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.

Linehan v. Berryhill

United States District Court, D. Massachusetts

December 27, 2017

DAVID M. LINEHAN, Plaintiff,
v.
NANCY A. BERRYHILL, Commissioner of Social Security Administration, Defendant.

          MEMORANDUM AND ORDER

          HON. PATTI B. SARIS CHIEF U.S. DISTRICT JUDGE

         INTRODUCTION

         Plaintiff David M. Linehan, who suffers from physical and mental impairments, moves to reverse and remand the Commissioner's denial of his application for Social Security Disability Insurance Benefits under 42 U.S.C. § 405(g). He claims that the Administrative Law Judge (“ALJ”) committed an error of law by ignoring evidence from his treating healthcare providers.

         For the reasons set forth below, the Court DENIES Defendant's Motion to Affirm (Docket No. 24) and ALLOWS, in part, Plaintiff's Motion to Reverse (Docket No. 22).

         FACTUAL BACKGROUND

         The following facts are derived from the administrative record. Plaintiff is a 50-year-old male with a high school education, residing with his girlfriend and their two young children in Quincy, Massachusetts. R. 62, 179-80.

         The impairments that support the disability claim stem from a series of incidents in 2012 and 2013. R. 280. First, Plaintiff hit his head while moving a futon in September 2012, resulting in severe neck pain. R. 280. Then, on November 6, 2012, he was involved in a low-speed motor vehicle accident, briefly losing consciousness. R. 402. His dizziness, fatigue, and cognitive difficulties have since been treated as post-concussion symptoms. R. 280-81.

         In February 2013, after forcefully shaking a bottle of infant formula, he sought medical treatment for severe pain in his neck and arm. Id. On May 2, 2013, he was involved in a second motor vehicle accident, which he described as a “minor fender bender.” Id. His Alleged Onset Date of disability is May 5, 2013. R. 53.

         A. Work History

         Plaintiff last worked a full-time job in 2007. R. 145-46. After a period of unemployment, Plaintiff began to work part- time as a driver for Enterprise Rental Car in 2010. R. 145. Plaintiff stopped working some time after the November 2012 car accident. He then attempted to return to work on an incremental basis, beginning with a two hour shift in May 2013. R. 402. Due to fatigue, dizziness, and the inability to concentrate, he felt that he was unable to perform his duties as a driver and left Enterprise later that year. Id.

         Beginning in March 2014 and continuing through the time of the hearing before the ALJ on November 3, 2015, Plaintiff was working on a per diem basis as a courier for White House Insurance, two to three half days per week on average. R. 35-36. Due to his symptoms, Plaintiff has refused offers of additional work. R. 45.

         B. Medical Records

         Plaintiff initially reported “dizziness and fatigue” to a doctor on the day after the automobile accident in November 2012. R. 440. During his visit to Massachusetts General Hospital on the day of the February 16, 2013 bottle shaking incident, the attending physician noted that his “neurological exam show[ed] no focal defects” and that his motor function was “intact.” R. 324. Later that month, Dr. Leonid Shinchuk treated him for neck and arm pain but noted that “[h]e is independent with activities of daily living . . . [and] [h]e demonstrates good attention and concentration . . . .” R. 318. Also in February 2013, Dr. Seth Herman, M.D., a traumatic brain injury and neurological rehabilitation specialist, began to see Plaintiff regularly. R. 606.

         On May 2, 2013, after the second automobile accident, Plaintiff again showed no neurological defects on examination. R. 300. One week later, Plaintiff reported some lingering absentmindedness to his physical therapist, Marie Figueroa, but stated that his dizziness had abated. R. 293. Later that month, Dr. Herman noted that Plaintiff was ...


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.