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August 8, 2011
WILLIAM E. SOPHER, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
William E. Sopher ("Plaintiff"), commenced the instant action pursuant to 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner"), denying his claims for disability insurance benefits ("DIB") and supplemental security income ("SSI) under Titles II and XVI of the Social Security Act, 42 U.S.C. § 401, et seq. and § 1381 et seq. Plaintiff filed his applications on January 4, 2008, alleging disability since July 6, 2007 due to a herniated disc (AR 69-82; 120).*fn1 His applications were denied, and he requested an administrative hearing before an administrative law judge ("ALJ") (AR 52-53; 64). Following a hearing held on August 6, 2009 (AR 22-43), the ALJ concluded, in a written decision dated September 17, 2009, that Plaintiff was not entitled to a period of disability, DIB or SSI under the Act (AR 11-21). Plaintiff"s request for review by the Appeals Council was denied (AR 1-5), rendering the Commissioner"s decision final under 42 U.S.C. § 405(g). The instant action challenges the ALJ"s decision. Presently pending before the Court are the parties" cross-motions for summary judgment. For the reasons that follow, the Commissioner"s motion will be denied and Plaintiff"s motion will be granted to the extent he seeks a remand for further consideration.
Plaintiff was 48 years old on the date of the ALJ"s decision and completed school through the eleventh grade (AR 12520). He has past relevant work experience as a blow mold technician and laborer (AR 110; 121).
A. Medical evidence submitted to the ALJ
Plaintiff presented to the emergency room on July 9, 2007 and complained of back pain that radiated to his left thigh and knee (AR 155). He reported an acute onset date of three days prior while walking in a swimming pool (AR 155; 185). Physical examination by Lawrence Newhook, M.D., revealed that Plaintiff was alert but mildly distressed, with vertebral point tenderness and soft tissue tenderness over the lower lumbar spine, and a mildly limited range of motion in his back secondary to pain (AR 155). Dr. Newhook found no evidence of muscle spasms in his back, but his straight leg raising test was positive at fifteen degrees on the left (AR 155-156). No motor or sensory deficits were found (AR 156). Lumbosacral spine x-rays showed some mild degenerative changes and lumbarization of S1 (AR 157). Plaintiff was assessed with acute lumbar strain, acute left-sided sciatica and acute pain (AR 156). He was scheduled for an MRI, prescribed Vicodin and Flexeril and was advised to avoid strenuous activity for three days (AR 156).
Plaintiff"s lumbar MRI dated July 17, 2007 showed a disc herniation at the L4-5 level with mild central canal stenosis (AR 170). Plaintiff was referred to physical therapy beginning in September 2007, and at his October 1, 2007 session, Plaintiff reported that his back pain had improved (AR 167-168).
Plaintiff was seen by Curtis Helgert, D.O., his primary care physician on October 4, 2007 and complained of back and right leg pain, but reported that physical therapy had been helpful (AR 175). Injection therapy was discussed, but Plaintiff decided he wanted to "hold off" and continue with an exercise program instead (AR 175). On physical examination, Dr. Helgert reported that his straight leg raising test was negative bilaterally but his low back remained "a little tender" (AR 175). He was diagnosed with a herniated L4-5 disc, was to continue off work for two more weeks, and continue with a home exercise program (AR 175). On October 22, 2007, Plaintiff reported having good days and bad days with respect to his back pain (AR 175). Dr. Helgert found no significant tenderness on physical examination, and Plaintiff denied any radiating pain (AR 175). He was assessed with back pain with a herniated disc and released to return to work (AR 175).
On November 2, 2007, Plaintiff reported ongoing back pain (AR 175). He stated that he had returned to work and on some days did "quite poorly" (AR 175). Plaintiff indicated that he engaged in a "fair amount of lifting at work" (AR 175). Dr. Helgert noted some low back tenderness, but found no neurological symptoms (AR 175). He was diagnosed with lumbar strain and referred to physical therapy (AR 175).
When seen for physical therapy on November 15, 2007, Plaintiff reported that he still used pain medication to control his back pain (AR 165). On November 30, 2007 Plaintiff returned to Dr. Helgert and reported ongoing right leg pain (AR 174). He found that Plaintiff"s legs were "fairly normal" neurologically, but that he had "a little bit of sensory alteration in the lateral aspect but nothing profound" (AR 174). Dr. Helgert further found low back tenderness and ordered a repeat MRI (AR 174). Plaintiff was to remain off work temporarily until January 7, 2008 (AR 174).
On December 3, 2007, Richard Cribbs, DPT, performed a physical work performance evaluation of Plaintiff (AR 160-164). He opined that Plaintiff was capable of performing medium level work for an eight-hour day/forty-hour week (AR 160). Plaintiff complained of pain in his low back during testing, and Mr. Cribbs noted that his statements were consistent with his movement patterns (AR 161). He noted that Plaintiff"s gait was antalgic compared to his gait pattern upon arriving for the test (AR 164).
Frederic McDermott, M.D., compared an MRI of Plaintiff"s lumbar spine dated December 7, 2007 to his previous study dated July 17, 2007 (AR 169). At the L3-4 level, Dr. McDermott found a minimal disc bulge that caused no significant impingement upon the thecal sac (AR 169). At the L4-5 level, he found a broad based central disc protrusion that had decreased in size since the prior examination (AR 169). Dr. McDermott found normal alignment of the lumbar spine bones, no marrow signal abnormalities, and his paraspinal soft tissues were unremarkable (AR 169).
At Plaintiff"s December 12, 2007 physical therapy session, the therapist noted that Plaintiff"s condition had improved (AR 159). It was reported that he had decreased radiculopathy in the right lower extremity and tolerated increased range of motion exercises (AR 159).
When seen by Dr. Helgert on December 17, 2007, Plaintiff reported that he had completed physical therapy and was "doing better" (AR 174). Dr. Helgert noted that his most recent MRI showed shrinking of the disc and that Plaintiff still complained of some radicular leg pain, but it had improved (AR 174). On physical examination, Dr. Helgert found Plaintiff had normal sensation in his legs bilaterally, his deep tendon reflexes were normal and his strength was "ok" (AR 174). Some palpatory spasm and tenderness of his low back was noted (AR 174). Plaintiff was diagnosed with back pain and a herniated disc, and was directed to continue with his home exercise program (AR 174).
On January 4, 2008, Plaintiff reported that he had ongoing back pain and felt like he had regressed since completing physical therapy (AR 173). He complained of intermittent pain radiating down his legs (AR 173). Dr. Helgert observed that his last MRI "showed actual improvement in his herniated disc" (AR 173). He noted a little tenderness in Plaintiff"s low back and referred him to physical therapy (AR 173).
Plaintiff continued to complain of back pain on February 1, 2008 and Dr. Helgert noted that he continued to have muscle spasm and tenderness in his paravertebral muscles in his lumbar spine, but his neurological examination seemed "ok" (AR 173). Dr. Helgert diagnosed him with chronic back pain and prescribed Skelaxin and Voltaren (AR 173).
On March 7, 2008, Justin Fridley, a state agency adjudicator, reviewed the medical evidence of record and found that Plaintiff had the medically determinable impairment of a herniated disc (AR 181). He opined that Plaintiff could perform light work, but could only occasionally climb ladders, ropes and scaffolds (AR 176-180). Mr. Fridley noted that Plaintiff claimed limitations in standing, walking, lifting and carrying (AR 181). He found his statements only partially credible however, based on his medical history, character of his symptoms, his daily activities, and the type of treatment he received (AR 181).
Plaintiff returned to Dr. Helgert on June 9, 2008, and complained of back pain and radiating leg pain, which was exacerbated by activity (AR 172). Plaintiff stated that he had lost his job, and did not feel he was able to work due to his ongoing back discomfort (AR 172). Dr. Helgert found "a little" palpatory tenderness in his low back, but there were no neurological changes in his legs (AR 172). He was continued on his medications and was to remain off work until his orthopedic consultation (AR 172).
On August 7, 2008, Plaintiff reported to Dr. Helgert that he could engage in limited amounts of activity if he was "very careful" while lifting or bending (AR 172). He claimed he could only briefly sit before needing to get up and move about, and had to take breaks with any activity (AR 172). Dr. Helgert found spasm and tenderness of his paravertebral muscles, but no neurological changes in his legs (AR 172). He was assessed with low back pain (AR 172).
Dr. Helgert completed a medical source statement for Plaintiff"s insurance company on August 7, 2008 (AR 183-184). He opined that Plaintiff was totally disabled from performing his previous occupation, but not from working at any other occupation (AR 183). He concluded that Plaintiff could work ten hours per week, and with breaks, stand for two hours, sit for two hours, drive for one hour and walk for two hours, and was limited to sedentary work (AR 183). Dr. Helgert noted that he expected Plaintiff"s condition to improve (AR 184).
When seen by Dr. Helgert on September 8, 2008, Plaintiff reported that he continued to be limited in his activities (AR 172). He claimed he was able to lift a "fair amount" but had difficulty with anything repetitive (AR 172). He continued to have "good days and bad days" with leg pain that waxed and waned (AR 172). He was diagnosed with back pain and his medications were refilled (AR 172).
On November 17, 2008, Plaintiff was evaluated by James Macielak, M.D., pursuant to the request of Dr. Helgert (AR 185-186). Plaintiff complained of back pain that increased proportionally to the amount of activity he performed (AR 185). He further complained of weakness in his right leg causing his leg to buckle, for which he used a cane (AR 185). Dr. Macielak noted Plaintiff"s body mass index ("BMI") was 36.8, his gait was mildly antalgic, and he moved slowly from a sitting to a standing position (AR 185). On physical examination, he found Plaintiff had no significant structural spinal abnormalities, and his head compression rotation test and superficial palpation were negative (AR 185). Dr. Macielak found bilateral posterior superior iliac spine tenderness and bilateral sciatic notch tenderness (AR 185). Plaintiff"s straight leg raising test produced popliteal and calf pain bilaterally, and popliteal compression was positive on the right, negative on the left (AR 185). Dr. Macielak found regional hypothesias in the right foot and no ankle reflex, but found no lower extremity manual motor deficits (AR 185). Plaintiff exhibited a symmetric range of motion in his hips, knees and ankles without irritability or instability (AR 186).
Dr. Macielak ordered x-rays, which showed a transitional segment, a sacralized L5 with a lumbosacral attachment on the left, open to the right, and evidence of retrolisthesis*fn2 at L4 and L5 (AR 186). He reviewed Plaintiff"s previous MRI films noting his central disc herniation (AR 186). He diagnosed Plaintiff with herniated nucleus pulposis at L4-L5, degenerative disc disease at L4-L5 with retrolisthesis, transitional segment sacralized L5 and obesity (AR 186). Dr. Macielak recommended epidural injections, and, as another option, surgery, involving an instrumented fusion with discectomy decompression (AR 186).
Plaintiff returned to Dr. Helgert on December 8, 2008 and complained of back pain (AR 171). He informed Dr. Helgert he was considering undergoing epidural injections as suggested by Dr. Macielak (AR 171). Dr. Helgert found some sensory alteration in his right leg consistent with his dermatomal herniation (AR 171). He was diagnosed with a herniated disc, continued on his medications, and encouraged to pursue epidural injections (AR 171).
When seen by Dr. Helgert on March 9, 2009, Plaintiff reported chronic back pain with ongoing radicular pain in his legs (AR 171). He was assessed with chronic back pain and his medications were refilled (AR 171). Dr. Helgert also prescribed Celexa since Plaintiff reported experiencing "some depressive [symptoms]" (AR 171).
On April 20, 2009, Plaintiff complained of back pain radiating down his legs and that he needed a cane to assist him in walking (AR 193). Dr. Helgert noted that Plaintiff did not want to undergo epidural injections as suggested by Dr. Macielak because he was "afraid of needles" (AR 193). Dr. Helgert informed him that epidural steroids would be a benefit, and encouraged Plaintiff to discuss this option (AR 193). Plaintiff was "amenable" to a discussion of his back pain and steroids with a pain clinic (AR 193). Plaintiff"s physical examination remained unchanged, and he was diagnosed with chronic back pain (AR 193).
On May 26, 2009, Plaintiff began counseling with Ashley Howes, PC (AR 189-190). Plaintiff reported suffering from symptoms of depression for over one year (AR 189). He reported a lack of energy, sleep and appetite disturbances, a loss of interest in activities, anxiety, panic attacks and anger (AR 189-190). He denied suffering from any suicidal thoughts (AR 189). He was diagnosed with major depressive disorder, single episode, and adjustment disorder with mixed anxiety and a depressed mood (AR 190).
At his June 2, 2009 counseling session, Plaintiff reported that his disability was affecting his interpersonal relationships (AR 190). His therapist discussed coping skills for him to utilize in dealing with his feelings of depression and anger (AR 190).
On June 8, 2009, Dr. Helgert reported that Plaintiff was "doing pretty well" but still complained of back pain (AR 193). Plaintiff stated that he could not afford to visit a pain clinic (AR 193). He was assessed with chronic back pain and depression and his medications were refilled (AR 193). Dr. Helgert noted that Plaintiff "seemed to think [the Celexa] helped" with his symptoms (AR 193).
On June 10, 2009, Plaintiff reported to Ms. Howes that he was depressed due to the recent death of his uncle (AR 191). He further reported family situations that caused him distress (AR 191). He rated his depression at a three on a scale of one to five, but denied any thoughts of self harm (AR 191). Plaintiff reported that his medications and coping skills had helped with his symptoms and he had more energy (AR 191).
On July 1, 2009, Plaintiff reported suffering from a recent panic attack in a store (AR 196). He denied any thoughts of self harm (AR 196). On July 15, 2009, Plaintiff described a recent anger outburst, and rated his depression at a four (AR 196). Plaintiff had no suicidal ideations, and Ms. Howe reported that his affect was appropriate to his mood (AR 196). On July 29, 2009, Ms. Howe encouraged Plaintiff to utilize his coping skills in managing his feelings of depression and anger (AR 196-197).
When seen by Ms. Howe on August 12, 2009, Plaintiff rated his depression as a three and reported that his depression was "lessening a little" and that he used his coping skills to handle anger outbursts (AR 197). Plaintiff denied any feelings of harm to himself or others, and Ms. Howe reported that his affect was appropriate to his mood (AR 197).
B.Medical evidence submitted to the Appeals Council
On September 30, 2009, Plaintiff presented to the emergency room for complaints of back pain (AR 200). Physical examination revealed moderate muscle spasm of the right and left posterior back, moderate vertebral point tenderness over the mid and lower lumbar spine, and soft tissue tenderness in the mid and central lumbar area (AR 200). Plaintiff had a limited lumbar range of motion, and decreased flexion and extension (AR 200). Plaintiff exhibited a normal range of motion in his extremities, and no motor or sensory deficits were found (AR 200). It was reported that Plaintiff was fully oriented and his affect and mood were normal (AR 200). Plaintiff was diagnosed with acute pain in his lower back and a herniated disc, and prescribed Percocet and Flexeril (AR 200; 203).
An MRI of Plaintiff"s lumbar spine dated October 9, 2009 showed minimal concentric disc bulge at the L3-4 level without any significant change for the prior exam dated December 7, 2007 (AR 204). At the L4-5 level there was a mild broad-based posterior disc herniation, with some facet hypertrophic changes and some minor right neural foramen encroachment (AR 204).
Treatment notes from Dr. Helgert dated November 23, 2009 show that Plaintiff continued to complain of back pain, and on physical examination his low back remained tender (AR 213). Dr. Helgert completed a Pennsylvania Department of Public Welfare Employability Assessment Form and opined that Plaintiff was permanently disabled due primarily to low back pain and secondarily due to hypertension (AR 209). On this form, Dr. Helgert checked that his assessment was based upon physical examination, review of medical records, and appropriate tests and diagnostic procedures (AR 209).
On December 5, 2009, Dr. Macielak completed a Medical Source Statement opining that Plaintiff could engage in limited sedentary work activities, but was not capable of sustaining competitive work activity (AR 219-221). On the form, Dr. Macielak checked the section which stated that Plaintiff"s low back pain symptoms were present to such an extent that it would distract him from adequate performance of daily activities or work, and that physical activity increased his pain to such an extent that medication and/or bed rest was necessary (AR 220-221).
On February 22, 2010, Plaintiff reported to Dr. Helgert that he slipped and fell and was having some neck pain radiating to his left arm (AR 213). Dr. Helgert noted that otherwise, Plaintiff was "doing ok" (AR 213). On physical examination, Dr. Helgert found some sensory alteration along the course of his ulnar nerve on his left hand, a diminished tricep reflex and his grip was "a little weak" (AR 213). He was diagnosed with cervical radiculopathy (AR 213). A cervical MRI dated February 26, 2010 revealed a C5-6 disc bulge with right sided predominant neural foraminal narrowing and a C6-7 disc bulge with left sided predominant neural foraminal narrowing (AR 214).
C.Hearing testimony
Plaintiff and Ms. Edwards, a vocational expert, testified at the hearing held by the ALJ on August 6, 2009 (AR 22-43). Plaintiff testified that on a typical day, he watched television all day in a recliner, getting up and moving around every hour (AR 30). Plaintiff stated that he suffered from back spasms and stabbing pain on a daily basis (AR 36-37). He stated that his pain increased while lifting, sitting for too long, walking and standing (AR 32). He claimed that he changed positions and took Vicodin in order to alleviate the pain (AR 32-33). Plaintiff testified that he had no medical insurance and could not afford the recommended epidural injections (AR 33). He further testified that he had used a cane to walk since March 2008 because his right leg would give out on him causing him to lose his balance (AR 33). He stated he was able to sit for twenty to thirty minutes and stand for fifteen minutes (AR 35-36). Plaintiff testified that he attempted to work despite his pain but his legs "ache[d] like crazy" and he was unable to perform his job (AR 35).
Plaintiff testified that he performed no household chores and did not attend social events and/or meetings (AR 30-31). He stated that his son performed the yard work and his wife helped him dress (AR 31). Plaintiff claimed that he stopped attending his son"s school events because of an inability to sit or walk very far (AR 38). He stated that he had a baseball card collection that he viewed, but rarely left his house (AR 31-32).
Plaintiff further testified that he had difficulty being around other people, had trouble concentrating and had no motivation to complete tasks (AR 33-34). He claimed he angered easily (AR 39). He indicated that his medications helped alleviate his symptoms for a while but he had "gotten used" to them (AR 39). He claimed that his medications caused drowsiness (AR 34-35).
The vocational expert was asked to assume an individual of the same age, education and work experience as Plaintiff, who was limited to sedentary work with a sit/stand option not involving interaction with the general public (AR 41-42). The vocational expert testified that such an individual could work as a surveillance system monitor and a hand packer/worker (AR42).
Following the hearing, the ALJ issued a written decision which found that Plaintiff was not entitled to a period of disability or DIB within the meaning of the Act (AR 11-21). His request for an appeal with the Appeals Council was denied rendering the ALJ"s decision the final decision of the Commissioner (AR 1-5). He subsequently filed this action.
The Court must affirm the determination of the Commissioner unless it is not supported by substantial evidence. See 42 U.S.C. § 405(g). Substantial evidence does not mean a large or considerable amount of evidence, but only "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Pierce v. Underwood, 487 U.S. 552, 564-65 (1988) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 1097, 229 (1938)); see also Richardson v. Parales, 402 U.S. 389, 401 (1971); Ventura v. Shalala, 55 F.3d 900, 901 (3rd Cir. 1995). It has been defined as less than a preponderance of evidence but more than a mere scintilla. See Richardson, 402 U.S. at 401; Jesurum v. Secretary of the United States Dept. of Health and Human Servs., 48 F.3d 114, 117 (3rd Cir. 1995). Additionally, if the ALJ"s findings of fact are supported by substantial evidence, they are conclusive. 42 U.S.C. § 405(g); Richardson, 402 U.S. at 390. A district court cannot conduct a de novo review of the Commissioner"s decision or re-weigh evidence of record. Palmer v. Apfel, 995 F. Supp. 549, 552 (E.D.Pa. 1998); see also Monsour Medical Center v. Heckler, 806 F.2d 1185, 90-91 (3rd Cir. 1986) ("even where this court acting de novo might have reached a different conclusion . so long as the agency"s factfinding is supported by substantial evidence, reviewing courts lack power to reverse either those findings or the reasonable regulatory interpretations that an agency manifests in the course of making such findings."). To determine whether a finding is supported by substantial evidence, however, the district court must review the record as a whole. See 5 U.S.C. § 706.
Title II of the Social Security Act provides for the payment of disability insurance benefits to those who have contributed to the program and who have become so disabled that they are unable to engage in any substantial gainful activity. 42 U.S.C. § 423(d)(1)(A). Title XVI of the Act establishes that SSI benefits are payable to those individuals who are similarly disabled and whose income and resources fall below designated levels. 42 U.S.C. § 1382(a). A person who does not have insured status under Title II may nevertheless receive benefits under Title XVI. Compare 42 U.S.C. § 423(a)(1) with 42 U.S.C. § 1382(a). In order to be entitled to DIB under Title II, a claimant must additionally establish that her disability existed before the expiration of her insured status. 42 U.S.C. § 423(a), (c). The ALJ found that Plaintiff met the disability insured status requirements of the Act through December 31, 2011 (AR 11). SSI does not have an insured status requirement.
A person is "disabled" within the meaning of the Social Security Act if he or she is unable 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." 42 U.S.C. § 423(d)(1)(A). The Commissioner uses a five-step evaluation process to determine when an individual meets this definition:
In the first two steps, the claimant must establish (1) that he is not engaged in "substantial gainful activity" and (2) that he suffers from a severe medical impairment. Bowen v. Yuckert, 482 U.S. 137, 140-41 (1987). If the claimant shows a severe medical impairment, the [Commissioner] determines (3) whether the impairment is equivalent to an impairment listed by the [Commissioner] as creating a presumption of disability. Bowen, 482 U.S. at 141. If it is not, the claimant bears the burden of showing (4) that the impairment prevents him from performing the work that he has performed in the past. Id. If the claimant satisfies this burden, the [Commissioner] must grant the claimant benefits unless the [Commissioner] can demonstrate (5) that there are jobs in the national economy that the claimant can perform. Ferguson v. Schweiker, 765 F.2d 31, 37 (3rd Cir. 1985).
Jesurum, 48 F.3d at 117. The ALJ concluded that Plaintiff had the following severe impairments: L4-5 disc herniation, obesity and anxiety/depression, but determined at step three that he did not meet a listing (AR 13-15). The ALJ found that he was able to perform work at the sedentary exertional level, except he would need to alternate between sitting and standing at will, and was precluded from working in positions requiring close interaction with the general public (AR 15). At the final step, the ALJ concluded that Plaintiff could perform the jobs cited by the vocational expert at the administrative hearing (AR 20). The ALJ also determined that Plaintiff"s statements concerning the intensity, persistence and limiting effects of his symptoms were not entirely credible (AR 16). Again, I must affirm this determination unless it is not supported by substantial evidence. See 42 U.S.C. § 405(g).
I must first determine whether the evidence submitted to the Appeals Council, but not considered by the ALJ, dictates a remand. When a claimant seeks to rely on evidence that was not before the ALJ, the district may remand the case to the Commissioner if three requirements are met. Matthews v. Apfel, 239 F.3d 589, 593 (3rd Cir. 2001). First, the evidence must be "new," in the sense that it is not cumulative of pre-existing evidence on the record. Szuback v. Sec. of Health and Human Servs., 745 F.2d 831, 833 (3rd Cir. 1984). Second, new evidence must also be "material," meaning that it is "relevant and probative" and there is a reasonable possibility that the new evidence would have changed the outcome of the ALJ"s decision. Id. Moreover, implicit in the materiality requirement is that the new evidence "relate to the time period for which benefits were denied, and that it not concern evidence of a later-acquired disability or of the subsequent deterioration of the previously non-disabling condition." Id. Finally, "good cause" must be shown for not submitting the evidence at an earlier time. Id.
Plaintiff has failed to demonstrate a new evidence remand is warranted. While the records from Plaintiff"s emergency room visit on September 30, 2009, his MRI dated October 9, 2009, the treatment notes from Dr. Helgert dated November 23, 2009 and February 22, 2010, and Dr. Macielak"s opinion dated December 5, 2009 are "new" in the sense that they post-date the ALJ"s decision, these records are immaterial since they do not relate to the time period for which benefits were denied. See e.g., Harkins v. Astrue, 2011 WL 778403 at *1 n.1 (W.D.Pa. 2011) (holding that a new evidence remand was not warranted where records dated one month after ALJ"s decision did not expressly relate back to the relevant period); Range v. Astrue, 2009 WL 3448746 at *8 (W.D.Pa. 2009) (records that post-date the ALJ"s decision are immaterial since they do not relate to the time period for which benefits were denied); Anderson v. Comm'r of Soc. Sec., 2008 WL 619209 at *12 (D.N.J. 2008) (claimant not entitled to remand where records were dated after ALJ"s decision); Wilson v. Halter, 2001 WL 410542 (E.D.Pa. 2001) (medical reports relating to period of time after that addressed in the hearing are immaterial to the ALJ"s decision and therefore do not warrant remand), aff'd, 27 Fed. Appx. 136 (3rd Cir. 2002). In addition, the records relative to Plaintiff"s back impairment are merely cumulative of the evidence that was before the ALJ. See Szubak, 745 F.2d at 833.
Having concluded that a new evidence remand is not warranted, I direct my attention to Plaintiff"s arguments relative to the evidence that was before the ALJ.
Plaintiff first argues that the ALJ erred when assessing the severity of his physical and mental impairments at step two of the sequential evaluation process by failing to consider all of his diagnosed impairments, specifically, Dr. Macielak"s diagnosis of degenerative disc disease at L4-5 with retrolisthesis, and Ms. Howe"s diagnosis of major depressive disorder. At step two the ALJ determines whether the claimant has a medically severe impairment or combination of impairments. Bowen v. Yuckert, 482 U.S. 137, 140-41 (1987); Newell v. Comm'r of Soc. Sec., 347 F.3d 541, 546 (3rd Cir. 2003). An impairment or combination of impairments is severe if it significantly limits a claimant"s physical or mental ability to perform basic work activities. 20 C.F.R. §§ 404.1521(b); 416.921(b). The inquiry into whether an impairment is severe "is a de minimis screening device to dispose of groundless claims." Newell, 347 F.3d at 546; McCrea v. Comm'r of Soc. Sec., 30 F.3d 357, 360 (3rd Cir. 2004).
The ALJ concluded that Plaintiff had the severe impairments of L4-5 disc herniation, obesity and anxiety/depression, and proceeded with the sequential evaluation process wherein these diagnoses were considered. At step three, the ALJ evaluated Plaintiff"s back impairment under 1.04, disorders of the spine, which includes degenerative disc disease, and considered Plaintiff"s mental impairments under 12.04, affective disorders, which includes depressive syndromes. See 20 C.F.R. Pt. 404, Subpt. P, App. 1 §§ 1.04; 12.04. Accordingly, the ALJ"s failure to have mentioned these additional diagnoses at step two was harmless in this case. Salles v. Comm'r of Soc. Sec., 229 Fed. Appx. 140, 145 n.2 (3rd Cir. 2007) ("Because the ALJ found in [the claimant"s] favor at Step Two, even if he had erroneously concluded that some of [his] other impairments were non-severe, any error was harmless."); see also Barnett v. Astrue, 2008 WL 5114266 at *7 (W.D.Pa. 2008) (citing Lee v. Astrue, 2007 WL 1101281 at *3 n.5 (E.D.Pa. 2007)); Kreuzberger v. Astrue, 2008 WL 2370293 at *8 (W.D.Pa. 2008).
Plaintiff next argues that the ALJ erred at the third stage of the sequential evaluation process by offering no more than a conclusory finding with respect to whether his obesity, in combination with his other impairments, met and/or equaled the requirements of one of the listed impairments as set forth in 20 C.F.R. Pt. 404, Subpt. P, App. 1, citing Burnett v. Comm'r of Soc. Sec., 220 F.3d 112 (3rd Cir. 2000). In Burnett, the ALJ"s step three analysis consisted of the following discussion: "Although [Burnett] has established that she suffers from a severe musculoskeletal [impairment], said impairment failed to equal the level of severity of any disabling condition contained in Appendix 1, Subpart P of Social Security Regulations No. 4." Id. at 119 (alterations in original). The Third Circuit concluded that the ALJ"s statement was so conclusory that it impeded judicial review. Id. at 119-20. As a result, it remanded the case for a fuller explication of the reasoning supporting his determination. Id. Thereafter in Jones v. Barnhart, 364 F.3d 501 (3rd Cir. 2004), the Third Circuit stated that an ALJ is not required to "use particular language or adhere to a particular format in conducting his analysis." Jones, 365 F.3d at 505. The Court found that the ALJ"s step three analysis in Jones was sufficient under Barnett since the decision "as a whole" showed that the ALJ considered the appropriate factors in reaching the conclusion that the claimant did not meet the requirements for any listing. Id.
Although there is no specific obesity listing, Social Security Ruling ("SSR") 02-1p provides guidance for evaluating obesity-related claims. See SSR 02-1p, 2000 WL 628049. An individual with obesity may satisfy step three of the sequential analysis if obesity increases the severity of a coexisting impairment to the extent that the combination of impairments meets or equals the requirements of a listing. Id. at *5. An ALJ may not, however, make assumptions about the severity or functional effects of obesity combined with other impairments and must evaluate each case based on the information in the case record, since "[o]besity in combination with another impairment may or may not increase the severity or functional limitations of the other impairment." Id. at *6.
As previously stated, the ALJ specifically identified and considered Listing 1.04 with respect to Plaintiff"s lumbar spine impairments, and Listings 12.04 and 12.06 relative to his mental impairments (AR 14-15). In considering each of these Listings, the ALJ reviewed the symptoms required in order to meet each Listing, and in conjunction with the medical evidence of record, concluded that Plaintiff"s impairments did not satisfy a Listing (AR 14-15; 17-19). In making this determination, the ALJ acknowledged that Plaintiff"s obesity could increase the severity of coexisting or related impairments, and specifically stated the cumulative effects of obesity had been considered (AR 15). He concluded, however, that even with such consideration, "the evidence fail[ed] to meet the requirements of any listed impairment" (AR15).
Here, I find that the ALJ"s explanation satisfies the requirements of Burnett and Jones. See Poulos v. Comm'r of Soc. Sec., 474 F.3d 88, 93 (3rd Cir. 2007 (step three analysis satisfied requirements of Burnett where the ALJ reviewed the medical evidence and explicitly stated the Listing he was considering). Moreover, it is the Plaintiff who bears the burden of proving that his impairments meet or equal a listed impairment, see Adorno v. Shalala, 40 F.3d 43, 46 (3rdCir. 1994), and Plaintiff has failed to point to any medical evidence indicating that his obesity had a significant impact on his functional ability rendering him presumptively disabled.
Plaintiff further challenges the ALJ"s residual functional capacity ("RFC") assessment. ""Residual functional capacity is defined as that which an individual is still able to do despite the limitations caused by his or her impairment(s)."" Burnett, 220 F.3d at 121 (quoting Hartranft v. Apfel, 181 F.3d 358, 359 n.1 (3rd Cir. 1999)); see also 20 C.F.R. §§ 404.1545(a); 416.945(a). An individual claimant"s RFC is an administrative determination expressly reserved to the Commissioner. See 20 C.F.R. §§ 404.1546; 416.946. In making this determination, the ALJ must consider all evidence before him. Burnett, 220 F.3d at 121. Social Security Ruling ("SSR") 96-5p provides:
The assessment is based upon consideration of all relevant evidence in the case record, including medical evidence and relevant non-medical evidence, such as observations of lay witnesses of an individual"s apparent symptomatology, an individual"s own statement of what he or she is able or unable to do, and many other factors that could help the adjudicator determine the most reasonable findings in light of the evidence.
SSR 96-5p, 1996 WL 374183 at *5. The ALJ concluded that Plaintiff could perform work at the sedentary exertional level, except he would need to alternate between sitting and standing at will, and was precluded from working in positions requiring close interaction with the general public (AR 15). In making this determination, the ALJ stated:
[T]he above residual functional capacity assessment is supported by the overall evidence of record. Albeit the undersigned does not doubt that the claimant experiences some discomfort due to his back impairment and objective testing in December 2007 showed positive findings on the MRI (Exhibit 2F), his treatment modalities have all been very conservative in nature. A Physical Work Performance Evaluation in December 2007 revealed that Mr. Sopher is capable of performing work within the medium range (Exhibit 2F). Moreover, there have been no more than mild findings on examination (Exhibit 6F). (AR 18). While Plaintiff advances several arguments in support of his contention that the ALJ"s RFC determination is not supported by substantial evidence, I find his argument with respect to the ALJ"s credibility determination dispositive in this case.
An ALJ must consider subjective complaints by the claimant and evaluate the extent to which those complaints are supported or contradicted by the objective medical evidence and other evidence in the record. 20 C.R.F. §§ 404.1529(a); 416.929(a); see also Hartranft, 181 F.3d at 362. In addition to the objective medical evidence, Social Security Ruling ("SSR") 96-7p and the regulations provide that the ALJ should consider other factors, such as the claimant"s own statements, the claimant"s daily activities, the treatment and medication the claimant has received, any statements by treating and examining physicians or psychologists, and any other relevant evidence in the case record. See 20 C.F.R. §§ 404.1529(c); 416.929(c); SSR 96-7p, 1996 WL 374186 at *2. As the finder of fact, the ALJ can reject, partially or fully, subjective complaints if he finds them not credible based on other evidence in the record. See Baerga v. Richardson, 500 F.2d 309, 312 (3rd Cir. 1974). The ALJ is empowered to evaluate the credibility of witnesses and his determination is entitled to deference by this Court. See Van Horn v. Schweiker, 717 F.2d 871, 873 (3rd Cir. 1983).
The ALJ found the Plaintiff"s impairments could reasonably be expected to cause his alleged symptoms, but concluded that his statements concerning the intensity, persistence and limiting effects of his symptoms were not entirely credible (AR 16). Plaintiff argues that in making this determination, the ALJ ignored his "exemplary work record." See Plaintiff's Brief [ECF No. 7 p. 17]. A long and productive work history is an important factor in assessing credibility about pain and an inability to work. See Dobrowolsky v. Califano, 606 F.2d 403, 409-10 (3rd Cir. 1979). In Dobrowolsky, the claimant worked as a meat cutter, despite repeated hospitalizations for ischemia and coronary insufficiency. He was also diagnosed with degenerative disc disease, lumbosacral strain, cervical strain, sciatic neuritis, and hypertension. Id. at 403-04. Following his release from the hospital following an automobile accident, he attempted to work sporadically for another year. He testified at the hearing that recurrent pain prevented him from performing even light work. The Third Circuit stated: [T]estimony of subjective pain and an inability to perform even light work is entitled to great weight, particularly when, as here, it is supported by competent medical evidence. Moreover, when the claimant has a work record like Dobrowolsky"s twenty-nine years of continuous work, fifteen with the same employer, his testimony as to his capabilities is entitled to substantial credibility.
Dobrowolsky, 606 F.2d at 410; see also Taybron v. Harris, 667 F.2d 412, 415 n.6 (3rd Cir. 1981) (per curiam) ("when the claimant has worked for a long period of time, his testimony about his work capabilities should be accorded substantial credibility.").
In Sementilli v. Astrue, 2010 WL 521183 (W.D.Pa. 2010), this Court remanded the claimant"s case to the ALJ for reconsideration of the claimant"s credibility based on the ALJ"s failure to have discussed the claimant"s long work history in the context of his credibility determination. In so doing, we stated:
In Gates v. Astrue, 2008 U.S. Dist. LEXIS 64139 . (W.D.Pa. 2008), this Court remanded the claimant"s case to the ALJ for reconsideration of the claimant"s credibility due to the ALJ"s failure to have considered the claimant"s long and productive work history as a licensed practical nurse for 17 years and his attempts to work part-time after his injury, stating:
Gates previously worked for approximately 17 years as a licensed practical nurse, from 1985 until February 2002, when he ceased work due to his alleged impairments (AR 65-66; 96; 379; 429; 441). The Commissioner contends that the ALJ "clearly considered" this history because he "recognized" Gates" previous job as a licensed practical nurse and that he continued to work part-time during the period at issue. Defendant's Brief p. 14. The ALJ"s decision however, contains only a statement that Gates previously worked as a licensed practical nurse, and this observation was made in connection with his vocational analysis and not his credibility assessment (AR 24). See e.g., Reider v. Apfel, 115 F.Supp.2d 496, 507 (M.D.Pa. 2000) (finding that ALJ failed to properly address claimant"s work history and post-accident unsuccessful work attempts); Sidberry v. Bowen, 662 F.Supp.2d 1037, 1039-40 (E.D.Pa. 1986) (ALJ erred in ignoring claimant"s work history and efforts to hold down a job) Gates, 2008 U.S. Dist. LEXIS 64139 at *19-20 . . In Corley v. Barnhart, 102 Fed. Appx. 752 (3rd Cir. 2004), in refusing to remand a case based upon an ALJ"s failure to have commented on the claimant"s long and productive work history, the court observed:
Corley"s second argument is that the ALJ erred by failing to factor into the assessment of his credibility the fact that he had a long and productive work history. In support of this argument, Corley relies on cases in which courts have viewed the testimony of claimants with long and productive work histories as highly credible. However, in each of these cases, the claimant not only had a long and productive work history, but also showed evidence of severe impairments or attempted to return to work, and neither of these circumstances exist here. See e.g., D[o]browolsky v. Califano, 606 F.2d 403 (3rd Cir. 1979). Therefore, the ALJ did not err by failing to afford Corley heightened credibility based solely on his work history. Corley, 102 Fed. Appx. at 755 (emphasis added).
Sementilli, 2010 WL 5211183 at *8. Here, the objective medical evidence includes diagnostic studies demonstrating a herniated nucleus pulposis at the L4-5 level with mild central canal stenosis (AR 169-170; 186), and degenerative disc disease at the L4-5 level with retrolisthesis (AR 186). Plaintiff"s work history reveals that he had twenty-three consecutive years of earnings since 1984, and had worked as a blow mold technician for the same employer since October 1994 (AR 83-84; 110; 121). The administrative record, as well as Plaintiff"s testimony, reveals that he attempted to return to work after his back injury, working on and off until November 2007 (AR 35; 103; 106; 175). The ALJ"s decision, however, does not address this evidence in the overall credibility analysis. Accordingly, the matter will be remanded for further consideration in order for the ALJ to reevaluate Plaintiff"s credibility in light of his long work history and efforts to return to work. See Weber v. Massanari, 156 F. Supp. 2d 475, 486 (E.D.Pa. 2001) (case remanded for ALJ to reevaluate claimant"s credibility in connection with long work history); Reider v. Apfel, 115 F. Supp. 2d 496, 507 (M.D.Pa. 2000) (finding remand appropriate where ALJ failed to properly address claimant"s work history and post-accident unsuccessful work attempts); Bond v. Astrue, 2011 WL 710207 at *14 (W.D.Pa. 2011) (directing ALJ to consider on remand the plaintiff"s long work history in the context of his overall credibility determination); Schilo v. Astrue, 2010 WL 608018 at *9 (W.D.Pa. 2010) (finding ALJ"s failure to have addressed, inter alia, claimant"s long work history was error); Dunsmore v. Astrue, 2009 WL 1117299 at *7-8 (W.D.Pa. 2009) (remanding case for reevaluation of credibility in light of work history).
Given the Court"s remand, it is unnecessary to reach the remaining challenges to the ALJ"s RFC determination, since the ALJ will necessarily reconsider all of the evidence of record in his reevaluation of Plaintiff"s credibility.
For the reasons discussed above, the Defendant"s Motion will be denied and the Plaintiff"s Motion will be granted to the extent he seeks a remand for further consideration. The matter will be remanded to the Commissioner for further proceedings.*fn3 An appropriate Order follows.
Civil Action No. 10-184 Erie
WILLIAM E. SOPHER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
AND NOW, this 8th day of August, 2011, and for the reasons set forth in the accompanying Memorandum Opinion,
IT IS HEREBY ORDERED that Defendant"s Motion for Summary Judgment [ECF No.8] is DENIED, and Plaintiff"s Motion for Summary Judgment [ECF. No. 6] is GRANTED to the extent he seeks a remand for further consideration by the Commissioner. The case is hereby REMANDED to the Commissioner of Social Security for further proceedings consistent with the accompanying Memorandum Opinion.
The clerk is directed to mark the case closed.
Sean J. McLaughlin United States District Judge cm: All parties of record
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To microwave
Put meat on tray or a 5 litres (20 cup) glass or terra cotta dish.
Brush with molasses; salt and pepper.
Cover bones and any meat sticking out with bits of aluminium foil, dull side out.
Mix dry mustard with pineapple juice and water; pour around the roast.
Cover with Saran wrap, leaving a corner slightly uncovered to release steam.
Turn roast halfway through cooking and replace bit of aluminium foil.
Cook 45 minutes per kilogram (20 minutes per pound) as follows:
10 minutes at maximum (100%).
The rest of the time (under 20 minutes) at medium (50%).
The last 20 minutes at minimum (30%).
These light wines are characterised by their simple fruity aromas, the sensation of freshness they leave, and their unassuming structure. They must be consumed young.
Product categories: red wine, rosé wine.
© Société des alcools du Québec, 2007
Nicely exotic.
A medium-bodied beer with fruity, spicy accents to deliver a mildly sweet taste and a mild finish.
Make sure you are using only gluten-free cereals, flours and starches, and read the labels carefully when you buy these products.
Make sure you are using only lactose-free milk, yogurt, butter, cheese and other lactose-free 'dairy' products, and read the labels carefully when you buy these products.
Metro Richelieu inc. , its affiliated companies and affiliates are not responsible for any circumstance that should come up when using the suggested recipes. Each person using this site must check that each of the ingredients is allowed in his/her diet and is not part of his/her restricted foods.
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Vintage Swiss ladies diamond and sapphire wrist watch by Shreve & Co in platinum oval case set with diamonds and sapphires, restored original dial and 17 jewel movement, circa 1930.
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The apartment on the first floor of a building in a residential area near Porec. It consists of 2 bedrooms, large living room, kitchen/ dining room and a terrace. Has a parking place. Flat total area of 52.15 m² is situated on the first floor of the building with only five apartments that have the shared pool and tennis court.
Apartment Porec, on sale apartment. Distance from the center of Porec 5km
70,000 €
1,346 € /m²
Total area: 52 m² 1 separate bathroom
- Built in 2009
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Body Cream, Nº 46 Milk + Honey
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An important issue in realizing robots with stereo vision is the efficient control of the vergence angle. In an active robotic vision system the vergence angle along with the pan and tilt ones determines uniquely the fixation point in the 3D space. The vergence control involves the adjustment of the angle between the two cameras' axes towards the fixation… (More)
A novel digital image stabilization technique is proposed in this paper. It is based on a fuzzy Kalman compensation of the global motion vector (GMV), which is estimated in the log-polar plane. The GMV is extracted using four local motion vectors (LMVs) computed on respective subimages in the logpolar plane. The fuzzy Kalman system consists of a fuzzy… (More)
—The pose estimation from visual sensors is widely practiced nowadays. The pose vector is estimated by means of homographies and projection geometry. The integration of visual and inertial measurements is getting more attractive due to its robustness and flexibility. The cooperation of visual with inertial sensors for finding a robot's pose bears many… (More)
The ACROBOTER project aims to develop a radically new locomotion technology that can effectively be used in a home and/or in a workplace environment for manipulating small objects autonomously. It extends the workspace of existing indoor service robots in the vertical direction, whilst its novel structure allows covering the whole volume of a room. For the… (More)
Digital image stabilization (DIS) is the process that compensates the undesired fluctuations of a frame's position in an image sequence by means of digital image processing techniques. DIS techniques usually comprise two successive units. The first one estimates the motion and the successive one compensates it. In this paper, a novel digital image… (More)
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How do I put photographs on glass blocks? I would like to do this as gifts for family this year.
By KIA730 from Goshen, IN
There's a great website call thistothat.com that tells your how to glue one material to another. It has drop down menus that you select the one material, then another drop down for the second.
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As President Barack Obama prepares for his final State of the Union address this week, we get a preview of what to expect from NYU's Michael Waldman, former director of speech writing for President Bill Clinton.
As part of "Chasing The Dream," the multi-platform public media initiative on poverty and opportunity in America, we're joined by politician-turned-activist Christine Quinn to hear how she's working to give homeless women and children a new start.
We break down the details of Gov. Andrew Cuomo's call to overhaul Penn Station, and explain what President Barack Obama's new executive actions on gun control mean for you. Plus, we sia conversation with actor Jeff Daniels about his career, the value of picking up a book and that famous monologue from the HBO original series "The Newsroom."
How will President Barack Obama's new gun control measures impact us here? We discuss what the changes mean for local residents with Michael Waldman, author of "The Second Amendment: A Biography."
After Obama announces new steps aimed at curbing gun violence in the U.S., we will examine how the changes will impact residents in the tri-state region.
In the first of a two-part interview, outgoing New York Board of Regents Chancellor Merryl Tisch discusses the controversial Common Core standards. And as the final season of Downton Abbey gets underway, we chat with some of the show's biggest fans at a special Manhattan event. Plus, in our on-going "Listening In" series, we tune in to singer and songwriter Patti Smith at The New Yorker Festival.
In the first of a two-part interview, we look at our education system with outgoing New York Board of Regents Chancellor Merryl Tisch. Tonight, the former teacher discusses the controversial Common Core standards and explains why she thinks the changes are essential.
We catch up with fashion designer Betsey Johnson, a one-of-a-kind New York City personality. And we examine receivership, New York's plan to turn around under-performing schools. MetroFocus Reporter Andrea Vasquez takes us behind the scenes of a website that helps you peruse more than 1 million charities to locate the right organization for your donation. And we introduce you to Genevieve Piturro, whose company gives sleepwear to kids in poverty.
New York Post's theater columnist Michael Riedel takes on the history of Broadway in his new book, "Razzle Dazzle: The Battle For Broadway." New Jersey Capitol Report Anchor Steve Adubato explains how the gas tax can help fund New Jersey's road repair. And we hear from New York State Education Commissioner MaryEllen Elia about Common Core.


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PASSAIC - Investigators say they've uncovered a $1 million in counterfeit clothing ring in Passaic.
Authorities say fake designer clothes were being produced inside a warehouse in the 200 block of Fourth Street.
Jaun Ckim, who police say ran the illegal operation, turned himself in to police on the scene.
Investigators removed two large embroidery machines from the factory. They were so heavy, State Police had to use a crane to remove them from the second floor.State Police say some of the goods recovered from the factory include fake Ralph Lauren, Gucci, Lacoste and The North Face brands. At least 20,000 items were recovered.
Detectives executed a search warrant at the business on Thursday. Inside, detectives found the factory, fully operational. About 10 employees, sewing labels on fake designer clothes, were found inside. State Police say they are confident this bust will be a huge setback for counterfeiting in the area.


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Dunbarton Congregational Church
Third Saturday of the month at 7:30pm
6 Stark Highway North
Dunbarton, NH
Spireside is pleased to announce Nice & Naughty will perform on Saturday, June 18th. Nice & Naughty's original music speaks to all aspects of everyday life, from whimsical to poignant, serious to silly. Accompanied by stand-up bass, guitar and pennywhistle, their exquisite harmonies are the highlight of their performance. Sometimes irreverent, but never rude, they're sure to appeal to all audiences!
Band members Peg Chaffee and Cheryl Sager have been performing music for many years in various genres and bands. Their repertoire is eclectic; from touching and sentimental (nice) to saucy and suggestive (naughty). Audiences praise Nice & Naughty as "very talented and entertaining", and "great songwriters" with "wonderful harmonies". Welcome their guest guitar virtuoso, Neal Zweig, for an extra special evening of entertainment.
The Spireside is held on the third Saturday each month in the Dunbarton Church Vestry at 6 Stark Highway North. Open Mic signups begin at 7:00 PM welcoming musicians, poets and storytellers. Coffee, tea, soup and snacks are available. $5 suggested donation. For more information contact email@example.com See our website www.dccucc.org.
- reply to this commentJoyce Ray (6/2016)
We asked Steve Z to provide us with short blurb and this is what he sent us:
On Saturday Night, May 21 The Spireside Coffee House is (pleased) required to announce our Featured Performer will be Steve Z. For 30 years Mr. Z has been (entertaining) irritating Southern New Hampshire audiences with his interminable litany of sad songs. Blessed with a powerful voice that spans four octaves, of which he sings adequately in approximately one, Steve will (lament) blubber incoherently about one emotional calamity or another until clearer heads prevail and we chase him from the stage. So abandon all hope and join us for what is sure to be a delightful memorable evening, (if you're the kind of person who remembers root canals and tax audits.)
So we decided to write our own blurb instead:
Steve's original songs are well-written and his deep, smooth voice and his calm (and funny) stage presence blend to produce a great show. Known for writing about loss and heartache, he also has lighter, uplifting songs in his repertoire and the audience is always left wanting more when his performance is over. We love Steve and you will, too - so come on in to the Spireside for a listen on May 21st - see you there!
The Spireside is held in the Dunbarton Church Vestry at 6 Stark Highway North. Open Mic signups begin at 7:00 PM welcoming musicians, poets and storytellers. Coffee, tea, soup and snacks are available. $5 suggested donation. For more information contact firstname.lastname@example.com See our website www.dccucc.org
- reply to this commentJoyce Ray (5/2016)
- Sarah Jane Nelson to perform on Saturday September 19th
- reply to this commentJoyce Ray (8/2015)
- Kangaralien is feature on Saturday August 15
- reply to this commentJoyce Ray (8/2015)
- Don Watson singer/songwriter is featured artist June 20th.
- reply to this commentJoyce Ray (6/2015)


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NBC 6's Marissa Bagg has the latest on the incident Monday, where a woman was injured by at least one dog.
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NBC 6's Ari Odzer has bragging about another school this Monday - this time, a magnet school where students are showing off their art skills.


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Lyrics Depot is your source of lyrics to C.O.D. by AC/DC. Please check back for more AC/DC lyrics.
C.O.D. Lyrics
Artist: AC/DC
Album: For Those About To Rock We Sal
Call of a dog, cry of a bitch
Cream of a dream is the cause of the itch
Call of the doctor, cash on demand
If you get enough rope, might even hang
C.O.D. - care of the devil
C.O.D. - the devil in me
C.O.D. - care of the devil
Care of the devil in me
The curse of love is the cause of the pain
The crime of the day is when you do it again
Call of the doctor, cash on demand
If you give them a finger, they'll take off your hand
(Down to the devil with me)
Call of a dog, cry of a bitch
The sign of the sinner is the size of his itch
I'm paying, paying, I'm paying C.O.D.
Care of the devil, care of the devil in me
It's the curse of love
AC/DC Lyrics
AC/DC For Those About To Rock We Sal Lyrics
More AC/DC Music Lyrics:
AC/DC - Burnin' Alive Lyrics
AC/DC - DEEP IN THE HOLE Lyrics
AC/DC - DOG EAT DOG Lyrics
AC/DC - IF YOU WANT BLOOD (YOU'VE GOT IT) Lyrics
AC/DC - Rocker (Live) Lyrics
AC/DC - Touch Too Much Lyrics
AC/DC - Walk All Over You (Live In Paris) Lyrics
AC/DC - What Do You Do For Money Honey Lyrics


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From Rudy's foster Mom:
UPDATE ON RUDY'S SIGHT PROBLEMS: Rudy gets around very well, both inside and out. If I should change direction on him, for example while walking through the house when he is going the same direction heading for a treat or to go out, it takes him a second to catch on, and we may lightly bump, but he really is not handicapped very much at all. I have been cleaning the porch over several days, and leaving furniture, etc., in different places than normal. Doesn't faze him at all.
We still feel Rudy would need a fenced yard or should be on a leash at all times when he is outside
Rudy, I have been told, is a Deerhound. He apparently had been running loose for some time before making his way to my house. He is about three years old, and is a "Special Needs" dog, because he has a congenital eye disease called Mydriasis that has robbed him of some of his sight. The vet doesn't think he will lose any more. In spite of his problems, he gets around fairly well and off-leash he chooses to run, not walk. The other day, he was chasing flying bugs in the back yard! He also likes cats. His adoption donation is $150.00.
If you are interested in this pet, please go to apsofpc.org and fill out the non-binding Adoption Application. After we process it, we will contact you if your application is accepted.
Thank You!
Your message has been sent to ANIMAL PROTECTION SOCIETY OF PERSON COUNTY.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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Lemon-Basil Turkey Breast RecipeRead Reviews Be the first to add a review
- 6 medium carrots
- 3 celery ribs
- 2 medium onions
- 2 cups reduced-sodium chicken broth
- 1 cup water
- 1 cup minced fresh basil
- 2 tablespoons grated lemon peel
- 4 garlic cloves, minced
- 1/2 teaspoon salt
- 1/2 teaspoon pepper
- 1 bone-in turkey breast (5 to 6 pounds)
- 2 medium lemons, sliced
- Cut carrots and celery into 2-in. lengths; cut onions into wedges. Place in a roasting pan; add broth and water.
- In a small bowl, combine the basil, lemon peel, garlic, salt and pepper. With fingers, carefully loosen skin from the turkey breast; rub mixture under the skin. Secure skin to underside of breast with toothpicks. Place turkey breast over carrot mixture. Place lemon slices over skin.
- Bake, uncovered, at 325° for 2 to 2-1/2 hours or until a thermometer reads 170°, basting every 30 minutes. Cover loosely with foil if turkey browns too quickly. Cover and let stand for 15 minutes before slicing turkey. Serve with vegetables. Yield: 12 servings.
Originally published as Lemon-Basil Turkey Breast in Country Woman October/November 2010, p38
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Long Drop Earrings
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Created by Dennis Higgins
These earrings are 3" long and are horizontally engraved to add a rich visual texture. They are very light and easy to wear.
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A luminous explosion of zests followed by the soft freshness of aromatic herbs (sage and rosemary). It then leads to an impetuous and masculine note of patchouli and gaiac wood. This is a fragrance of fieriness and youth, vertigo and speed! Symbol of power and freedom, this piece of art sculpted in glass and metal is the ultimate accessory for a Techno Dandy
|Company Name
|123 Hair And Beauty
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|Mickledore Coach House BB4 8RS Rawtentstall
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
What is the Theory of Constraints?
There has been a continuous development of management from the time it was realized that it can be studied carefully to form a branch of knowledge and the individuals who had studied it generally performed better as managers than others who never spent time on the matter. The Theory of Constraints or TOC is basically a philosophy of management and improvement. The first person to draw the attention of the world to this was Eliyahu M. Goldratt and he brought it to the notice of others through his famous book, The Goal. The guiding principle behind this theory is that in any organization there exists a weak link, and this acts somewhat like a chain with a weak link. This tops the organization from performing even better than it is performing at any period of time. In short, it is important to remove the weak link for the organization to improve its performance. This involves a direct effort to try and find out the piece of weak link, as it must be found before it can be changed. This must be realized and the management must act accordingly. (What is the Theory of Constraints?)
There is a body of knowledge and different analytical tools and these are called the TOC thinking process. These are powerful as these processes come from our experience in the accurate sciences and have their base on rigorous, easily understood and cause and effect logic. These methods are useful in finding of development of breakthrough solution. This is bound to happen as the conflicts within all systems in practical life are a result of the unexamined assumptions that have been taken on when the organization first started running. These matters can be carefully studied and the results will provide benefits for every individual in the organization. The TOC thinking processes are to be taken as a whole and used for not only solving the problems that can be seen, but should also find out the solutions along with the needed communication and successful solutions of the changes in the system.
The solutions can be found for all existing areas of business and for this article we shall concentrate on some areas of business and those areas include production, project management, distribution, supplier relations and marketing. The study will try to provide some solutions for finding out customized generic solutions for these areas. When the solutions are taken individually, they can also be seen to increase communication and improve functions through solutions like win-win conflict resolution, idea evolution and feedback, team building and empowerment and delegation. (What is the Theory of Constraints?) The methods are important for all business and are not related to the particular business for which it was found.
Operations/Production Management - Speed, Reliability, and Capacity
Operations or production is an area where the TOC process has been applied in quite a few instances. There are some signs in performance of business that gives individuals an ideal that the business is suffering from these defects. The flaws in operation can be expressed as poor on time performance, long lead times for production, high inventory of cork in process or finished goods, payments of very high amounts of overtime, requirement in production of expediting and rescheduling in many instances, bottlenecks in different areas or in the same area of business, and a general reluctance by the production management to accept new business. These are a possible indication that the organization is not being properly managed as far as production is concerned. This is then a correct indication that an investigation in that area will be beneficial for the business. Of course there will be the necessity of implementing the change later. Just as it happens in the total business, even the operation of the production operation has its own limitations. When the production function is an important factor in the operation of the organization, then this matter has to be properly taken care of. In these organizations, the constraint on productivity is the restriction on the operation of the organization. This operation was first introduced in the affairs of business by the book, The Goal of Eli Goldratt. His approach to the management of production gave excellent results and the restrictions brought about by the constraint are known as "Drum Buffer Rope" and as "Buffer Management." (Operations/Production Management - Speed, Reliability, and Capacity)
Here drum is the constraint or set of constraints connected to the demand for the product in the market and that determines the beating of the drum in the plant. The explanation of buffer is the gap or time or inventory that makes it certain that the constraints in the operation ultimately do not cause a great hurt to the total system. Rope is the release of material from the organization and this is the item that ties up the other two elements which has been described. The three elements of drum, buffer and rope are the reasons for the establishment of production schedules and the general attempt will be to prepare a schedule that is not likely to be disturbed. This will also try to make sure that excess inventory is not carried and small batches are produced every time to ensure that the lead time for production of individual batches remain small.
Even with a lot of care being taken into the system of managing the operations through drum, buffer and rope, there are some disruptions that happen in certain instances. The control of these situations is then made with "Buffer Management." When the two methods are used together -- "Drum Buffer Rope" and "Buffer Management" the aim is to reach productivity which will be lean or ones with low inventory. At the same time, the production should be able to regularly supply material in time for 95% of the orders. The system should also reduce lead time by about 35 to 50% and inventory by around %0%. Since the planning is done correctly, it is expected also that there will not be much requirement for rescheduling or expediting of orders. (Operations/Production Management - Speed, Reliability, and Capacity)
Gathering data
To improve the operations as discussed above, there is requirement that data is collected from the area. This is not an easy task as two people can go to the same area and collect two different sets of data. The difference may be even in the time taken by the two, and the quality of the data that is collected. The aim of every organization is to be able to collect accurate data within the shortest possible time. The first question is the starting of gathering of data. The next important aspect is to maintain common sense while the data is being collected and the third is the recording technique that is used. There is also a great requirement to keep the data organized. In the working life of today, the processes of work are changing very rapidly. Electronics has been important for man for a long time, but now human beings have started to use it a lot more so that processes have started to move much faster. (Fact Gathering)
Earlier the computers were main frames and the control was with a few specialists, and there was not much change. Today, computers are very popular, and every person wants to use computers. The operators are now at the level of simple operators. This means that in companies which use computers, it is essential to collect data from the employees even at low levels. This is easy in some companies, but a lot of companies have never done it in the past. This depends on the attitude of the company as they view the employees to be assets at one stage and expenses when the revenue drops of the company. This is the reason why the answer to the first question of the employees has to be decided first, and that is why the company is collecting this information and what they were planning to do with the facts. If the aim is for a TOC exercise, then it is a matter which can be explained to the employees. They should not get an idea that some of them will be compelled to leave their job.
The problem is that often the data is being collected by people whom they do not know. This makes the employees suspect all future moves. This is especially true for new employees as they are not aware of the history of the organization. The suspicion among the employees is that these outsiders will use the information for different purposes. They may get the feeling that a lot of employees will be removed, and this is also reflected in the newspapers which are reporting downsizing by many organizations. Yet the methods of work cannot be changed without gathering of facts. The situation will only be worsened if there are rumors which are flying. This may affect…[continue]
"Theory Of Constraints" (2005, May 31) Retrieved December 10, 2016, from http://www.paperdue.com/essay/theory-of-constraints-64118
"Theory Of Constraints" 31 May 2005. Web.10 December. 2016. <http://www.paperdue.com/essay/theory-of-constraints-64118>
"Theory Of Constraints", 31 May 2005, Accessed.10 December. 2016, http://www.paperdue.com/essay/theory-of-constraints-64118
Benchmarking and Theory of Constraints (TOC) Benchmarking includes a lengthy history going back to the earlier era of evolution, as assessment has long been the heart and soul of winning. Or being able to respond rapidly as well as appropriately has additionally confirmed to be crucial in eliminating hurdles. Ever since then benchmarking has developed, however, it has been nonetheless a fundamental element of our daily lives. Put it simply, benchmarking
While teaching the course, Silver engages in open conversations with his students and they develop the concept of critical chain. The main idea is similar to that introduced in the Goal in the meaning of recognizing the existence of constraints and the necessity of reorganizing the firm in a means that its chances of attaining its goals are increased. What is however new is the realization of a connection
Customers often add cookies, potato chips and other items during this time of the transaction, further adding to delays and time constraints. The three avenues that the Sub-Shop could rely on for attaining higher levels of profitability include streamlining the throughput and production process, reducing operating expenses, and initiating a just-in-time inventory strategy to minimize inventory carrying costs while increasing freshness of ingredients. When all three constraints are optimized, customer
Theory & Context: Institutional Choice and Public Administration This brief study examines the writing of individuals such as Meier and Krause (nd), Meier (nd), Moe (2011) and others for the purpose of constructing knowledge of the theoretical framework and context of institutional choice and public administration. The normative theory is examined and how that theoretical bases can be viewed to run throughout the fabric of the various theories and models used
Eventually, the final project at Verizon was realized at its fullest scope. There was an elimination of the need for " a resource-draining, in-house application designed for keeping track of labels," and a "more tightly controlled promotion model that allows developers and managers to know that software builds and deployments are accurate and complete" was created (MKS: Case Study -- Verizon Wireless, 2004, MKS). Processes were subject to more standardization
In addition to this, the event chain methodology is used in counteracting the effects of different biases. This model also requires the use of Gantt charts. The thermostat model is a model of management control that is based on performance standards, performance measured at the output, and the difference between standards and measured values is used for correcting the process in order to reach the established standards (Koskela & Howell,
group facilitation organization using the theory of constraint as portrayed by Eliyahu Goldratt. It uses 3 sources in MLA format. The purpose of any management theory is to achieve maximum productivity out of limited resources. This could be done through process management and inventory management. There have been many studies conducted on this topic but Eli Goldratt provides a comprehensive background for management application. The reason being that he provides


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Kirsty Wark presides over the arts and culture jury as they pass judgement on The Look of Love, featuring Steve Coogan as porn baron Paul Raymond; Levels of Life, the new novel/memoir by Julian Barnes; and a major exhibition of photographs by Sebastião Salgado.
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The Look Of Love
Director Michael Winterbottom and actor and comedian Steve Coogan collaborate for the fourth time on a biopic about the life and significance of Paul Raymond, the notorious playboy publisher and nightclub impresario who became known as The King of Soho. Raymond – the founder of the Raymond Revue Bar and owner of Men Only magazine - made a fortune through his empires of X-rated entertainment and property, at one point being named by the Sunday Times as the richest man in Britain, but as this film shows, his private life was blighted by heartache and tragedy. Does The Look of Love - which spans four decades, from the 1950s to the 1980s - present us with a portrait of a pioneering entrepreneur who helped to liberalise conservative attitudes to sex in Britain, or a man whose empire paved the way for the introduction of ever more hardcore pornography?
Sebastião Salgado: Genesis
Brazilian photographer Sebastião Salgado has travelled to 32 countries over eight years to document landscapes and societies untainted by modern life. From the Grand Canyon to the Galapagos Islands and from Siberia to the Brazilian rainforest, the 200 images in Genesis capture landscapes, wildlife and peoples which Salgado regards as 'pristine'. Described as his 'love letter to the planet', does this exhibition - which is receiving its world premiere at the Natural History Museum - make us feel optimistic or pessimistic about the future of our environment? And will it prove as controversial as some of Salgado's previous projects, in which he was accused of glamourising subjects such as poverty and genocide?
Natural History Museum: Sebastião Salgado: Genesis
Image: © Sebastião Salgado/Amazonas/nbpictures
Saloua Raouda Choucair
Now in her 97th year, Lebanese artist Saloua Raouda Choucair is receiving her first major museum exhibition outside of Lebanon at Tate Modern. Beirut-based Choucair's paintings and sculptures present a unique abstract and modernist approach to the science and geometry of Islamic architecture, and the forms of Arabic poetry. Does this exhibition of 120 of Choucair's works introduce us to an important but often overlooked figure in international modernism, and does it prompt questions about the predominance of western art in our major gallery spaces?
Tate: What's On, Saloua Raouda Choucair
Image: © Saloua Raouda Choucair Foundation
Books: Levels of Life by Julian Barnes, Mom & Me & Mom by Maya Angelou
This month two major authors publish very different memoirs in which they recount the impact of a central figure in their lives. In Levels of Life Julian Barnes explores a deeply personal subject: the death of his wife, the literary agent Pat Kavanagh, five years ago. As is often the case with Barnes, this book is difficult to categorise: is it a love story, a handbook for grief or simply an autobiography?
Levels of Life by Julian Barnes
By contrast there's no mistaking Maya Angelou's book Mom & Me & Mom - a straightforward, powerful, memoir in which Angelou, known for her intimate accounts of her extraordinary life, finally discusses the previously elusive figure of her mother, Vivian Baxter. A figure of huge influence both to Angelou and to her wider community in California, on her death the local council named a park after Angelou's mother. But the mother-daughter relationship was far from simple.
#aiww: The Arrest of Ai Weiwei
Tackling themes of censorship and free speech, The Arrest of Ai Weiwei is a new play by critically-acclaimed playwright Howard Brenton. Based on real events, the play revolves around the imprisonment of the controversial Chinese artist and activist in 2011. Best known in Britain, for his 100-million sunflower seed installation at Tate Modern and the Bird's Nest Olympic Stadium in Beijing, Ai Weiwei is an outspoken critic of the authoritarian regime of his homeland, China and often uses his art to comment on politics. A portrait of the artist in extreme conditions, the play explores the power of art to catalyse change in society.
Analogue Versus Digital
In our digital age it would be easy to think that vinyl records, along with Polaroid cameras and cassette tapes, are all formats consigned to the technological dustbin. But the tangible experience of the LP, with the distinctive scratch of needle on vinyl, unique album artwork and ordered tracklist has attracted a new generation of collectors and audiophiles. On the annual Record Store Day, musicians, independent record store owners and music lovers, gather to celebrate a unique musical experience and the beloved vinyl disc.
British Sea Power
Brighton-based band British Sea Power are firm favourites on the festival circuit. Their first album, released almost ten years ago, sold in excess of 60,000 copies, and earned them the Time Out Live Band of the Year Award. Their third album, Do You Like Rock Music?, earned the band a Mercury Prize nomination, and they've just released their fifth album, Machineries of Joy. Tonight they perform a track from that new disc as well as some music from their soundtrack to Penny Woolcock's new film about the British coastline, From the Sea to the Land Beyond.
|Kirsty Wark
|Executive Producer
|Pauline Law
|Jenny MacLeod


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decided: July 6, 1976.
COMMONWEALTH OF PENNSYLVANIAv.JOHN LOUIS HUNTER, APPELLANT
Anthony S. Federico, Harrisburg, for appellant.
Marion E. MacIntyre, Second Asst. Dist. Atty., Harrisburg, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Pomeroy, J., filed a dissenting opinion. Jones, C. J., and Eagen, J., dissent.
[ 468 Pa. Page 8]
Appellant pled guilty to a charge of voluntary manslaughter and was sentenced to a prison term of six to twelve years. He appealed to this Court from a denial of his petition for post-conviction relief.*fn*
An examination of the colloquy reveals that the trial judge failed to explain to appellant the nature and elements of the charges against him. Because this failure rendered the plea legally involuntary, we reverse appellant's
[ 468 Pa. Page 9]
judgment of sentence. Commonwealth v. Minor, 467 Pa. 230, 356 A.2d 346 (1976); Commonwealth v. Schork, 467 Pa. 248, 356 A.2d 355 (1976); Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974).
Reversed and remanded for a new trial.
POMEROY, Justice (dissenting).
Appellant's challenge to the validity of his plea of guilty to voluntary manslaughter, as set forth in the brief of his counsel, is directed solely to the adequacy of the assistance he received from trial counsel. The sufficiency of the colloquy which preceded appellant's guilty plea is thus not properly before this Court, and the Court errs in granting appellant relief on the ground that the colloquy does not meet the standards set forth in Commonwealth v. Ingram, 455 Pa. 198, 316 A.2d 77 (1974). See Phillips Home Furnishing, Inc. v. Continental Bank, 467 Pa. 43, 354 A.2d 542 (1976); Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256 (1975).
Moreover, even if appellant's brief is to be read as raising non-compliance with Ingram as an issue in this appeal, it is my view that he should not prevail. For the reasons set forth in my dissenting opinion in Commonwealth v. Minor, 467 Pa. 230, 240-241, 356 A.2d 346, 351 (1975), I believe that the Ingram standards should not be applied retroactively to invalidate guilty pleas, such as the one in the instant case, which were entered before Ingram was decided.
The trial court found appellant's attack on his counsel's performance in connection with the entry of the plea of guilty, as set forth in the petition for post-conviction relief, to be "utterly without merit". I find this appeal to be in the same category. Hence my dissent from the grant of a new trial.
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