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.

WALKER v. BARNHART

April 28, 2004.

GLORIA WALKER, Plaintiff
v.
JO ANNE BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant



The opinion of the court was delivered by: SHIRA SCHEINDLIN, District Judge

OPINION AND ORDER

I. INTRODUCTION

  Gloria Walker brings this action under section 205(g) of the Social Security Act, 42 U.S.C. ยง 405(g) (the "Act"), challenging the final decision of the Commissioner of Social Security ("Commissioner") denying her application for supplemental security income ("SSI"). Defendant has moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).

 II. BACKGROUND

  A. Procedural History

  Plaintiff filed applications for SSI benefits on July 27, 1982, August 16, 1984, February 27, 1985*fn1 and February 13, 1992. See Tr. at 54. In her application, plaintiff stated that her disability impairments, a heart condition and feet problems, began in March of 1992. See id. Plaintiff's claim was denied initially and upon reconsideration. See id. at 59, 67. Pursuant to a court order issued in the Steiberger v. Sullivan class action lawsuit requiring the Social Security Administration to reconsider plaintiff's earlier applications, her claims were re-opened, reviewed, and again denied in 2000. See id. at 74. Upon request, a hearing was conducted before an administrative law judge ("ALJ") on February 20, 2002. See id. at 35. On February 28, 2002, the ALJ issued a decision denying plaintiff's application for benefits for the period March 1989 through April 1998. See id. at 10, 14. The ALJ's decision became the final decision of the Commissioner when the Appeals Council denied plaintiff's request for review on February 26, 2003. See id. at 6.

 B. Plaintiff's Personal History

  Plaintiff was born on January 28, 1947. See id. at 39, 54. She was forty-five years old when she filed her application in March 1992. See id. at 54. She completed eleven years of school and did not obtain a GED or attend a vocational school. See id. at 40, 84, 101. Plaintiff lives with her two children (ages thirty-one and thirty-five at the time of her 2002 hearing) in a private home rented by the plaintiff. See id. at 24, 39. In her 1992 application disability report dated May 22, 2000, plaintiff stated that she had not worked for the past fifteen years. See id. at 96. Plaintiff testified that during the relevant time period, March 1989 through April 1998, she used public transportation without assistance on a regular basis. See id. at 40. Plaintiff testified that although she had had several surgeries on her feet during the relevant time period which caused certain limitations, these limitations had not kept her from working; rather her migraine headaches and heart palpitations were the source of her disability. See id. at 40-41. Plaintiff further testified that she sporadically had difficulty holding objects and would occasionally faint. See id. at 42. Additionally, plaintiff testified that on some days she could walk "blocks and blocks and blocks" without difficulty and on other days she tired easily. Id. at 43.

  Plaintiff described her hobbies as watching TV, listening to the radio, playing card games, reading, and experimenting with hair styles. See id. at 44. Plaintiff testified that she did some household chores but her children did most of them, although she did the cooking. See id. C. Medical Evidence

  1. Treating Physicians*fn2

  a. Morrisania Neighborhood FCC

  Plaintiff was seen at the Morrisania Neighborhood Clinic from September 1, 1992 through the present for pain caused by urination. She also complained of itchy skin which was diagnosed as contact dermatitis. See id. at 132-34.

  b. North General Hospital

  On October 15, 1991, plaintiff was seen at North General Hospital for her hammertoe*fn3 condition and was referred to physical therapy. See id. at 138. On November 19 and December 24, 1991, plaintiff was seen in the Hospital's rehabilitation department after she had surgery on her toe. In addition, it was noted that she had emphysema and Marfan Syndrome,*fn4 ...


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.