O'Dell v. Colvin
| Decision Date | 22 November 2016 |
| Docket Number | 16 Civ. 368 (AJP) |
| Parties | PATRICK JOHN O'DELL, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Patrick O'Dell 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 his application for 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. 24: O'Dell Notice of Mot.; Dkt. No. 27: 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. 17.)
For the reasons set forth below, the Commissioner's motion for judgment on the pleadings (Dkt. No. 27) is GRANTED and O'Dell's motion (Dkt. No. 24) is DENIED.
O'Dell filed an application for DIB on November 1, 2012, alleging a disability onset date of April 27, 2012. The Social Security Administration ("SSA") denied O'Dell's application on February 15, 2013. (R. 78-81.) O'Dell requested a hearing before an Administrative Law Judge ("ALJ") on March 5, 2013. (R. 82-83.) On February 27, 2014, O'Dell had a hearing before ALJ Michael J. Stacchini. (R. 28-63.) At the hearing, represented by counsel, O'Dell amended the alleged disability onset date to May 27, 2011. (R. 30, 36-37.) On June 20, 2014, ALJ Stacchini issued a written decision finding O'Dell not disabled within the meaning of the Social Security Act. (R. 9-22.) ALJ Stacchini's decision became the Commissioner's final decision when the Appeals Council denied review on November 19, 2015. (R. 1-7.)
Born on October 26, 1982, O'Dell was twenty-eight years old at the alleged May 27, 2011 onset of his disability. (R. 64-65.) In a December 13, 2012 function report (R. 191-201), O'Dell stated that between waking up in the morning and going to bed at night, he would typically shower, shave, watch television, take naps, read, use the computer and otherwise stay in bed most of the time (R. 192). For meals, O'Dell would eat out and "fix quick and simple meals such as salads, sandwiches [and] soups" two or three days a week. (R. 193.) He stated that he was capable of performing "[l]ight chores" (R. 194), that he would go outside every day (id.), and that he was able to drive short distances and shop for basic necessities (R. 195). His hobbies included performing volunteer administrative services for the fire department. (R. 195.) Depending on how he was feeling physically and mentally, O'Dell would "spend time with others by visiting them at their homes, going out to dinner," and by attending sporting events. (R. 196.) O'Dell asserted that as a result of his physical condition, his ability to lift, stand, walk and sit was "[l]imited." (Id.) He also stated that his sleep was affected by nightmares, which he attributed to posttraumatic stress disorder ("PTSD"). (R. 192.) In combination with his anxiety and depression, O'Dell's PTSD made it more difficult to get along with people in authority. (R. 198.) Finally, O'Dell's function report indicated that he experienced unpredictable chest and neck pain. (R. 200.) For his chest pain, he would take nitroglycerin, which sometimes made him dizzy. (R. 200-01.) He would take Motrin for his neck pain as needed. (R. 200.)
During his hearing before ALJ Stacchini on February 27, 2014, O'Dell testified that he was living with his parents (R. 34), and that he was "not big on being alone" due to the attacks of angina that occasionally would wake him up at night (R. 56-57). He testified that he did "minimal" chores at his parents' house, including laundry and preparing meals for himself. (R. 38.) He stated that he was capable of driving, and that he would go shopping for clothing and personal necessities. (R. 39.) O'Dell testified that he was "a member of multiple volunteer agencies," including an "ambulance corps, . . . a couple of different fire departments[,] . . . an Elks club . . . [and] the Knights of Columbus." (Id.) He would occasionally "visit[] and chat[]" and "socialize" at events for these organizations, but stated that he did not "go to too many meetings" anymore. (Id.)
O'Dell also testified regarding his volunteer work with the fire department (R. 39-41) and an ambulance company (R. 41), which lasted until January 1, 2014. (R. 40.) He stated that his duties at the fire department included "making sure that the equipment was there," and calling vendors when equipment needed repair. (R. 41.) With the ambulance company, O'Dell was the chief operating officer and "oversaw the daily operation of the vehicles, the paid staff, and the volunteers." (Id.) Some weeks, however, O'Dell (R. 46.) O'Dell testified that he stopped volunteering because (R. 41.)
O'Dell worked as a "full duty" police officer (R. 37) from February 2007 until 2010 (R. 74). At some point in 2010, O'Dell was placed on light duty (see R. 36-37), which involved "answering every call that came in, . . . sitting in a desk, dealing with the people coming into the building, [and] assigning calls to the . . . units" (R. 38). This period of light duty was the result of a motor vehicle accident in 2009 (R. 50) and the onset of his angina, which began with his admission to the ER in October 2010 (R. 42). O'Dell testified that he worked light duty until May 27, 2011 (R. 36), when he resigned from the police department because of "the problems with [his] heart" and "problems with depression" (R. 41).
With regard to his medical conditions, O'Dell stated that he experiences attacks of angina that occur at random and with varying severity. (R. 42-43, 56.) Those attacks cause chest pain (R. 56), and sometimes cause dizziness (R. 43) and/or "some shortness of breath" (R. 56). O'Dell stated that the most severe attacks feel "like having a large truck parked in the center of [his] chest." (R. 56.) The attacks would occur at "any time" (R. 42); O'Dell testified that he has "woken up in the middle of very bad attacks" (R. 56). He further stated that he had not "had any ER visits since the original onset" of his angina in October 2010, but that he had made emergency visits to his cardiologist's office in connection with the attacks. (R. 42.) With regard to managing the attacks, O'Dell testified that "there was nothing more tha[t] could be done other than the taking of nitroglycerin." (R. 43.)
O'Dell testified that he experienced neck and back pain, which had recently developed into "left-sided weakness," "a problem with [his] hands shaking," and "some loss of balance." (R. 43-44.) He attributed these problems to the 2009 motor vehicle accident, and stated that the problems appeared to be getting worse. (R. 49-51.) He testified that his back and neck pain "usually maintains a 3 to a 4" on a ten-point scale, but that it has been as bad as seven out of ten. (R. 54.) O'Dell further stated that at the time of the hearing, he was receiving chiropractic treatment (R. 44) and taking "[o]nly over-the-counter ibuprofen . . . maybe four to five times a week" to manage his neck and back pain (R. 45-46). He implied that he had not sought more vigorous medical treatment because he lost his health insurance coverage in May 2012 and therefore was paying for all treatment out of pocket. (R. 44.) He asserted that, due to his back and neck problems, he would have to get up and walk around after an hour of sitting if the chair was not comfortable. (R. 55.)
O'Dell described his mental impairments as "anxiety, depression, [and] . . . post-traumatic stress." (R. 47.) He stated that he has nightmares and "a lot of trouble sleeping at night." (R. 44.) He further asserted that he has "a very hard time in large crowds especially if [he is] not . . . with other people that [he is] comfortable with." (Id.) He stated that he has "a lot of anxiety," and that even "the most minor thing in the world" can trigger stress or cause him to become upset. (R. 44-45.) He testified that "sometimes [he] spend[s] two to three days in bed" (R. 47), and he resigned from his position as a police officer partly because of his "problems with depression" (R. 41). O'Dell admitted that he spent time with friends by going out to eat at restaurants, but asserted that he did not do much else in the way of socializing. (R. 46.)
Finally, the Court notes that at the beginning of the hearing, O'Dell's counsel answered "[y]es" when ALJ Stacchini asked: "do I have all medical evidence that bears on disability . . . including any and all opinions[?]" (R. 33.)
Evidence Pertaining to O'Dell's Angina
O'Dell began seeing cardiologist Dr. Saleem Choudhry in 1997. (See R. 485.) On June 21, 2011, O'Dell visited Dr. Choudhry with complaints of "severe chest pain," shortness of breath and heart palpitations. (R. 424.) Dr. Choudhry noted that O'Dell's attacks of such symptoms were becoming "more frequent" and "less predictable"; Dr. Choudhry "[a]dvised [O'Dell] not to return to work because of the stress level." (Id.) During an August 2, 2011 visit, Dr. Choudhry noted that O'Dell "continues to have severe chest pain mostly with mental stress—mostly connected to work related issues." (R. 421.) A May 21, 2012 note by Dr. Choudhry stated that he conducted a stress test due to O'Dell's complaints of chest pain and "[s]evere [h]ypertension." (R. 402, 404.) The stress test revealed no indication of ischemia...
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