Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

VITALE v. APFEL

May 13, 1999

PETER VITALE, PLAINTIFF,
v.
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Wexler, District Judge.

MEMORANDUM AND ORDER

Plaintiff seeks judicial review, pursuant to § 205(g) of the Social Security Act (the "Act"). 42 U.S.C. § 405 (g), of a final determination of the Commisioner of Social Security (the "Commissioner") denying his application for disability insurance benefits. The Commissioner moves for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). For the reasons below, the motion is granted.

I. BACKGROUND

A. Procedural History

Plaintiff Peter Vitale applied for Social Security disability insurance benefits on March 1, 1994, alleging disability since November 14, 1980. Transcript of Administrative Record ("Tr.") 42. Plaintiff met the Act's insured status requirements and was fully insured through December 31, 1985. His application was denied initially on June 30, 1994 and on reconsideration on September 16, 1994. On October 24, 1994, plaintiff requested a hearing by an Administrative Law Judge ("ALJ").

A hearing was held before an ALJ on June 20, 1995. By decision dated July 24, 1995, the ALJ held that plaintiff was not disabled under the Act. Tr. 19-29. Plaintiff requested that the Appeals Council review the ALJ's decision, and on March 28, 1997, the Appeals Council denied plaintiff's request for review. Plaintiff then commenced this action.

B. The Administrative Record

1. Plaintiff's Testimony

Plaintiff testified that after he stopped working, he experienced pain in his back every day, and that his back would "go out" and he would end up bedridden" [s]ometimes for months at a time." He testified that he experienced depression, which had affected his marriage and "his ability to leave the house and perform daily chores. He testified that he saw a clinical psychologist, Dr. Roslyn R. Braun, for a couple of months in the early 1980's due to marital problems. He further testified that he was not hospitalized and did not receive orthopedic treatment between November 14, 1980 and December 31, 1995, when his insured status expired, although he recalled receiving chiropractic treatment. He did not recall if, prior to the expiration of his insured status, any doctor had prescribed medication for him.

Plaintiff also testified that since 1980 he had experienced pain every day while sitting, standing, and walking. He stated that he could lift a light bag of groceries, and his disability reports showed that he "sometimes" cooked, vacuumed, washed dishes, and drove his car. He testified that he enjoyed fishing, but that after the accident he was not able to regularly fish and had not done so since August 1994. Plaintiff maintained that his condition has become worse since December 31, 1985. Plaintiff indicated that he occasionally drove a limousine over a four to five year period after December 31, 1985 until the limousine service went out of business.

2. Medical Evidence

Plaintiff submitted a medical report by Dr. Braun dated June 17, 1980. Dr. Braun diagnosed plaintiff as having severe anxiety and depression related to chronic back pain. She also reported that plaintiff had marital problems and recommended that he undergo psychiatric treatment.

Plaintiff first sought treatment by a chiropractor, Dr. Kevin Barbier, on April 28, 1992. At the time, plaintiff reported a long history of low back pain and a recent onset of hack pain on April 1, 1992. Plaintiff underwent treatment once a week until June 3, 1992. Plaintiff returned to Dr. Barbier in July 1992 for treatment of recent onset of neck ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.