Doucette v. Astrue
Doucette v. Astrue
Opinion of the Court
MEMORANDUM
I. Introduction
This case arises under 42 U.S.C. § 405(g), as a review of a denial of disability benefits by the Social Security Administration (“SSA”). Presently at issue are Plaintiffs Motion for Judgment on the Pleadings [# 12] and Defendant’s Motion to Affirm the Commissioner’s Decision [# 18]. For the following reasons, Plaintiffs Motion for Judgment on the Pleadings is ALLOWED and Defendant’s Motion to Affirm is DENIED.
II. Background
A. Facts
Plaintiff was born in 1982 and has a high-school degree.
From February to mid-June 2005, Plaintiff was incarcerated because he was “in trouble with the law ... for pain medications.”
B. Medical History
In 2001, 2002, and early 2004, Plaintiff underwent three separate detoxifieations from an opiate addiction.
At a follow-up appointment to Plaintiffs detoxification on November 1, 2004, Plaintiff received a GAF of 35.
On September 24, 2004, Plaintiff saw orthopedist Dr. Gregory Brick, who advised that Plaintiff undergo an MRI scan to rule out disc herniation or other pathology.
One month later, Plaintiff went to the emergency department at Newton-Wellesley Hospital to undergo detoxification from heroin and cocaine.
Two weeks later, MRIs of Plaintiffs spine indicated moderate abnormalities.
On June 23, 2005, Plaintiff told Dr. Cutler that he had been substance-free since his incarceration and that, because of his ongoing pain, he did not feel that he could work.
Four months later, Plaintiff complained to Dr. Brick of increased back and neck pain.
On July 7, 2006, Plaintiff was in a car that was rear-ended.
On August 1, 2006, Plaintiff attended physical therapy.
On February 21, 2007, Plaintiff was admitted to Mount Auburn Hospital in a lethargic and non-verbal condition due to a presumed drug overdose, and his urine drug screen was positive for benzodiazepines, cocaine, and marijuana.
On March 7, 2007, after he slipped and fell, Plaintiff went to Mount Auburn Hospital emergency department, where he reported pain in his ribs and right elbow.
On March 23, 2007, Plaintiff began substance abuse treatment at the Prevention and Recovery Center at Mount Auburn Hospital, attending weekly therapy with
On April 18, 2007, Plaintiff told Waterman that he had consumed two drinks the day before but had used no drugs for six weeks and that he had attended AA or NA.
On May 10, 2007, the car Plaintiff was in was rear-ended, and he went to Caritas Saint Elizabeth’s Medical Center, where CT scans of his body indicated no new pathology.
On May 23, 2007, Plaintiff told Waterman that over the weekend he had used marijuana that he later found out was laced with cocaine, and that he would be moving in with a Mend and his family.
On June 20, 2007, Plaintiff and his father went to the emergency room at NewtonWellesley Hospital after a verbal altercation.
The next day, Dr. Cutler noted that Plaintiffs physical and mental illness issues had not changed much.
On June 27, 2007, Plaintiff reported that the previous night and over the previous few days he had “a few drinks.”
On August 9, 2007, Plaintiff reported to consulting psychiatrist Dr. Michael Bohnert that he last used (“a couple of beers”) a week before and that he last used cocaine “about six months or more ago,” explaining he had six months clean “except for the beers two weeks ago.”
On August 28, 2007, Plaintiff complained of significant pain to Dr. Vitagliano when Percocet and Ativan were discussed and was unwilling to consider changes in his medication.
On August 29, 2007, Plaintiff reported that his pain medication and Ativan were stolen and that he had filed a police report.
One day later, Plaintiff, feeling helpless, hopeless, and depressed, was admitted again, with a GAF of 35 to 40.
Dr. Vitagliano later noted that Plaintiff was not functioning well on an outpatient basis and required a higher level of care.
On October 19, 2007, Plaintiff told Dr. Cutler he felt he was doing better with the addition of new medication and that he continued to attend daily outpatient programs.
On November 5, 2008, Dr. Cutler noted that Plaintiff continued to take and tolerate his medications for health conditions, with the exception of Seroquel, which he stopped because it made him drowsy.
On January 16, 2009, Plaintiff was in a car accident and reported immediate neck pain.
On February 25, 2009, Plaintiff went to Carney Hospital suffering from depression, anxiety, and auditory hallucinations, and he was admitted with a GAF score of 30.
Less than a week later, Plaintiff was again admitted for psychiatric care at Carney Hospital.
On April 10, 2009, Plaintiff told Dr. Cutler that he had not yet scheduled a followup appointment with his outpatient therapist, and Dr. Cutler changed his prescription from oxycontin to oxycodone, because the former was not covered by Plaintiffs insurance.
On January 28, 2010, Plaintiff began seeing Carol Slade, LICSW.
On March 3, 2010, Plaintiff reported testing positive for amphetamines, and on April 8, 2010, his drug screen was positive for benzodiazapenes and negative for illicit substances.
C. Opinion Evidence at Issue on Appeal
1. Dr. Cutler — Primary Care Physician
In a November 26, 2007 letter, Dr. Cutler stated that Plaintiff had chronic back
On October 28, 2008, Dr. Cutler wrote another letter on Plaintiffs behalf, stating that Plaintiffs symptoms prevented him from lifting weights or performing usual activities (standing, bending, crouching, etc.) for any sustained period of time.
On March 16, 2010, Dr. Cutler submitted a Psychiatric/Psychological Impairment Questionnaire,
2. Dr. Marker — Treating Psychiatrist
In an October 11, 2007 letter, Dr. Marker stated that Plaintiff had struggled with undiagnosed bipolar disorder for several years, culminating in severe social and occupational dysfunction, which met the criteria for disability.
3. Ms. Slade — LICSW
In July 2010, Ms. Slade filled out a Psyehiatric/Psyehological Impairment Questionnaire, reflecting diagnoses of bipolar disorder and polysubstance dependence (in remission) with a GAF of 50 and a fair prognosis and noting that Plaintiff had not undergone any psychiatric hospitalizations since she had begun seeing him.
D. Plaintiff’s Testimony
At his hearing, Plaintiff testified he had tried to work a few times since his alleged onset date, acting as a “gopher” for a plumber friend, but for “a total of ten times” for only “a few hours a day,” and he had a hard time doing it.
Plaintiff testified that his pain was throbbing, aching, constant, and chronic; that it went through his entire spine and all of his extremities; that several times per day he had shooting pains down his legs; and that three to ten times a day he had shooting pain down his arms with numbness in his fingers that lasted for five to forty-five minutes and was triggered by normal activities like picking up a cup of coffee.
Plaintiff testified that he could not sit still but was capable of sitting in one place for “40 minutes, 25 minutes”; that he could stand in one place for “10 minutes tops” but had to move; that he could “put weight from side to side” and walk some blocks before having to sit and rest for five
Plaintiff also stated that family stress was “killing” him, that he used to love weight lifting but could no longer do it, that he had a hard time feeling guitar strings and no longer played, that he spent most of the day (estimated at eighty to eighty-five percent) lying down and watching TV, and that he barely slept due to pain.
E. Procedural History
On June 12, 2007, Plaintiff, alleging disability since November 30, 2004, filed applications for Social Security Benefits and Supplemental Security Income payments.
On November 6, 2008, Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), and ALJ Alan Mackay held a hearing on July 26, 2010 on the denial of Plaintiffs application.
On September 23, 2010, Plaintiff filed a request with the Appeals Council to reconsider ALJ Mackay’s decision, and on April 25, 2012, the Appeals Council denied the request for review of the ALJ’s decision.
On June 19, 2012, Plaintiff commenced this action pursuant to 42 U.S.C. § 405(g).
III. Discussion
A. Standard of Review
When a district court reviews a final decision of the Commissioner of Social Security (“Commissioner”), it has the “power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner ..., with or without remanding the cause for a hearing,” but the court may not disturb the Commissioner’s findings if they are supported by “substantial evidence.”
B. Analysis
The SSA defines “disability” as an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.164
To determine more specifically whether a person qualifies as disabled, the SSA has created a five-step evaluation process.
For each of the first four steps, the claimant bears the burden of showing that he or she is disabled.
Here, the ALJ denied Plaintiffs claim for total disability. At step one, the ALJ found that Plaintiff had not engaged in substantial gainful activity since November 30, 2004.
1. Weight of the Medical Evidence
When determining Social Security benefits, an ALJ generally gives more weight to opinions from the claimant’s treating physicians, because
these sources are likely to be the medical professionals most able to provide a detailed, longitudinal picture of [the claimant’s] medical impairment(s) and may bring a unique perspective to the medical evidence that cannot be obtained from the objective medical findings alone or from reports of individual examinations, such as consultative examinations or brief hospitalizations.178
An ALJ will generally give “controlling weight” to a treating physician’s opinion on the nature and severity of the claimant’s impairment if the ALJ finds that the opinion is “well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] case record.”
If an ALJ does not give controlling weight to a treating physician’s opinion,
The ALJ “ ‘must consider all medical findings that support a treating physician’s assessment that a claimant is disabled, and can only reject a treating physician’s opinion on the basis of contradictory medical evidence, not on the ALJ’s own credibility judgments, speculation or lay opinion.’ ”
The regulations further define “acceptable medical source.”
a. Treating Physician
Here, the ALJ failed to properly weigh the medical evidence from Plaintiffs treating physician.
With regard to Plaintiffs treating physician, Dr. Cutler, the ALJ first noted that he was “not bound by” Dr. Cutler’s opinion regarding Plaintiffs disability.
As for the opinion of Dr. Cutler that the claimant is disabled, the undersigned [administrative law judge] gives it little weight where it is inconsistent with the claimant’s residual functional capacity. Although Dr. Cutler has a long-term treatment relationship with claimant, he is not an orthopedic or psychiatric specialist, and his opinion is not supported by the medical evidence of record.194
Because the ALJ did not give controlling weight to Dr. Cutler’s opinion, the ALJ should have given “good reasons” for instead assigning the opinion “little weight.”
Further, the ALJ failed to consider the other regulatory factors.
For these reasons, although it was within the ALJ’s power to decline to assign controlling weight to Dr. Cutler’s opinion, the ALJ should have made his reasoning for ignoring Dr. Cutler’s opinion sufficiently clear.
b. Treating Psychiatrist
Unlike his treatment of Dr. Cutler’s opinion, the ALJ properly weighed the medical evidence from Plaintiffs treating psychiatrist. The ALJ assigned “great weight” to the opinion and assessment of Plaintiffs treating psychiatrist, Dr. Marker.
c. Social Worker
The ALJ improperly weighed the evidence from Plaintiffs social worker, Ms. Slade. Under the regulations, Slade is not an “acceptable medical source.”
2. Credibility Determination
Because a claimant’s pain “may be more severe than indicated by the objective medical evidence, relying solely on objective medical evidence in determining credibility is not generally appropriate.”
determination or decision must contain specific reasons for the finding on credibility, supported by the evidence in the case record, and must be sufficiently specific to make clear to the individual and to any subsequent reviewers the weight the adjudicator gave to the individual’s statements and the reasons for that weight.216
Importantly, in assessing a claimant’s credibility, “an ALJ should not reject subjective allegations of pain solely because they are inconsistent with the medical record.”
In Bjornson v. Astrue, a Seventh Circuit decision written by Judge Posner, the court discussed an ALJ’s determination of the credibility of a Social Security claimant.
After careful consideration of the evidence, the undersigned [administrative law judge] finds that the claimant’s medically determinable impairments would reasonably be expected to cause the alleged symptoms; however, the claimant’s statements concerning the intensity, persistence and limiting effects of these symptoms are not credible to the extent they are inconsistent with the above residual functional capacity assessment.219
The court explains that this “boilerplate” language is a “passage drafted by the Social Security Administration for insertion into any administrative law judge’s opinion to which it pertains.”
Of course, the ALJ was free to conclude that Plaintiffs subjective claims of pain were not credible. But if he were to do so, the ALJ’s “decision must contain specific reasons for the finding on credibility, supported by the evidence in the case record, and must be sufficiently specific.”
3. Testimony of the Vocational Expert
Plaintiff argues that the ALJ relied upon flawed testimony from a vocational expert because the ALJ posed to the vocational expert a hypothetical question based on the ALJ’s flawed RFC finding.
IV. Conclusion
For the foregoing reasons, Plaintiffs Motion for Judgment on the Pleadings [# 12] is ALLOWED and Defendant’s Motion to Affirm, the Commissioner’s Decision [# 18] is DENIED. This case is REMANDED to the Social Security Administration for a new hearing and decision consistent with this opinion.
AN ORDER HAS ISSUED.
ORDER
For the reasons set forth in the accompanying Memorandum, this court hereby orders that Plaintiffs Motion for Judgment on the Pleadings [# 12] is ALLOWED and Defendant’s Motion to Affirm the Commissioner’s Decision [# 18] is DENIED. This case is REMANDED to the Social Security Administration for a new hearing and decision consistent with this opinion.
IT IS SO ORDERED.
. Tr. 780, 783 [# 8-2].
. Tr. 71, 78 [# 8-6]; Tr. 143 [# 8-7]; Tr. 782, 783-84, 795 [# 8-2],
. Tr. 71, 78, 85 [# 8-6]; Tr. 143 [# 8-7],
. Pl.'s Mem. Law Supp. His Mot. J. Pleadings, 1 [# 13] [hereinafter Pl.’s Mem.]; see Tr. 781 [# 8-2].
. Tr. 435 [# 8-11]; Tr. 587 [# 8-13],
. Tr. 387 [#8-10],
. Tr. 580-81 [# 8-13].
. Tr. 387 [# 8-10],
. Tr. 388 [# 8-11]. A GAF of 41 to 50 indicates serious symptoms such as suicidal ideation, or any serious impairment in social, occupational, or school functioning, such as having no friends or being unable to keep a job. Def.’s Mem. Law Supp. Def.'s Mot. Affirm Comm’r's Decision, 5 n. 2 [# 18] [hereinafter Def.'s Mem.] (citing Diagnostic and Statistical Manual of Mental Disorders 34 (4th ed. 2000) [hereinafter DSM-IV]).
. Tr. 384 [#8-10]. A GAF of 31 to 40 indicates some impairment in reality testing, communication or major impairment in several areas, such as work or school, family relations, judgment, thinking, or mood. Def.'s Mem., 5 n. 3 [# 19] (citing DSM-IV at 34).
. Tr. 135 [# 8-7],
. Tr. 473-74, 478-79 [# 8-11],
. Tr. 473-74, 478-79 [# 8-11],
. Tr. 132-34 [# 8-7]. Specifically, the MRIs showed moderate right foraminal narrowing at C4-5 and mild left foraminal narrowing at C5-6, a 2mm posterior disc herniation at T56, mild triangulation of the thecal sac at L3-4, and abnormal high signal in the right sacral ala adjacent to a lumbarized SI vertebral body, with incomplete fusion of the sacral ala, likely due to altered biomechanics. Tr. 132-34 [# 8-7],
. Tr. 587 [# 8-13],
. Tr. 587 [# 8-13],
. Tr. 127 [# 8-7]; Tr. 439 [# 8-11].
. Tr. 127 [# 8-7]; Tr. 439 [# 8-11], Wad-dell signs are "indications of non-organic causes of back pain; that is, signs that a patient’s reported pain has a behavioral origin.” Bazile v. Apfel, 113 F.Supp.2d 181, 187 n. 2 (D.Mass. 2000). Normally, at least three Waddell signs must be present to consider the signs relevant to credibility. Id.
. Tr. 127 [# 8-7]; Tr. 439 [# 8-11].
. See Tr. 124-25, 129-31 [# 8-7]; Tr. 441-42 [#8-11].
. Tr. 127 [# 8-7]; Tr. 440 [# 8-11].
. Tr. 590 [# 8-13],
. Tr. 592 [# 8-13].
. Tr. 364 [# 8-10],
. Tr. 364-65 [# 8-10].
. Tr. 365, 368 [# 8-10],
. Tr. 236 [# 8-8],
. Tr. 237 [# 8-8],
. Tr. 358 [# 8-10]; Tr. 595 [# 8-14],
. Tr. 595 [# 8-14],
. Tr. 349, 352 [# 8-10]; Tr. 596 [# 8-14].
. Tr. 349, 352 [# 8-10]; Tr. 596 [# 8-14].
. Tr. 342, 352 [# 8-10],
. Tr. 230 [# 9],
. Tr. 324-25 [#8-10],
. Tr. 320 [# 8-9].
. Tr. 316 [# 8-9].
. Tr. 317-19 [# 8-9],
. Tr. 316-17[# 8-9],
. Tr. 138 [# 8-7],
. Tr. 314 [# 8-9], A GAF of 51 to 60 indicates moderate symptoms, such as flat affect; occasional panic attacks; or moderate difficulty in social, occupational, or school functioning, such as having few friends or conflicts with peers or coworkers. Def.’s Mem., 8 n. 5 [# 19] (citing DSM-IV at 34).
. Tr. 308 [# 8-9],
. Tr. 307 [# 8-9],
. Tr. 306 [# 8-9],
. Tr. 218 [# 8-7]; Tr. 226 [# 8-8]; Tr. 448-50 [#8-11].
. Tr. 226-27 [# 8-8]; Tr. 451 [# 8-11].
. Tr. 226-27 [# 8-8],
. Tr. 248 [# 8-9],
. Tr. 606-10 [# 8-14],
. Tr. 304 [# 8-9],
. Tr. 304 [# 8-9].
. Tr. 303 [# 8-9],
. Tr. 302 [# 8-9],
. Tr. 302 [# 8-9].
. Tr. 507-17 [# 8-12],
. Tr. 508 [# 8-12],
. Tr. 507, 509 [# 8-12],
. Tr. 499-500 [# 8-12],
. Tr. 500 [# 8-12],
. Tr. 501 [# 8-12].
. Tr. 224 [# 8-8],
. Tr. 224 [# 8-8],
. Tr. 296 [# 8-9],
. Tr. 299 [# 8-9].
. Tr. 299 [# 8-9],
. Tr. 295 [# 8-9],
. Tr. 295 [# 8-9].
. Tr. 286, 290-94 [# 8-9],
. Tr. 286, 290-94 [# 8-9],
. Tr. 144 [# 8-7],
. Tr. 144-45 [# 8-7].
. Tr. 146-47 [# 8-7],
. Tr. 146-47 [# 8-7].
. Tr. 284 [# 8-9].
. Tr. 284 [# 8-9],
. Tr. 284 [# 8-9].
. Tr. 259, 284 [# 8-9],
. Tr. 283 [# 8-9].
. Tr. 278, 283 [# 8-9]; Tr. 613 [# 8-14],
.Tr. 277 [# 8-9].
. Tr. 542-43 [# 8-12],
. Tr. 542-43 [#8-12],
. Tr. 543 [# 8-12].
. Tr. 544-45 [# 8-13],
. Tr. 270 [# 8-8],
. Tr. 270 [# 8-8],
. Tr. 186, 187, 216-17 [# 8-7],
. Tr. 186, 216-17 [# 8-7],
. Tr. 189 [# 8-7],
. Tr. 190 [# 8-7],
. Tr. 181, 190-91 [# 8-7],
. Tr. 261 [# 8-8],
. Tr. 261 [# 8-8],
. Tr. 550 [# 8-13],
. Tr. 551 [#8-13],
. Tr. 203 [# 8-7].
. Tr. 614 [# 8-14],
. Tr. 616 [# 8-14],
. Tr. 238-42 [# 8-8]; Tr. 619 [# 8-14],
. Tr. 621 [# 8-14],
. Tr. 623, 627 [# 8-14],
. Tr. 625 [# 8-14],
. Tr. 629 [# 8-14].
. Tr. 629-30 [# 8-14],
. Tr. 631 [#8-14],
. Tr. 405 [# 8-11].
. Tr. 408 [#8-11].
. Tr. 557-58 [# 8-13]. A GAF of 21 to 30 indicates behavior that is considerably influenced by delusions, hallucinations, serious impairment in communication or judgment, or inability to function in almost all areas. Def.'s Mem., 14 n. 7 [# 19] (citing DSM-IV at 34).
. Tr. 557 [# 8-13],
. Tr. 562, 570 [# 8-13]. A GAF of 61 to 70 indicates some mild symptoms (e.g., depressed mood and mild insomnia) or some difficulty in social stressors and no more than a slight impairment in social, occupational, or school functioning. Def.’s Mem., 14 n. 8 [# 19] (citing DSM-IV at 34).
. Tr. 571 [# 8-13],
. Tr. 571-72 [# 8-13].
. Tr. 575 [# 8-13].
. Tr. 633 [# 8-14],
. Tr. 658-65 [# 8-14],
. Tr. 647-51, 658, 667-68 [# 8-14],
. Tr. 656, 668 [# 8-14],
. Tr. 647 [# 8-14],
. Tr. 648-49 [# 8-14],
. Tr. 468 [#8-11],
. Tr. 468 [#8-11],
. Tr. 468 [#8-11],
. Tr. 469 [# 8-11],
. Tr. 470 [#8-11],
. Tr. 415-22 [#8-11],
. Tr. 424-31 [#8-11],
. Tr. 423 [# 8-11],
. Tr. 416-22 [#8-11],
. Tr. 426-29 [# 8-11].
. Tr. 430 [# 8-11],
. Tr. 556 [# 8-13],
. Tr. 556 [# 8-13].
. Tr. 560 [# 8-13].
. Tr. 578 [# 8-13],
. Tr. 636, 638 [# 8-14].
. Tr. 638, 643 [# 8-14],
. Tr. 781-82 [# 8-2],
. Tr. 783 [# 8-2],
. Tr. 785-86 [# 8-2],
. Tr. 786-87 [# 8-2],
. Tr. 788-89 [# 8-2],
. Tr. 790 [# 8-2],
. Tr. 791 [# 8-2],
. Tr. 792 [# 8-2],
. Tr. 792 [# 8-2],
. Tr. 793-94 [# 8-2],
. Pl.'s Mem., 1 [# 13]; Def.’s Mem., 1 [# 19],
. Pl.'s Mem., 1-2 [# 13]; Def.’s Mem., 2 [# 19].
. Pl.’s Mem., 2 [# 13]; Def.'s Mem., 2 [# 19].
. Pl.’s Mem., 2 [# 13]; Def.’s Mem., 2 [# 19]; see Tr. 18-31 [# 8-2].
. Def.’s Mem., 2 [# 19]; see Pl.’s Mem., 2 [# 13],
. See Compl. [# 1]. There is no dispute that Plaintiff has exhausted his administrative remedies.
. 42 U.S.C. § 405(g).
. Burke v. Astrue, No. 09-11514-JLT, 2010 WL 4181145, at *4, 2010 U.S. Dist. LEXIS 111593, at *12 (D.Mass. Aug. 6, 2010) (quot
. Musto, 135 F.Supp.2d at 225 (quoting Ortiz v. Sec’y of Health & Human Servs., 955 F.2d 765, 769 (1st Cir. 1991)).
. Slessinger v. Sec'y of Health & Human Servs., 835 F.2d 937, 939 (1st Cir. 1987) (citing Thompson v. Harris, 504 F.Supp. 653, 654 (D.Mass. 1980)).
. Nguyen v. Chater, 172 F.3d 31, 35 (1st Cir. 1999) (citing Da Rosa v. Sec’y of Health & Human Servs., 803 F.2d 24, 26 (1st Cir. 1986) (per curiam); Ortiz, 955 F.2d at 769).
. 42 U.S.C. § 423(d)(1)(A).
. Id. § 423(d)(2)(A); see also Deblois v. Sec’y of Health & Human Servs., 686 F.2d 76, 79 (1st Cir. 1982).
. See 20 C.F.R. § 404.1520; Goodermote v. Sec’y of Health & Human Servs., 690 F.2d 5, 6-7 (1st Cir. 1982).
. The regulations contain a list of impairments that are disabling per se. See 20 C.F.R. § 404.1520(d).
. The regulations define "past relevant work” as work the claimant has done in the last fifteen years. Id. § 404.1560(b)(1).
. Id. § 404.1520(a)(4)(i-v).
. See, e.g., Goodermote, 690 F.2d at 7.
. Rohrberg v. Apfel, 26 F.Supp.2d 303, 306-07 (D.Mass. 1998).
. See, e.g., Goodermote, 690 F.2d at 7.
. Tr. 20[#8-2],
. Tr. 20 [# 8-2].
. Tr. 21 [# 8-2],
. Tr. 29 [# 8-2], Specifically, the ALJ found that Plaintiff was unable to perform his past work as a supermarket Stocker. Tr. 29 [# 8-2],
. Tr. 30[#8-2],
. Tr. 22 [# 8-2]. The ALJ noted several of Plaintiff's limitations: "he can occasionally climb, balance, stoop, kneel, crouch or crawl; he is limited in his ability to reach; and he must avoid concentrated exposure to extreme cold and hazards, such as dangerous machinery and unprotected heights. As to mental limitations, [Plaintiff] can understand, remember and carry out simple instructions; he can malee judgments on simple work related decisions; he is mildly limited on [sic] his ability to understand, remember, carry out, and make judgments on complex work related instructions; he is moderately limited in his ability to interact appropriately with the general public; he is mildly limited in his ability to interact appropriately with supervisors and coworkers; and he is mildly limited in his ability to respond to the usual work situations and to engage in a routine work setting.” Tr. 22 [# 8-2].
. 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2).
. Id.; see SSR 96-2p (July 2, 1996) ("If a treating source's medical opinion is well-supported and not inconsistent with the other substantial evidence in the case record, it must be given controlling weight; i.e., it must be adopted.”).
. 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2).
. Id. §§ 404.1527(c)(2-6), 416.927(c)(2-6); see Makuch v. Halter, 170 F.Supp.2d 117, 125 (D.Mass. 2001) (citing Guyton v. Apfel, 20 F.Supp.2d 156, 167 (D.Mass. 1998)).
. 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2); see Makuch, 170 F.Supp.2d at 125.
. See Green v. Astrue, 588 F.Supp.2d 147, 155 (D.Mass. 2008).
. SSR 96-2p ("[A] finding that a treating source medical opinion ... is not entitled to 'controlling weight’ [does not mean] that the opinion should be rejected____In many cases, a treating source’s medical opinion will be entitled to the greatest weight and should be adopted, even if it does not meet the test for controlling weight.”).
. Murphy v. Astrue, No. 11-10634-JLT, 2012 WL 1866288, at *12 (D.Mass. Apr. 10, 2012) (quoting Ambrosini v. Astrue, 727 F.Supp.2d 414, 425 (W.D.Pa. 2010)).
. Rose v. Shalala, 34 F.3d 13, 18 (1st Cir. 1994); see Nguyen, 172 F.3d at 35.
. See 20 C.F.R. §§ 404.1527(c)(2), (d), 416.927(c)(2), (d); see also Bjornson v. Astrue, 671 F.3d 640, 647-48 (7th Cir. 2012) (Posner, J.); cf. Dedis v. Chater, 956 F.Supp. 45, 51 (D.Mass. 1997) (holding that an ALJ cannot ignore a " 'body of evidence opposed to his view’ ” (quoting Diaz v. Sec'y of Health & Human Servs., 791 F.Supp. 905, 912 (D.P.R. 1992))).
. 20 C.F.R. §§ 404.1513, 416.913; see id. §§ 404.1527(a)(2), 416.927(a)(2).
. Id. §§ 404.1527(c)(2), 416.927(c)(2).
. Id. §§ 404.1513(d), 416.913(d); see SSR 06-03p (Aug. 9, 2006) (dictating that opinions from "other sources” may be used to show the severity of an individual’s impairments).
. 20 C.F.R. §§ 404.1513(d), 416.913(d); SSR 06-03p.
. See Lopez v. Astrue, No. 10-10045-JLT, 2011 WL 3841912, at *5 (D.Mass. Aug. 25, 2011) ("[AJlthough the ALJ ‘is empowered with the discretion to afford less than controlling weight, or even no weight, to the opinion of other [non-medical] sources, the ALJ has a duty to address and discuss the opinion.' ” (quoting Saxon v. Astrue, 781 F.Supp.2d 92, 104 (N.D.N.Y. 2011))); Randall v. Astrue, No. 09-11273-NG, 2011 WL 573603, at *10 (D.Mass. Feb. 15, 2011).
. Tr. 29 [# 8-2] (citing SSR 96-5p).
. Tr. 29[#8-2].
. 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2); see Makuch, 170 F.Supp.2d at 125.
. See Tr. 29 [# 8-2],
. See 20 C.F.R. §§ 404.1527(c)(2-6), 416.927(c)(2-6); see also Makuch, 170 F.Supp.2d at 125.
. Tr. 29 [# 8-2]; see 20 C.F.R. §§ 404.1527(c), 416.927(c).
. See 20 C.F.R. §§ 404.1527(c)(2-6), 416.927(c)(2-6).
. See id. §§ 404.1527(c)(2)(i), 416.927(c)(2)(i).
. See id. §§ 404.1527(c)(2)(H), 416.927(c)(2)(H).
. See id. §§ 404.1527(c)(3), 416.927(c)(3).
. See supra Part II(B)-(D).
. See 20 C.F.R. §§ 404.1527(c)(4), 416.927(c)(4).
. See Green, 588 F.Supp.2d at 155.
. Tr. 29 [# 8-2].
. Tr. 29 [# 8-2] (citing SSR 96-5p).
. See sources cited supra note 187.
. See 20 C.F.R. §§ 404.1513, 416.913.
. See id. §§ 404.1527(c)(2), 416.927(c)(2).
. See Tr. 18-31 [# 8-2],
. See sources cited supra note 192.
. Cabral v. Colvin, No. 12-11757-FDS, 2013 WL 4046721, at *8 (D.Mass. Aug. 6, 2013) (citing SSR 96-7p (July 2, 1996); 20 C.F.R. §§ 404.1529(c)(1), 416.929(c); Nguyen, 172 F.3d at 34).
. Gray v. Heckler, 760 F.2d 369, 374 (1st Cir. 1985) (citing Alvarado v. Weinberger, 511 F.2d 1046, 1049 (1st Cir. 1975) (per curiam)).
. SSR 96-7p.
. Id.; see Da Rosa, 803 F.2d at 26 (remanding credibility decision to ALJ and stating that any new credibility finding "must be supported by substantial evidence and the ALJ must make specific findings as to the relevant evidence he considered in determining to disbelieve the appellant”); Guyton, 20 F.Supp.2d at 166 ("[A] general reference to the record stating that 'Claimant's testimony regarding pain and discomfort is not credible to the extent alleged in light of the evidence of record' ... does not satisfy the requirement of specific findings for credibility determinations.”).
. Cabral, 2013 WL 4046721, at *8 (citing Pires v. Astrue, 553 F.Supp.2d 15, 22-23 (D.Mass. 2008); SSR 96-7p; Valiquette v. Astrue, 498 F.Supp.2d 424, 433 (D.Mass. 2007)).
. 671 F.3d at 644-47.
. Id. at 644 (alteration in original).
. Id. at 645.
. Id. (quoting Hardman v. Barnhart, 362 F.3d 676, 679 (10th Cir. 2004)). The quote from Hardman continues: " 'More troubling, it appears that the Commissioner has repeatedly been using the same boilerplate paragraph to reject the testimony of numerous claimants, without linking the conclusory statements contained therein to evidence in the record or even tailoring the paragraph to the facts at hand, almost without regard to whether the boilerplate paragraph has any relevance to the case.' " Id. (quoting Hardman, 362 F.3d at 679).
. Id.
. Id. Judge Posner continues: “[T]he boilerplate implies that the determination of credibility is deferred until ability to work is assessed without regard to credibility, even though it often can’t be.” Id. at 645-46.
. Tr. 28[#8-2],
. See Tr. 28 [# 8-2]; Bjornson, 671 F.3d at 644.
. Cabral, 2013 WL 4046721, at *8.
. SSR 96-7p.
. Pl.’s Mem., 28 [# 13].
Reference
- Full Case Name
- Matthew W. DOUCETTE v. Michael J. ASTRUE, Commissioner of Social Security
- Cited By
- 3 cases
- Status
- Published