Williams v. Astrue
Filing
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ORDER GRANTING 18 Plaintiff's Motion for Judgment on the Pleadings, and DENYING 24 Defendant's Motion for Judgment on the Pleadings. The decision of the Commissioner is REVERSED, and this case is REMANDED for an award of benefits consistent with this Order. Signed by US District Judge Terrence W. Boyle on 2/15/2014. (Fisher, M.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-124-BO
PATRICIA B. WILLIAMS,
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Plaintiff,
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v.
CAROLYN COLVIN,
Acting Commissioner of Social Security,
ORDER
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Defendant.
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This matter is before the Court on the parties' cross-motions for judgment on the
pleadings. [DE 18 & 24]. A hearing on this matter was held in Raleigh, North Carolina on
January 30, 2014 at 2:45p.m. For the reasons discussed below, plaintiffs motion is GRANTED,
defendant's motion is DENIED, and, accordingly, the judgment of the Commissioner is
REVERSED.
BACKGROUND
Ms. Williams applied for Title II disability insurance benefits and Title XVI
supplemental security income on January 25,2005 alleging an onset date of March 10,2003. Her
claims were denied initially and upon reconsideration. She appeared with counsel for a hearing
before an Administrative Law Judge ("ALJ") on January 19, 2006. The ALJ issued a decision
finding plaintiff not disabled on December 19, 2007. The Appeals Council remanded the case on
July 1, 2008 and, following a hearing, the ALJ issued another decision denying benefits on
October 23, 2008. On June 23, 2011, the Appeals Council remanded the case a second time.
Following a hearing, a new ALJ issued a decision finding plaintiff not disabled at step five on
August 7, 2012. The Appeals Council denied review on December 20, 2012, rendering the ALJ's
decision the final decision of the Commissioner. Plaintiff then commenced this action and filed a
complaint pursuant to 42 U.S.C. § 405(g).
MEDICAL HISTORY
Ms. Williams has a history of treatment and injections for right knee pain. [Tr. 166-67].
In March 2003, plaintiff was advised to obtain a total right knee replacement. [Tr. 29, 162]. Dr.
Appert opined that plaintiff could no longer work and plaintiffs employer would not let her
work because she could not carry the load. [!d.]. The following month, Dr. Barsanti performed a
right knee arthroscopy and partial meniscectomy. [Tr. 29, 246-49]. The surgery seemed to work
initially, but in December 2003, plaintiff continued to complaint of right knee problems. [Tr.
229-30]. A right knee MRI revealed significant pathology and a total knee replacement ("TKR")
was recommended. [Tr. 250-51, 332].
On March 4, 2004, plaintiff underwent right TKR followed by a course of physical
therapy. [Tr. 254-55, 258-60, 272-339]. For the rest of 2004, plaintiff had follow-up exams
where no problems were noted and the knee was assessed as doing pretty well by Dr. Barsanti.
[Tr. 326-29, 340-42, 378].
In April 2005, plaintiff attended a consultative examination with Dr. Morris. [Tr. 413.19]. Plaintiff complained of right knee pain and reported that she frequently used a cane
prescribed after her surgery, cooked, washed dishes, and performed household chores. [!d.]. Dr.
Morris noted that she ambulated with a slight right-sided limp without the cane and, with the
cane, she ambulated slowly, but effectively. [!d.]. She was unable to heel/toe, squat, kneel, or
crawl; right knee flexion was 90 degrees, left was 150 degrees and she could fully extend her left
knee; she had negative straight leg raising, normal motor strength, sensory, neurological
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findings, and deep tendon reflexes. [/d.]. Dr. Morris opined that plaintiff could stand or walk 2/8
hours, sit for 4/8 with more frequent 10-15 minute breaks every hour, lift/carry 10 pounds, and
had frequent postural limitations. [/d.]. He thought an assistive device would be helpful for long
distances and uneven terrain, that her right knee would improve post surgery, that her left knee
would benefit from treatment, and that she would have significant improvement with weight
loss. [/d.].
In November 2005, Ms. Williams was diagnosed with moderate major depression and
anxiety disorder panic attacks. [Tr. 401-06]. In November 2005, she also underwent a second
consultative exam with Dr. Morris. [Tr. 407-12]. He had the same finding as before with a
restriction to working at heights and the opinion that she could benefit from future surgery. [/d.].
Plaintiffs condition remained generally unchanged up until the current time.
DISCUSSION
When a social security claimant appeals a final decision of the Commissioner, the district
court's review is limited to the determination of whether, based on the entire administrative
record, there is substantial evidence to support the Commissioner's findings. 42 U.S.C. § 405(g);
Richardson v. Perales, 402 U.S. 389, 401 (1971). Substantial evidence is defined as "evidence
which a reasoning mind would accept as sufficient to support a particular conclusion." Shively v.
Heckler, 739 F.2d 987, 989 (4th Cir. 1984)(quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th
Cir. 1966)). If the Commissioner's decision is supported by such evidence, it must be affirmed.
Smith v. Chafer, 99 F.3d 635, 638 (4th Cir. 1996).
In making a disability determination, the ALJ engages in a five-step evaluation process.
20 C.F.R. § 404.1520; see Johnson v. Barnhart, 434 F.3d 650 (4th Cir. 2005). The analysis
requires the ALJ to consider the following enumerated factors sequentially. At step one, if the
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claimant is currently engaged in substantial gainful activity, the claim is denied. At step two, the
claim is denied if the claimant does not have a severe impairment or combination of impairments
significantly limiting him or her from performing basic work activities. At step three, the
claimant's impairment is compared to those in the Listing of Impairments. See 20 C.F.R. Part
404, Subpart P, App. 1. If the impairment is listed in the Listing of Impairments or if it is
equivalent to a listed impairment, disability is conclusively presumed. However, if the claimant's
impairment does not meet or equal a listed impairment then, at step four, the claimant's residual
functional capacity ("RFC") is assessed to determine whether plaintiff can perform his past work
despite his impairments. If the claimant cannot perform past relevant work, the analysis moves
on to step five: establishing whether the claimant, based on his age, work experience, and RFC
can perform other substantial gainful work. The burden of proof is on the claimant for the first
four steps of this inquiry, but shifts to the Commissioner at the fifth step. Pass v. Chafer, 65 F.3d
1200, 1203 (4th Cir. 1995).
Here, the ALJ erred at step four of the sequential evaluation process. The ALJ's finding
that plaintiffs RFC is light is not supported by substantial evidence. Rather a review of the
record shows that the proper RFC for plaintiff is less than sedentary.
The Appeals Counsel remanded this case for further proceedings twice because the first
ALJ failed to consider and weigh the opinion of Dr. Morris. [Tr. 571, 703]. The second ALJ then
considered Dr. Morris's opinion but did not cite persuasive reasons for refusing to give it
significant weight. Dr. Morris's opinion is due significant weight. Dr. Morris performed two
comprehensive examinations of Ms. Williams. After his first examination he concluded that she
could stand or walk for 2 hours in an 8 hour work day and that she could sit for 4 hours in an 8
hour work day with frequent breaks consisting of 10-15 minutes every hour. [Tr. 417-18]. He
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reiterated that opinion after the second examination. [Tr. 412]. Dr. Morris's opinion is supported
by his examinations, and the ALJ' s reasons for dismissing his opinion are not supported by the
record.
The ALJ found that Dr. Morris's opinion is inconsistent with Ms. Williams's daily
activities which include cooking, cleaning, and attending church. [Tr. 33]. However, the ALJ
failed to note that Ms. Williams is unable to cook full meals, is only capable of cleaning with
breaks, only completes one room of cleaning daily, her family is required to assist with her
chores and with her bathing, she does not attend church regularly, rarely drives, and only shops
for groceries once a month. [Tr. 152, 408, 756-60]. "[T]he ability to do activities such as light
housework and visiting with friends provides little or no support for the finding that a claimant
can perform full-rime competitive work." Hogg v. Shalala, 45 F.3d 276, 278 (8th Cir. 1995).
The ALJ also noted that Dr. Morris's opinion should be given little weight because Ms.
Williams's right knee improved after her second surgery, making Dr. Morris's opinion
inconsistent with the other evidence of record. [Tr. 33]. However, both of Dr. Morris's
examinations were conducted after she had already undergone her second surgery. [Tr. 254-55,
409, 413]. The argument that her second surgery somehow nullifies Dr. Morris's opinion fails.
Further, outside of the ALJ's flawed analysis of Dr. Morris's opinion, the ALJ's RFC
finding lacks support from the record. The other opinions in the record are in line with Dr.
Morris's opinion. Dr. Barsanti restricted plaintiff to the performance of sedentary work. [Tr.
332]. Ms. Williams was approved for Medicaid for the Disabled due to her combined
impairments rendering her incapable of work at any exertionallevel. [Tr. 118]. Dr. Warren found
Ms. Williams capable of no more than sedentary work. [Tr. 421-28]. The ALJ either does not
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explain why her RFC finding contradicts these opinions, or does not even mention them. [Tr.
34].
Giving the proper weight to Dr. Morris's opinion, and the supporting evidence in the
record which is substantial, the proper RFC for plaintiff is less than sedentary. This RFC was
effective during plaintiffs period of insurance and carries through to her SSI claim. Ms.
Williams is not capable of sedentary work as her combined ability to sit, stand, and walk does
not add up to eight hours per day. 20 C.F.R. § 404.1567. Accordingly Ms. Williams is disabled
as ofher onset date. 20 C.F.R. § 404, Subpt. P, App. 2 § 20l.OO(h)(3).
The decision of whether to reverse and remand for benefits or reverse and remand for a
new hearing is one which "lies within the sound discretion of the district court." Edwards v,
Bowen, 672 F.Supp. 230, 236 (E.D.N.C. 1987). Reversal without remand is appropriate where,
as here, the record does not contain substantial evidence to support a decision denying disability,
and reopening the record for more evidence would serve no purpose. Coffman v. Bowen, 829
F.2d 514, 519 (4th Cir. 1987). Ms. Williams's case has been pending for over nine years. There
have already been three (3) hearings at the administrative level in this case. Opening the record
for more evidence at this point in the proceedings would serve no purpose. Accordingly the
Court reverses the decision of the Commissioner and remands to the agency for an award of
benefits.
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CONCLUSION
For the foregoing reasons, the plaintiffs motion for judgment on the pleadings is
GRANTED, and the decision of the Commissioner is REVERSED. Accordingly, this case is
REMANDED for an award of benefits consistent with this Order.
SO ORDERED.
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This
J1 day of February, 2014.
RRENCE W. BOYLE
UNITED STATES DISTRICT
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