Soto v. Colvin
| Decision Date | 14 April 2015 |
| Docket Number | 14 Civ. 7440 (AJP) |
| Parties | RAMON SOTO, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Ramon Soto, 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 him Social Security Supplemental Security Income and Disability Insurance 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. 12: Comm'r Notice of Motion; Dkt. No. 19: Soto 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. 23.)
For the reasons set forth below, the Commissioner's motion for judgment on the pleadings (Dkt. No. 12) is GRANTED and Soto's motion (Dkt. No. 19) is DENIED.
On June 10, 2010, Soto applied for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB") alleging that he was disabled since November 15, 2009. Soto alleged disability dueto a back injury, depression, high blood pressure and diabetes. (R. 238.) The Social Security Administration ("SSA") found that Soto was not disabled, and denied the application. (R. 111-16.) Soto requested an administrative hearing. (R. 118-19.)
Administrative Law Judge ("ALJ") Lucien A. Vecchio conducted a hearing on August 10, 2011 (R. 26-35) and on September 21, 2011, issued a written decision finding Soto not disabled (R. 90-102). On April 20, 2012, the Appeals Council vacated ALJ Vecchio's decision, and remanded the case for a new hearing (R. 106-09). ALJ Sheena Barr conducted a hearing on October 2, 2012 (R. 36-88), at which Soto appeared with non-attorney representative Victor Ferrer (R. 39). On December 19, 2012, ALJ Barr issued a written decision finding Soto not disabled. (R. 6-21.) ALJ Barr's decision became the Commissioner's final decision when the Appeals Council denied review on July 8, 2014. (R. 1-3.)
Soto, born on February 16, 1965, was forty-four years old at the alleged November 15, 2009 onset of his disability, and forty-seven on the date of his October 2, 2012 hearing. (R. 43, 195.) Soto was born in Puerto Rico and moved to the United States at age three. (R. 372.) He attended school through the tenth or eleventh grade. (R. 44.) Soto has "a little bit" of vocational training in custodial maintenance. (R. 45.)
Between May 1999 and July 2001, Soto worked as a stock clerk in a distribution center. (R. 272.) Between September 2002 and November 2004, Soto worked in the stock and maintenance departments of Modell's, a sporting goods store. (R. 49-50, 258.) At Modell's, Soto frequently lifted boxes weighing up to fifty pounds, but due to the onset of diabetes he "wasn't feeling too good," and required assistance when doing so. (R. 50, 259.) Between February 2005 and June 2007, Soto worked as a stock clerk at Duane Reade. (R. 48, 258). Soto "had a problem"with his supervisor at Duane Reade, and they "got rid" of him. (R. 48.) Between April 2008 and October 2009, as part of a welfare program, Soto performed seasonal maintenance for New York City Parks and Recreation in Queens. (R. 47, 258, 272.) In November 2009, Soto worked in stock and maintenance at a clothing store for about three months. (R. 46-47.)
Soto lives with his mother in an elevator building in the Bronx. (R. 44, 247.) Soto dresses and bathes himself, although sometimes his mother helps him put on his socks. (R. 58, 248-49.) Soto performs household chores such as washing dishes, laundry and ironing. (R. 62-63, 250.) Soto is able to mop and sweep, but states that it hurts his back to do so. (R. 63.) Soto prepares meals two or three times a day, which takes about an hour. (R. 249.) Soto cooks his mother's breakfast (R. 60), but claims that he cannot cook for more than two people (R. 63). Soto leaves his apartment every day, and travels independently by foot, train or bus. (R. 250.) Soto shops for food and clothes when he has "enough money." (R. 251.) Soto reported that his ability to pay bills, handle a savings account and use a checkbook has not changed since the alleged onset of his disability. (R. 251.) Soto does not have many friends because he believes they bring problems. (R. 59.) Soto has difficulty interacting with authority figures, because he thinks that "someone's doing something" to him or "following" him. (R. 65.) Soto has served two prison terms, including for homicide. (R. 66, 68, 454-55.)
Soto sees a psychiatrist for depression every three months (R. 53), and testified that he receives counseling from a therapist at Bronx Lebanon Medical Center every other day (R. 53). Soto is a recovering heroin and cocaine addict (R. 422), and spends his days attending programs for drug addiction recovery (R. 61, 247, 252). Soto arrives at his first daily program at six or seven each morning to receive methadone treatment (R. 61-62), then attends programs at the YMCA and Citywise and returns home around three in the afternoon (R. 61-62). The programs are withinwalking distance of each other, and unless Soto has a doctors appointment he attends each of the three addiction recovery programs every day. (R. 61.) After his programs, Soto helps his mother with "whatever she needs." (R. 247.)
Soto reported that he has trouble remembering things, and stress and changes to his schedule elevate his blood pressure and cause him to be depressed. (R. 254.) Soto testified that he could lift about ten pounds, but would not be able to do so repeatedly. (R. 57.) Soto stated that he can stand for about half an hour, and sit for about an hour. (R. 56-57.) While Soto reported that he tries to walk "a lot"every day (R. 247), he testified that he is only able to walk half a block before he needs to stop and rest for five to ten minutes, and expects he will "need a cane very soon" (R. 56, 253). In his application for benefits, Soto reported that when he picks up his legs or stands for too long, it feels as if someone shot him in the back. (R. 249, 255.) Soto asserted that walking, sitting and standing cause pain that lasts for as long as he walks, sits or stands. (R. 52, 256.) Soto also indicated that he is unable to climb stairs, kneel, squat, reach or use his hands because his right foot, "back and legs will hurt . . . real bad." (R. 252.) Soto is prescribed 800 milligrams of Ibuprofren every six hours, but claims that the medication only alleviates his pain for two hours. (R. 256.) In addition to his other ailments, Soto testified that due to his high blood pressure he "faint[s] sometimes." (R. 52.)
On February 4, 1999, Soto was brought to the emergency room at Lincoln Medical and Mental Health Center after he swallowed "about 10 pills because he was feeling bad." (R. 386.) Soto reported that he was "very depressed" since his wife left, and felt like he wanted to die. (Id.) Attending psychiatrist Dr. Jorge Urbina diagnosed adjustment disorder, depressed mood and impulsecontrol disorder. (R. 400-01.) Soto was prescribed Zoloft and discharged after about a week of inpatient treatment. (R. 400.)
On October 20, 2003, Soto was admitted to the Lincoln Medical psychiatry department. (R. 390.) He complained that he had "bouts of crying, anxiety, and sadness" that "resulted in his inability 'to hold a job.'" (R. 390.) Soto stated that he had stopped taking the Prozac he was prescribed, and instead self-medicated with heroin and marijuana. (Id.) At a follow-up psychiatric evaluation on October 22, 2003, attending psychiatrist Brunhild Kring diagnosed Soto with major depression and impulse control disorder, and noted that he had "no acute medical problems." (R. 397.) Dr. Kring assigned Soto a Global Assessment of Functioning ("GAF") score of 45. (Id.)1
On April 11, 2009, Dr. Michele Harper saw Soto after he slipped and injured his left knee and foot. (R. 328.) An x-ray of Soto's left foot indicated a "[q]uestionable fifth metatarsal base fracture." (R. 326.) An x-ray of Soto's left knee indicated "[s]mall suprapatellar joint effusion with mild tricompartmental degenerative osteoarthritis." (R. 310.)
Soto has been admitted to a methadone maintenance program at Narco Freedom, a substance abuse diagnostic and treatment center, since October 26, 2006. (R. 364.) As part of the program, Dr. Iean Denis conducted a physical examination of Soto on October 14, 2009. (R. 366-67.) The results of the examination were normal. (R. 367.) Dr. Denis' diagnoistic impressions werechronic opioid dependence, diabetes mellitus and hypertension. (R. 368.) Dr. Denis opined that it was appropriate for Soto to continue methadone treatment. (Id.)
Narco Freedom additionally conducted a mental status examination of Soto on October 14, 2009. (R. 366.) Soto's general appearance, dress, motor activity, speech, mood, content of thought, flow of thought, and interview behavior were normal. (Id.) Soto's concentration and insight were good, his memory was good/intact, his cognitive ability was intact, his affect appropriate and his judgment fair. (Id.) Soto was diagnosed with chronic opiate dependence, diabetes mellitus and hypertension. (Id.) Soto was assessed with a GAF score of 70-72. (Id.)2
Federation Employment and Guidance Service ("FEGS")
On October 16, 2009, Soto was evaluated by FEGS. (R. 405-37.) Soto reported that his daily activities were: "go on appointments, read, do chores, watch TV." (R. 425.) Soto reported that he had "difficulty of finding employment due to his legal history (2 counts of homicide)." (R. 436.) Soto reported having "unbearable...
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