La Torre v. Colvin
| Decision Date | 26 January 2015 |
| Docket Number | 14 Civ. 3615 (AJP) |
| Parties | ELISA LA TORRE, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Elisa La Torre, represented by counsel (Binder & Binder), 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 Supplemental Security Income and Disability Insurance Benefits. (Dkt. No. 2: 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: La Torre Notice of Motion; Dkt. No. 14: Comm'r Notice of Motion.) The parties have consented to decision of this case by a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 7.)
For the reasons set forth below, the Commissioner's motion for judgment on the pleadings is DENIED, and La Torre's motion for judgment on the pleadings is GRANTED to the extent of remanding the case to the Commissioner for further proceedings consistent with this Opinion.
On April 6, 2011, La Torre filed for Disability Insurance Benefits ("DIB") andSupplemental Security Income ("SSI") alleging that she was disabled since February 1, 2011. On June 27, 2011, the Social Security Administration found La Torre not disabled. (R. 100-07.) On August 2, 2011, La Torre requested an administrative hearing. (R. 108-11.)
Administrative Law Judge ("ALJ") Jack Russak conducted a hearing on June 26, 2012. (R. 75-96.) La Torre appeared without counsel. (R. 75, 77.) On August 4, 2012 ALJ Russak issued a written decision finding that La Torre was not disabled. (R. 54-67.) ALJ Russak's decision became the Commissioner's final decision when the Appeals Council denied La Torre's counseled request for review on February 28, 2014. (R. 7-10.)
La Torre was born on August 5, 1960, and was fifty years old at the date of the alleged onset of her disability. (R. 170, 175.) La Torre completed two years of college in Puerto Rico in 1982. (R. 87, 203.) From September 1994 to October 2000, La Torre worked as a mail sorter and machine operator. (R. 225, 248.) The job required her to frequently lift mail boxes and bags weighing up to fifty pounds. (R. 229.) From January to April 2001 and January to April 2002, La Torre worked as a tax preparer. (R. 203, 248.) From April 2003 to July 2003, La Torre worked as a machine operator at a factory. (R. 225, 248.) The job required her to frequently lift and carry boxes and bags weighing up to 50 pounds. (R. 228.) La Torre cared for the elderly at a nursing home for an unspecified time frame in 2003. (R. 225.) The job required her to walk and stand for seven hours each day, and frequently lift objects and food trays weighing up to fifty pounds. (R. 227.) From September 2003 to September 2010, La Torre performed data entry for the Girl Scout Council of N.Y. (R. 225, 248.) The job required her to sit for six hours each day, walk and stand for an hour each day, and frequently lift objects weighing less than ten pounds. (R. 226.) La Torretestified that when the Girl Scout Council reduced their personnel in September 2010, they "took advantage" of the time she missed for appointments and fired her. (R. 78.) La Torre also testified that she was laid off because of a reduction in work. (R. 81.) La Torre stated that she "make[s] an effort" to find new employment, but because she has "so many [medical] appointments," no one will hire her. (R. 82.)
La Torre lives with her husband in a first floor apartment in the Bronx. (R. 77, 83.) She has lived there for eighteen years. (R. 83.) When La Torre takes her medication, she is confined to her home. (R. 214.) If she has an appointment outside the home she limits her medication because taking it makes her dizzy. (R. 214.) She requires notes to remind her of daily tasks and which medications to take at what times. (R. 215.) La Torre "sleep[s] all day with the medication." (R. 92.) Every morning after taking her medicine she rests "for a little while" because the medication makes her drowsy and because of her depression. (R. 93.) Following that, she tries to walk for about half an hour. (R. 93.) La Torre is able to walk up to two blocks if she walks slowly. (R. 91, 220.) Every seven to ten minutes she has to stop to rest for ten to fifteen minutes before she is able to continue walking. (R. 91, 220.)
After she walks, La Torre returns home and "do[es] what [she] can." (R. 93.) She picks her granddaughter up from school across the street. (R. 93-94.) La Torre is able to sit and stand for ten or fifteen minutes at a time. (R. 91.) La Torre sews and reads for entertainment, but does not do either activity often because she "never finish[es]." (R. 217.) La Torre is able to leave the house alone to shop for food if the store is across the street, but if she ventures farther her husband or one of her daughters accompanies her. (R. 92.) La Torre prepares food "daily, every two days," unless she forgets. (R. 92, 215.) La Torre irons and does light cleaning, but her husband mops, cleans the bathroom and does laundry because the detergent fumes bother her. (R. 92.) LaTorre told ALJ Russak that she does not go to church (R. 86), but in her application for benefits she listed church and the hospital as places she goes every week (R. 218). Once a month, La Torre's husband drives her to visit her daughter in Queens. (R. 86.)
In a disability report completed by A. Perreaux at the disability field office pursuant to an in-person interview (R. 197-200), Perreaux noted that La Torre had difficulty sitting and standing (R. 199). Perreaux specifically reported: La Torre (R. 199.)
La Torre had two consultative examinations on May 19, 2011: Dr. William Lathan and Dr. Arlene Broska conducted internal medicine and psychiatric evaluations respectively. (R. 299-302, 303-06.)
Dr. Lathan reported that La Torre appeared "to be in no acute distress," but had a limp favoring the right side, and was unable to walk on heels and toes. (R. 304.) La Torre needed no help changing or getting on and off the exam table. (R. 304.) Her squat was fifty percent, but she was "[a]ble to rise from chair without difficulty." (R. 304.) Dr. Lathan reported that La Torre's joints were stable and nontender, with "[n]o trigger points evident," and no "redness, heat, swelling or effusion." (R. 305.) Dr. Lathan diagnosed a history of fibromyalgia, asthma and depression. (R. 305.) Dr. Lathan concluded that La Torre had "a moderate restriction for stooping, squatting and strenuous exertion," and "should avoid smoke, dust and noxious fumes." (R. 305.) Dr. Lathan recommended a psychiatric consultation for La Torre. (R. 305.)
At the consultative psychiatric examination, La Torre reported that she "cleans twice a week, does laundry once a week, shops two to three times a week, manages her own money, andtakes public transportation independently." (R. 300.) Dr. Broska described La Torre as "cooperative," with "adequate" overall presentation, social skills and manner of relating. (R. 301.) Dr. Broska reported that La Torre's memory was within normal limits, and she "could recall three of three objects immediately and after five minutes." (R. 300, 301.) La Torre's attention and concentration was "intact," and she was able to "maintain attention and concentration throughout the interview." (R. 301.) Dr. Broska further noted that La Torre's intellectual functioning is "in the average range," with a general fund of information appropriate to her experience. (R. 300.) Dr. Broska found that La Torre could "perform simple tasks independently," and "make appropriate decisions and relate adequately with others," although she "may not always appropriately deal with stress." (R. 300.) Dr. Broska diagnosed La Torre with adjustment disorder with mixed anxiety and depressed mood. (R. 300.) Dr. Broska concluded that "[t]he results of the examination appear to be consistent with psychiatric problems, but in itself, this does not appear to be significant enough to interfere with [La Torre's] ability to function on a daily basis." (R. 300.) Dr. Broska recommended that La Torre continue with mental health treatment. (R. 302.)
On May 31, 2011, disability analyst D. Zanni completed a physical residual functional capacity assessment of La Torre. (R. 307-12.) After reviewing La Torre's medical records, Zanni found that La Torre could sit for about six hours and stand for at least two hours in an eight hour work day. (R. 308.) Zanni indicated that La Torre could occasionally and frequently lift or carry up to ten pounds. (R. 308.) Zanni noted that La Torre had a limp and used a cane for support balance. (R. 308.) Due to La Torre's asthma, Zanni indicated that La Torre should avoid concentrated exposure to humidity, fumes, odors, gases and poor ventilation. (R. 310.) Zanniconcluded that La Torre had moderate restrictions for strenuous activity, and suggested sedentary residual functional capacity with a restriction from environmental irritants. (R. 310.)
On June 24, 2011, psychologist T. Harding performed a psychiatric review of La Torre's medical records. (R. 313-26.) Dr. Harding indicated that La Torre's impairment was not severe under section 12.04, "affective disorders." (R. 313.) Dr. Harding found that La Torre had a mild restriction in activities of daily living, mild difficulties in maintaining social functioning, mild difficulties in maintaining concentration, persistence or pace, but no episodes of deterioration. (R. 323.) Dr. Harding...
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