Pacifico v. Colvin, CASE NO. 1:14-cv-01280-CCC-GBC
| Decision Date | 31 August 2015 |
| Docket Number | CASE NO. 1:14-cv-01280-CCC-GBC |
| Court | U.S. District Court — Middle District of Pennsylvania |
| Parties | ANTHONY PACIFICO, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. |
(JUDGE CONNER)
(MAGISTRATE JUDGE COHN)
REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S APPEAL
Docs. 1, 10, 11, 14, 15
On December 23 and December 29, 2011, Anthony Pacifico ("Plaintiff") filed as a pro se claimant for disability insurance benefits under Title XVI and II of the Social Security Act, 42 U.S.C. §§ 401-34, 1181-1183f, with a last insured date of December 31, 2011,1 and claimed a disability onset date of June 30, 2011.(Administrative Transcript (hereinafter, "Tr."), 24). On June 11, 2012, Plaintiff was appointed a non-attorney representative. (Tr. 133). After the claim was denied at the initial level of administrative review, the administrative law judge ("ALJ") held a hearing on February 7, 2013. (Tr. 37-70). On February 25, 2013, the ALJ found that Plaintiff was not disabled within the meaning of the Act. (Tr. 21-36). On April 19, 2013, Plaintiff filed a request for review with the Appeals Council (Tr. 9-20), which the Appeals Council denied on May 9, 2014, thereby affirming the decision of the ALJ as the "final decision" of the Commissioner. (Tr. 1-7). On July 2, 2014, Plaintiff secured representation from attorney Jonathan P. Foster. (Tr. 1-4).
On July 2, 2014, Plaintiff filed the above-captioned action pursuant to 42 U.S.C. § 405(g) and pursuant to 42 U.S.C. § 1383(c)(3), to appeal a decision of the Commissioner of the Social Security Administration denying social security benefits. (Doc. 1). On November 5, 2014, the Court referred this case to the undersigned Magistrate Judge. On November 24, 2014, the Commissioner("Defendant") filed an answer and an administrative transcript of proceedings. (Doc. 10, 11). On February, 13, 2015, Plaintiff filed a brief in support of the appeal. (Doc. 14 ("Pl. Brief")). On March 17, 2015, Defendant filed a brief in response. (Doc. 15 ("Def. Brief")). On June 12, 2015, Plaintiff indicated that he would not file a reply brief. (Doc. 17).
Plaintiff was born on October 24, 1980, and thus was classified by the regulations as a younger person through the date of the ALJ decision rendered on February 25, 2013. 20 C.F.R. § 404.1563 (c). Plaintiff alleges the following impairments: "recurrent arrhythmias, atrial fibrillation, chronic systolic heart failure, cardiomyopathy, right bundle block, status post right side ablation procedure in January 2013 with attendant debilitating fatigue, weakness, shortness of breath, headaches, joint and muscle pain, bilateral carpal tunnel syndrome andcardiac medications which have adverse side effects of fatigue." Pl. Brief at 1; (Tr. 26).
Plaintiff's past relevant work includes working as a drafting technician, which entails making drawings of industrial parts by hand and on the computer. (Tr. 31, 45). Plaintiff stopped working as a draft technician in 2006, because he was fired for sexual harassment. (Tr. 46). After collecting unemployment, he worked through a temporary agency while he waited to start college in 2008. (Tr. 46-47). Plaintiff attended college full-time through December 2012. (Tr. 30, 43). Although he received a couple of incompletes and had a couple more classes to finish up, he was graduating with a major in liberal studies and a minor in math. (Tr. 42). Plaintiff explained that he received the incompletes in his online classes because he struggled with classes on the computer, but he successfully completed the classes where he had to appear for class. (Tr. 43). During the time that he was in college full-time, he also maintained a part-time job as a tutor through the work-study program which he stopped because the school year ended. (Tr. 47, 84, 89, 180).
Earnings reports demonstrate the following annual earnings: 1) 1998: met earning threshold for four quarters of coverage,3 totaling $2866; 2) 1999: met earning threshold for one quarter of coverage, totaling $1408.50; 3) 2000: met earning threshold for four quarters of coverage, totaling $12463.67; 4) 2001: met earning threshold for four quarters of coverage, totaling $19882.44; 5) 2002: met earning threshold for four quarters of coverage, totaling $20445.47; 6) 2003: met earning threshold for four quarters of coverage, totaling $21153.78; 7) 2004: met earning threshold for four quarters of coverage, totaling $22824.44; 8) 2005: met earning threshold for four quarters of coverage, totaling $23009.84; 9) 2006: metearning threshold for four quarters of coverage, totaling $13435.30; 10) 2007: did not meet earning threshold for any quarter of coverage, totaling $756.72; 11) 2008: did not meet earning threshold for any quarter of coverage, totaling $176.98; 12) did not earn any income from 2009 to 2012. (Tr. 168, 172-75).
A. Relevant Treatment History and Medical Opinions
In a treatment record dated August 2, 2011, Dr. Salem noted that during a routine pre-employment physical, Plaintiff discovered having an atrial fibrillation. (Tr. 248). Plaintiff reported that he recalled prior shortness of breath that he attributed to allergies and occasionally felt sharp chest pain, but denied active symptoms of angina chest pain, dyspnea, orthopnea, paroxysmal nocturnal dyspnea, palpitation, dizziness, lightheadedness, abnormal sweating, syncope or pre-syncope. (Tr. 248). Upon examination, Dr. Salem noted that Plaintiff's S1 and S2 heart sounds were normal. (Tr. 244). Dr. Salem noted that an irregular rhythm and tachycardia was present. (Tr. 244). Dr. Salem observed that there was no gallop, no friction rub, no murmur heard and that Plaintiff demonstrated normal effort to breathe and breathing sounded normal. (Tr. 244). Dr. Salem concludedthat Plaintiff likely had a lone atrial fibrillation and that he was asymptomatic. (Tr. 244). Dr. Salem explained the prognosis and presented Plaintiff with the options of transesophageal echocardiogram ("TEE"), Electrical Cardioversion ("CV") or ablation, and recommended a stress echocardiogram to rule out structural heart disease, thyroid function and complete metabolic panel ("CMP"). (Tr. 244). Dr. Salem opined that there was no need to start anticoagulation given Plaintiff's "low risk profile" and would refer the matter for further evaluation after the test results become available. (Tr. 244).
On August 3, 2011, Plaintiff underwent an exercise stress echocardiogram test and Dr. Salem concluded the test was negative for ischemia. (Tr. 245). Plaintiff reported fatigue for the past two to three months and weekly headaches. (Tr. 246). Dr. Muhammad noted no chest-pains but palpitations during a pre-employment examination a month prior. (Tr. 246).
In a treatment record dated August 29, 2011, it was noted that Plaintiff was referred by Dr. Salem for "further management of atrial fibrillation/atrial flutter identified during job interview in . . . July." (Tr. 242). History of reported symptoms included shortness of breath and tiredness and it was noted that atrialfibrillation onset was probably a few years prior. (Tr. 242). Dr. Deshmukh stated that upon review of Plaintiff's medical history and review of symptoms, a "comprehensive review of systems was negative except for as noted in the history of present illness/subjective." (Tr. 242). Upon examination Dr. Deshmukh noted of the hear that (Tr. 242).
Dr. Deshmukh also noted no edema, no arterial or venous insufficiency, no pigmentation changes, no variscosities. (Tr. 240). Dr. Deshmukh also determined that Plaintiff's echocardiogram and stress tests were normal. (Tr. 240). Dr. Deshmukh indicated his impression that Plaintiff had atrial flutter, atrial fibrillation, and obesity and that Plaintiff's condition was gradually worsening. (Tr. 240).
Dr. Deshmukh recommended that after Plaintiff was "therapeutically anticoagulated," he should proceed with admission to the hospital for a (Tr. 240).
An EKG test on August 29, 2011 by Dr. Deshmukh lists a diagnosis of "Artrial flutter with variable A-V block, Right bundle branch block; Abnormal ECG when compared with ECG of August 2, 2011; Atrial flutter has replaced Atrial fibrillation." (Tr. 328)
After Plaintiff underwent an ablation procedure, on January 22, 2013, Dr. Deshmukh restricted Plaintiff from any lifting, driving, or strenuous exercises for two days (Tr. 426). Plaintiff was further instructed to follow-up with Dr. Deshmukh in March. (Tr. 427).
In treatment record dated January 24, 2013, Dr. Deshmukh indicated that the following procedures were performed: Electrocardioversion; primary comprehensive electrophysiology study with left atrial record; intracardiac mapping; radiogrequency ablation of the right side isthmus and the septum; and, stimulation record after infusion of isoproterenol. (Tr. 451-453).
In a treatment record dated September 23, 2011, Plaintiff sought emergency outpatient treatment for a sore throat, nasal and head congestion. (Tr. 252). Plaintiff denied any shortness of breath. (Tr. 252). Dr. Raftis noted unremarkable findings and noted that Plaintiff's symptoms were likely due to a viral upper respiratory infection. (Tr. 252).
In a treatment record dated June 15, 2011, it was noted that Plaintiff had atrial fibrillation, EKG changes and flutter4 (Tr. 280, 342). Plaintiff reported experiencing...
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