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)

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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 nn f Mary An Sloan, Regional Chief Counsel Dennis R. Williams, Deputy Reg R gional Chief Counsel Susan Ke Story, Branch Chief elm B f Christoph G. Harris, Assistant Regional Co her ounsel Office of the General Counsel, Region IV f l R 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 -2- 1 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA OCALA DIVISION 3 Case No. 5:13-cv-91-Oc-PRL 4 Wednesday, February 26, 2014 Ocala, Florida 1 5 6 JOSEPH PETRALIA, Plaintiff, 7 8 vs. 9 COMMISSIONER OF SOCIAL SECURITY, 10 11 Defendant. __________________________________/ 12 13 14 15 16 TRANSCRIPT OF EXCERPT FROM ORAL ARGUMENT BEFORE THE HONORABLE PHILIP R. LAMMENS, UNITED STATES MAGISTRATE JUDGE 17 18 19 20 Appearances of Counsel: 21 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) 22 23 24 25 Reported by: Dennis Miracle, Court Reporter 2 1 P R O C E E D I N G S 2 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * All right. Thank you. 3 THE COURT: 4 The parties are familiar with the standard of 5 review in this case. It is the plaintiff's burden 6 to establish a disability. 7 The Commissioner's findings of fact are 8 conclusive if supported by substantial evidence. 9 It is important to remember that where the 10 Commissioner's decision is supported by substantial 11 evidence, the District Court will affirm even if 12 the reviewer would have reached a contrary result 13 as finder of fact and even if the reviewer's -- 14 even if the reviewer finds that the evidence 15 preponderates against the Commissioner's decision. 16 The plaintiff does have the burden of 17 establishing a disability, and it is the claimant's 18 burden to prove his or her residual functional 19 capacity. 20 I think the biggest problem you have in this 21 case is that the medical evidence from a state 22 agency physician in March of 2009, closest to the 23 time the plaintiff begins treatment at The Centers 24 but just before the plaintiff begins treatment at 25 The Centers, supports moderate difficulties in 3 1 social functioning and moderate difficulties in 2 maintaining concentration, persistence of pace, 3 difficulties with dealing with instructions, 4 maintaining attention and concentration, getting 5 along with co-workers or peers in a way that you 6 could perform your job. 7 The problem is that the plaintiff then begins 8 treatment at The Centers, and his symptoms only 9 appear to get worse. And as the plaintiff points 10 out, for then over one year the plaintiff's 11 symptoms are at a minimum what one would probably 12 describe as moderate limitations, and yet on 13 remand, despite all of that, the ALJ actually finds 14 that the plaintiff's limitations are simply mild. 15 Indeed, the ALJ says that the plaintiff can 16 make work-related decisions and respond 17 appropriately to supervisors, co-workers and 18 situations dealing with changes in a routine work 19 setting. 20 Given the findings of the state agency 21 physician in March of 2009 and given the treatment 22 records of The Centers for, again, over a year, I 23 don't think it can be said fairly that substantial 24 evidence supports that finding in the RFC. 25 And because it is not my job to reweigh the 4 1 evidence but simply to look and see if substantial 2 evidence supports the ALJ's findings, I can't say 3 whether or not that error would change anything for 4 this plaintiff; that is to say, some error is 5 excusable, but I'm not sure that the error in this 6 case is. 7 Accordingly, I do reverse the decision of the 8 Commissioner and find that the ALJ did not 9 articulate good cause or furnish substantial 10 evidence for his RFC findings. 11 ALJ's decision will be reversed. 12 Therefore, the I will not discuss the remaining arguments 13 because there is no need to, given the reversal on 14 this first issue. 15 The Court reverses the Commissioner's decision 16 and remands this case under Sentence 4 of 404 -- 17 405(g) for additional proceedings consistent with 18 this Court's decision. 19 If the plaintiff ultimately prevails in the 20 case on remand, then any motion for attorney's fees 21 under 42 U.S.C. 406(b) must be filed within 30 days 22 after his lawyer receives a letter from the 23 Commissioner setting forth the amount of past due 24 benefits and the amount of the fee set aside for 25 attorney's fees. 5 1 Upon receipt of this letter from the 2 Commissioner, counsel for plaintiff shall send or 3 email notice to the government's attorney and the 4 OGC lawyer assigned to the case so that they can 5 calendar the deadline. 6 7 8 9 Is there anything else to take up from the government, Mr. Rudy? MR. RUDY: Thank you very much. 10 THE COURT: 11 MS. BOHR: 12 THE COURT: 13 No, Your Honor. adjourned. From the plaintiff, Ms. Bohr? No, Your Honor. All right. Then we'll be Thank you. Thank you all. 14 MR. RUDY: 15 (Thereupon, the proceedings in this case for 16 17 18 19 20 21 22 23 24 25 this date were concluded at this time.) 6 1 2 C E R T I F I C A T E I hereby certify that the foregoing is an 3 accurate transcription of the proceedings in the 4 above-entitled matter. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /s/Dennis Miracle __________________________ Dennis Miracle February 26, 2014 _______________________ Date

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