. She reported that at the time, the only treatment she received was pills for the pain, and that because she did not have money for treatment, she just purchased Tylenol. [R410-11].
Plaintiff stated that when she stopped working, she also stopped doing household cooking and cleaning because of the pain. [R418]. She testified that by the end of 2004, she could not sit for longer than an hour, could not stand or walk more than ten or fifteen minutes before the pain would make her need to sit down or lie down, and she was dropping things. [R416-17]. She stated that in 2005, she was using a rented wheelchair because of her inability to walk very far, and that the wheelchair had since been prescribed by her treating physician. [R413-14]. She also reported using a caneand walker at times but stated that sometimes her hands hurt too much to grab the walker. [R414-15].
In a field office disability report dated August 3, 2007, the interviewer observed that Plaintiff had difficulty reading, understanding, answering, sitting, standing, walking, using her hands, and writing. [R136-39]. The interviewer further stated that Plaintiff's hands were "very swollen and painful-looking"; it was "hard for her to sign her name only twice"; her face reflected pain; she walked very slowly; she sat down very gingerly; her daughter helped her lower herself to the chair; she "had great difficulty getting up after sitting for about 50 minutes"; and she did not appear to understand any English at all. [R138].
In an undated adult disability report, Plaintiff reported that her preferred language was Spanish and that she could not speak, read, write, or understand English. [R140-41]. She indicated that she had completed the ninth grade and that her education was in her native country in Spanish. [R145-46]. She reported that she began seeing Michael Landers, D.O., in January 2004 for high blood pressure and pain in her legs and feet and that she received injections in her knees for arthritis in or before April 2004. [R144]. She stated that she had not been able to go to the doctor because shelacked medical insurance and could not afford to pay for doctor visits or prescriptions. [R146].
A medication list indicates that on November 26, 2007, Plaintiff was prescribed tramadol5 for pain, prednisone6 to treat arthritis, levothyroxine7 to treat thyroid problems, and atenolol8 and hydrochlorothiazide9 to treat high blood pressure,[R214-15], and in May 2009, she began taking Enbrel injections10 to treat rheumatoid arthritis ("RA"), [R215].
Plaintiff visited Gwinnett Hospital in March 2004, with complaints of back pain and knee pain, among other things. [R267, 269, 273]. She was observed to have swelling, [R269], and both knees were tender to palpation, [R269, 273]. Current medications were Norvasc11 and Tylenol. [R269].
A lumbar x-ray taken on April 29, 2004, at Gwinnett Hospital showed a normal lumbar spine. [R265, 292, 316].
On May 18, 2004, Plaintiff visited Resurgens Orthopaedics for pain in both knees and was seen by Scott G. Quisling, M.D. [R250, 288, 290]. In a medical history report, Plaintiff stated that both of her knees hurt, it was difficult to walk, and her symptoms had been going on for about ten months. [R242]. She also reported swelling in her ankles, stated that she had arthritis, and indicated that she was having problems with her joints, spine, neck, back, shoulders, hands, hips, knees, ankles, and feet. [R244, 246]. She also indicated that she exercised. [R247].
During her appointment, Plaintiff reported to Dr. Quisling that the pain had been going on for the past ten months, was significant and present just about every day, and sometimes made it difficult for her to work. [R250, 288, 290]. A patellar grind test was positive, and x-rays demonstrated some mild medial joint space narrowing in both knees. [R250, 288, 290]. Dr. Quisling found positive patellofemoral crepitus12 and a possible small effusion13 in the right knee but no obvious collateral ligament or cruciate ligament instability, and light-touch sensation and motor function were fully intact throughout both lower extremities. [R250, 288, 290]. The impression given wasbilateral knee mild medial compartment degenerative joint disease. [R250, 288]. Plaintiff was given cortisone injections in both knees and was told to stay on anti-inflammatory medications. [R250-51, 288-91].
On August 30, 2007, Plaintiff underwent a consultative examination with Julius Olukayode Ajayi, M.D. [R217-27]. Plaintiff alleged arthritis in her feet, knees, legs, and hands, and she complained of diffuse neck, wrist, knee, and lower-back pain that had lasted for four years. [R217]. Plaintiff reported morning stiffness, persistent pain in her hands that is worsened by minimal activity, lower-back pain that is worsened by standing and sitting for long periods, and knee pain that makes it difficult for her to walk or climb. [R217]. She stated that the pain kept her from doing any household work, that she was unable to drive or operate machines, and that her social activities were limited because of the pain. [R217]. She indicated that she had bilateral knee injections with partial relief. [R217-18]. Plaintiff also reported a ten-year history of hypertension and admitted to headache, dizziness, chest pain, and intermittent blurry vision, [R217-18], and she also...
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