Duran v. Colvin
| Decision Date | 22 July 2015 |
| Docket Number | 14 Civ. 4681 (AJP) |
| Parties | MARY DURAN, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Mary Duran, 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 her Social Security Supplemental Security Income ("SSI") benefits. (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. 21: Comm'r Notice of Motion; Dkt. No. 19: Duran Notice of Motion.) 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. 14.)
For the reasons set forth below, the Commissioner's motion for judgment on the pleadings (Dkt. No. 21) is GRANTED and Duran's motion (Dkt. No. 19) is DENIED.
Duran applied for SSI on May 5, 2011, alleging disability since April 1, 2011. After the Commissioner denied Duran's application oninitial review (R. 67-72), Duran requested a hearing (R. 73-74). On April 23, 2012 and January 2, 2013, Duran appeared before ALJ John Noonan. (R. 36-64.) On April 18, 2013, ALJ Noonan denied Duran's application, finding that Duran could perform light work. (R. 14-27.) On April 30, 2014, the Appeals Council denied Duran's request for review of the ALJ's April 18, 2013 decision. (R. 1-3.)
The period at issue is from April 1, 2011, when Duran alleged she first became disabled, through April 18, 2013, the date of ALJ Noonan's opinion.
Duran was born on November 23, 1968 and was forty-two years old on the date of her application for benefits. (R.142.) Duran graduated high school in the Dominican Republic. (R. 48, 59.) Duran only speaks Spanish. (R. 39.) Duran was gainfully employed from 1996 until 2011, as an office cleaner, hair washer and flower cutter. (R. 48, 59, 168, 191-94.) Duran is separated from her husband and lives with her four children, ranging in age from seven to twenty. (R. 46-47, 179.)
On May 31, 2011, Duran completed a Disability Function Report. (R. 179-98.) Duran stated that her conditions do not affect her personal care. (R. 180.) Duran prepares food daily. (R. 181.) Duran can go out alone and when she does so, she walks and uses public transportation. (R. 182.) Duran picks her children up from school. (Id.) Duran attends church twice a week and reads the Bible daily. (R. 184.) She goes shopping for groceries and clothing once every two weeks. (R. 183.) Duran needs help with cleaning, laundry and ironing. (R. 182.) Duran claims that back pain affects her ability to lift, sit, climb stairs, kneel and squat. (R. 184-85.) Duran claims that she cannot walk "to[o] much." (R. 185.) Duran also claims to have headaches every day. (R. 187.)
Duran visited the office of Dr. Bienvenido Fajardo nine times from December 2009 to January 2012. (See R. 249-326.) At each visit, Dr. Fajardo conducted a general examination, and the results were unremarkable. (Id.)
On December 23, 2009, Duran saw Dr. Fajardo because of lower back pain. (R. 252.) Dr. Fajardo performed a full physical examination and diagnosed Duran with lower back pain, cervical radiculopathy and hypertension. (Id.)
On January 14, 2010, Dr. Fajardo performed a respiratory and cardiovascular exam and diagnosed Duran with hypertension, asthma and lower back pain. (R. 251.) Dr. Fajardo prescribed Trilipix with a low fat diet, Symbicort and Singulair. (Id.)
On March 16, 2010, Dr. Fajardo performed a musculoskeletal exam and diagnosed Duran with lower back pain, cervical radiculopathy, lumbar radiculopathy and hypertension. (R. 250.)
On April 29, 2010, Duran again complained of back pain. (R. 249.) Dr. Fajardo again performed a respiratory and cardiovascular exam. (Id.) An MRI of Duran's cervical spine showed disc bulges from C4-C6. (Id.) An MRI of Duran's lumbar spine showed multiple levels with disc bulges. (Id.) Dr. Fajardo again diagnosed Duran with lumbar radiculopathy and hypertension and prescribed Celebrex. (Id.)
On September 29, 2010, Duran complained to Dr. Fajardo of generalized pain, bilateral arm pain, knee pain, low back pain and cervical pain. (R. 261.) Dr. Fajardo found Duran to be in a general good state of health with no weakness, fatigue or fever, good exercise tolerance, and ability to do usual activities. (Id.) Duran had "no muscle or joint pain, no neck/back/shoulderpain, . . . no limitation in motion." (R. 262.) Dr. Fajardo diagnosed Duran with hypertension, cervicalgia,1 tendinitis,2 pain in the upper and lower limbs, knee pain and asthma. (R. 262.) Dr. Fajardo prescribed Meloxicam and Enalapril, and counseling on diet and exercise as preventative medication. (R. 263.) Dr. Fajardo referred Duran to neurologist Dr. Casilda Balmaceda for a follow up concerning her tendinitis and cervicalgia. (R. 263.)
On February 3, 2011, physician's assistant Altagracia Navarro examined Duran and diagnosed her with hypertension and asthma. (R. 324-28.) She noted that Duran had good exercise tolerance and "was able to do usual activities,"and had "no limitation in motion." (R. 324-25.)
On July 21, 2011, P.A. Navarro examined Duran and diagnosed her with hypertension, asthma, vertigo and lower back pain. (R. 321-23.)
On September 1, 2011, P.A. Navarro examined Duran and diagnosed hypertension, asthma, vertigo and lower back pain. (R. 319-20.) P.A. Navarro prescribed ibuprofen for Duran's lower back pain. (R. 320.)
On January 23, 2012, Dr. Fajardo examined Duran and diagnosed hypertension, lumbar radiculopathy, cervical radiculitis3 and asthma. (R. 315-18.) Dr. Fajardo referred Duran to Broadway Family Physical Therapy for her lumbar radiculopathy and cervical radiculitis. (R. 318.) As preventative medicine, Dr. Fajardo prescribed counseling on diet and exercise. (Id.)
Duran visited the office of Dr. Casilda Balmaceda approximately eleven times from February 2011 to March 2012. (R. 271-392.) Dr. Balmaceda performed general and neurological exams, the results of which were largely unremarkable. (Id.)
On February 28, 2011, an MRI of Duran's cervical spine showed a cerebral tonsillar protrusion though the foramen magnum,4 disc desiccation, a broad-based disc bulge, a broad-based spondylitic5 ridge bulging disc complex and a central disc bulge. (R. 271.) A non-contrast MRI of Duran's brain showed a cerebellar tonsillar protrusion through the foramen magnum compatible with Chiari 1 malformation.6 (R. 272.) The malformation was "without significant change" from an April 2010 MRI. (R. 271-72.)
On March 26, 2011, Duran complained of dizziness and pain. (R. 369.) Dr. Balmaceda diagnosed cervicalgia and a lumbar strain and sprain. (Id.) Dr. Balmaceda prescribed Pennsaid and Savella to treat the cervicalgia. (R. 370.)
On May 26, 2011, an MRI of Duran's brain showed herniation of the cerebellar tonsils, crowding the cervicomedullary junction, with no changes since the February 2011 MRI. (R. 273.)
On June 14, 2011, Duran complained of severe dizziness, neck pain and spasms. (R. 371.) Dr. Balmaceda performed a general examination that showed no abnormalities. (Id.) Dr. Balmaceda again diagnosed Duran with cervicalgia and lumbar sprain and strain. (Id.)
On October 10, 2011, Dr. Balmaceda completed a medical source statement about Duran. (R. 287-93.) Dr. Balmaceda opined that due to back pain, Duran could only lift and carry up to ten pounds occasionally, sit for a total of one hour during an eight-hour workday and stand and walk for a total of less than one hour during an eight-hour workday. (R. 287-88.) Dr. Balmaceda stated that Duran's "pain is severe[,] constant and worse at the end of [the] day, worsened by any movements." (R. 288.) Dr. Balmaceda further opined that "[s]pasms in [Duran's] neck limit the repetitive movements of [her] arms and hands." (R. 289.) Dr. Balmaceda also opined that Duran could not tolerate poor environmental conditions such as dust and fumes. (R. 291.)
In November 2011, Duran saw neurosurgeon Dr. Angevine at Dr. Balmaceda's request. (See R. 382.) Dr. Angevine concluded that Duran had "no need for lumbar surgery." (Id.)
On November 17, 2011, Duran saw Dr. Balmaceda and exhibited "more posterior fossa7 signs, and some slurred speech." (R. 382.)
On December 22, 2011, Duran complained of severe neck pain and parasthesis down the arms. (R. 381.) Duran stated that she felt her arms and hands were less strong and that she dropped things once in a while. (Id.) Duran stated that she had also developed a new headache pain that lasted for hours. (Id.) General and neurological examinations showed no abnormalities. (R. 381-82.) Dr. Balmaceda prescribed an MRI of the cervical spine because of new deficits of the hands and also counseling on exercise and health as preventative medicine. (R. 382.)
On January 26, 2012, Dr. Balmaceda performed motor nerve and conduction studies on Duran that "revealed normal distal latencies and conduction velocities of bilateral tibial and peroneal nerves." (R. 392.) "Sensory nerve conduction studies revealed normal peak latencies and amplitudes for bilateral sural nerves" and "H-reflex8 studies were within the normal range." (R. 392.) The electrodiagnostic study of both lower limbs was normal. (Id.) There was "no electrodiagnostic evidence of lumbar radiculopathy or generalized peripheral neuropathy." (R. 392.)
On June 25, 2012, an x-ray of Duran's thoracic9 spine showed "degenerative narrowing of the T4-T5 through T12-L1 disc spaces," "mild kyphosis,"10 and "calcification of the discs." (R. 383.) The results showed "no significant change since [the] March 19, 2010 exam." (Id.)
On August 26, 2012, Duran had a lumbar...
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