Petralia v. Commissioner of Social Security et al
Filing
37
ORDER reversing and remanding the decision of the Commissioner. Signed by Magistrate Judge Philip R. Lammens on 2/26/2014. (EEQ)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JOSEPH PETRALIA,
Plaintiff,
v.
Case No: 5:13-cv-91-Oc-PRL
COMMISSIONER OF SOCIAL
SECURITY
Defendant.
ORDER
This matter is before the Court on Plaintiff’s Complaint (Doc. 1), seeking review of the
final decision of the Commissioner of the Social Security Administration (the “Commissioner”)
denying his claim for disability insurance benefits under the Social Security Act. On February
26, 2014, the Court heard oral argument.
Having considered the memoranda of the parties (Docs. 33 & 35) and having heard oral
argument, the Court concludes for the reasons set forth in the attached Findings, which are
incorporated by reference, that the ALJ’s decision should be reversed and remanded.
Accordingly, it is hereby
ORDERED
1. Pursuant to sentence four of 42 U.S.C. §405(g), the Commissioner’s final decision in
this case is REVERSED and REMANDED for additional proceedings consistent with this
Court’s decision.
2.
The Clerk is hereby directed to enter judgment accordingly and to close the file.
DONE and ORDERED in Ocala, Fl
D
O
lorida on Feb
bruary 26, 2014.
The Cour Requests that the Cler
rt
t
rk
Mail or Deliver Copi of this or
D
ies
rder to:
Counsel of Record
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f
Mary An Sloan, Regional Chief Counsel
Dennis R. Williams, Deputy Reg
R
gional Chief Counsel
Susan Ke Story, Branch Chief
elm
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f
Christoph G. Harris, Assistant Regional Co
her
ounsel
Office of the General Counsel, Region IV
f
l
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Social Se
ecurity Adm
ministration
61 Forsyth Street, S.W Suite 20
W.,
0T45
Atlanta, Georgia 303
G
303-8920
glas
The Honorable Doug Walker
trative Law Judge
Administ
c/o Offic of Disabili Adjudica
ce
ity
ation and Rev
view
Desoto Building #400
B
8880 Fre
eedom Crossing
Jacksonv
ville, FL 322
256-1224
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
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Case No. 5:13-cv-91-Oc-PRL
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Wednesday, February 26, 2014
Ocala, Florida
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JOSEPH PETRALIA,
Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL SECURITY,
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Defendant.
__________________________________/
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TRANSCRIPT OF EXCERPT FROM ORAL ARGUMENT
BEFORE THE HONORABLE PHILIP R. LAMMENS,
UNITED STATES MAGISTRATE JUDGE
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Appearances of Counsel:
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For the Plaintiff:
Ms. Sarah Harriet Bohr
Mr. Leon Menas Boyajan
(Appearing via telephone)
For the Defendant:
Mr. John F. Rudy, III
(Appearing via telephone)
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Reported by:
Dennis Miracle, Court Reporter
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P R O C E E D I N G S
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All right.
Thank you.
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THE COURT:
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The parties are familiar with the standard of
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review in this case.
It is the plaintiff's burden
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to establish a disability.
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The Commissioner's findings of fact are
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conclusive if supported by substantial evidence.
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It is important to remember that where the
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Commissioner's decision is supported by substantial
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evidence, the District Court will affirm even if
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the reviewer would have reached a contrary result
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as finder of fact and even if the reviewer's --
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even if the reviewer finds that the evidence
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preponderates against the Commissioner's decision.
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The plaintiff does have the burden of
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establishing a disability, and it is the claimant's
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burden to prove his or her residual functional
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capacity.
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I think the biggest problem you have in this
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case is that the medical evidence from a state
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agency physician in March of 2009, closest to the
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time the plaintiff begins treatment at The Centers
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but just before the plaintiff begins treatment at
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The Centers, supports moderate difficulties in
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social functioning and moderate difficulties in
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maintaining concentration, persistence of pace,
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difficulties with dealing with instructions,
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maintaining attention and concentration, getting
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along with co-workers or peers in a way that you
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could perform your job.
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The problem is that the plaintiff then begins
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treatment at The Centers, and his symptoms only
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appear to get worse.
And as the plaintiff points
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out, for then over one year the plaintiff's
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symptoms are at a minimum what one would probably
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describe as moderate limitations, and yet on
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remand, despite all of that, the ALJ actually finds
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that the plaintiff's limitations are simply mild.
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Indeed, the ALJ says that the plaintiff can
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make work-related decisions and respond
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appropriately to supervisors, co-workers and
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situations dealing with changes in a routine work
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setting.
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Given the findings of the state agency
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physician in March of 2009 and given the treatment
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records of The Centers for, again, over a year, I
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don't think it can be said fairly that substantial
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evidence supports that finding in the RFC.
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And because it is not my job to reweigh the
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evidence but simply to look and see if substantial
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evidence supports the ALJ's findings, I can't say
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whether or not that error would change anything for
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this plaintiff; that is to say, some error is
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excusable, but I'm not sure that the error in this
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case is.
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Accordingly, I do reverse the decision of the
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Commissioner and find that the ALJ did not
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articulate good cause or furnish substantial
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evidence for his RFC findings.
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ALJ's decision will be reversed.
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Therefore, the
I will not discuss the remaining arguments
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because there is no need to, given the reversal on
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this first issue.
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The Court reverses the Commissioner's decision
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and remands this case under Sentence 4 of 404 --
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405(g) for additional proceedings consistent with
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this Court's decision.
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If the plaintiff ultimately prevails in the
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case on remand, then any motion for attorney's fees
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under 42 U.S.C. 406(b) must be filed within 30 days
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after his lawyer receives a letter from the
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Commissioner setting forth the amount of past due
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benefits and the amount of the fee set aside for
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attorney's fees.
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Upon receipt of this letter from the
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Commissioner, counsel for plaintiff shall send or
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email notice to the government's attorney and the
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OGC lawyer assigned to the case so that they can
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calendar the deadline.
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Is there anything else to take up from the
government, Mr. Rudy?
MR. RUDY:
Thank you very
much.
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THE COURT:
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MS. BOHR:
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THE COURT:
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No, Your Honor.
adjourned.
From the plaintiff, Ms. Bohr?
No, Your Honor.
All right.
Then we'll be
Thank you.
Thank you all.
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MR. RUDY:
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(Thereupon, the proceedings in this case for
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this date were concluded at this time.)
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C E R T I F I C A T E
I hereby certify that the foregoing is an
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accurate transcription of the proceedings in the
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above-entitled matter.
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/s/Dennis Miracle
__________________________
Dennis Miracle
February 26, 2014
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Date
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