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Court of Appeals of New York
June 11, 2013
In the Matter of Norman E. ROTH et al., Appellants,v.CITY OF SYRACUSE et al., Respondents. (And Other Proceedings.).
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[Copyrighted Material Omitted]
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[972 N.Y.S.2d 162]
Hancock Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for appellants.
D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando, Bradley E. Keem and Elizabeth deV. Moeller of counsel), and Mary Anne Doherty, Corporation Counsel (Shannon M. Jones of counsel) for respondents.
New York State Conference of Mayors and Municipal Officials, Albany (Jane E. Tsamardinos of counsel), and Association of Towns of the State of New York (Michael E. Kenneally, Jr., of counsel) for New York State Conference of Mayors and Municipal Officials and another, amici curiae.
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[995 N.E.2d 124] In this Real Property Tax Law article 7 proceeding challenging the tax assessments of certain residential properties located in Syracuse, New York, petitioner contends that the trial court erred by failing to consider the impact of contamination— specifically, lead paint— upon the market value of the properties. We hold that petitioner failed to rebut the presumption of validity that attaches to the tax assessments of the properties by the City of Syracuse. That is, petitioner failed to proffer substantial evidence demonstrating a diminution in market value to his properties caused by the mere presence of lead paint.
In this action, petitioner challenges the valuation by the City's Board of Assessment Review of five single-family, five-bedroom houses near Syracuse University used as rental housing for local college students. Petitioner commenced an RPTL article 7 proceeding to challenge the tax assessments of each property for the years 2001-2004, alleging that the City had overvalued the homes by a total of $825,000 over the four-year period. Specifically, petitioner alleges that the property valuations did not account for the adverse effect that the presence of lead paint would have [995 N.E.2d 125] [972 N.Y.S.2d 163] upon market value.[1]
At the nonjury trial, on these consolidated proceedings, petitioner presented the expert testimony of G. Richard Kelley, a licensed real estate appraiser who concluded that the fair
Page 415
market value of the properties had been negatively impacted by the presence of lead-based contaminants. Based upon an inspection of the properties, and pertinent income and expense data, Mr. Kelley adopted an income capitalization method that determines market value based upon a property's ability to generate income. Under this approach, Mr. Kelley first determined the hypothetical non-contaminated market values of the five properties. Mr. Kelley then relied upon the testimony of other witnesses, certified environmental testing companies and contractors hired by petitioner, who had examined the interiors, exteriors and soil of the five properties in 2008, and had positively confirmed the presence of lead-based contaminants. Those witnesses had proposed the approximate remediation and construction costs that would be incurred to remove the lead paint conditions from each property. Reducing the non-contaminated market values of the properties by their respective " cost to cure" figures, Mr. Kelley concluded that each of the five properties had a market value of $1 for each year from 2001-2004.[2] Petitioner, however, continues to profit from the rental income generated by the five properties. Further, the lead paint conditions have not been abated, and therefore, no remediation costs have been incurred.
The City's expert, William J. Kimball, a licensed real estate appraiser, determined the market value of the five properties using both a sales comparison approach and an income capitalization method. Under both methods, however, Mr. Kimball concluded that the mere presence of lead paint, without more, did not diminish the market value of the five properties. Local property owners and brokers indicated that lead-based paint would have no adverse effect upon either the sales of the properties or their continued profitable use as student rental housing. Furthermore, City witnesses testified that absent evidence of flaking, chipping or peeling paint, lead paint did not present a hazardous condition.
Supreme Court denied the petition. As an initial matter, the court struck Mr. Kimball's appraisal reports, and trial testimony
Page 416
pertaining to those reports, because he failed to include supporting documentation required under 22 NYCRR 202.59(g)(2), namely, the income and expense statements for the properties for the years in question. Nevertheless, the trial court concluded that Mr. Kimball's testimony challenging petitioner's appraisal reports would stand. On the merits, Supreme Court held that " [p]etitioner ha[d] failed to meet its burden of proof that for any of the years in question the subject properties are overvalued or that the assessments are incorrect." The court rejected Mr. Kelley's appraisals, finding that the reports' use of income and expense figures was unreliable, as evidenced by " large variance[s] in year to year expenses" that " raises red flags." Thus, [995 N.E.2d 126] [972 N.Y.S.2d 164] finding that petitioner's expert " lack[s] credibility for a number of reasons," Supreme Court determined that petitioner had failed to satisfy his burden to demonstrate that the City overvalued the properties for tax assessment purposes.[3]
The Appellate Division unanimously affirmed for the reasons stated in Supreme Court's decision ( 78 A.D.3d 1590, 910 N.Y.S.2d 727 [4th Dept.2010] ). This Court granted petitioner leave to appeal, pursuant to CPLR 5602(a)(1)(ii), from a judgment (denominated order) of Supreme Court that granted petitioner's motion to voluntarily discontinue its remaining claims with respect to other properties in these RPTL article 7 proceedings, bringing up for our review the prior nonfinal Appellate Division order (19 N.Y.3d 806, 950 N.Y.S.2d 105, 973 N.E.2d 203 [2012] ). We now affirm.
It is well settled that property " [a]ssessments shall in no case exceed full value" (N.Y. Const., art. XVI, § 2). The ultimate goal of property valuation in any tax proceeding " is to arrive at a fair and realistic value of the property involved" ( Matter of Great Atl. & Pac. Tea Co. v. Kiernan, 42 N.Y.2d 236, 242, 397 N.Y.S.2d 718, 366 N.E.2d 808 [1977] ) so that " all property owners contribute equitably to the public fisc" ( Matter of Allied Corp. v. Town of Camillus, 80 N.Y.2d 351, 356, 590 N.Y.S.2d 417, 604 N.E.2d 1348 [1992] ).
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In an RPTL article 7 proceeding, a rebuttable presumption of validity attaches to the valuation of property made by the taxing authority ( see Matter of FMC Corp. [ Peroxygen Chems. Div.] v. Unmack, 92 N.Y.2d 179, 188, 677 N.Y.S.2d 269, 699 N.E.2d 893 [1998] ). Thus, a petitioner challenging the accuracy of a tax valuation has the initial burden to rebut the presumption by introducing substantial evidence that the property was overvalued ( see
Matter of Bass v. Tax Commn. of City of N.Y., 179 A.D.2d 387, 387, 578 N.Y.S.2d 158 [1st Dept.1992] [" The presumption of validity of an assessment by the taxing authority is rebutted where, as here, credible evidence to the contrary is received" ];
Matter of FMC Corp., 92 N.Y.2d at 188, 677 N.Y.S.2d 269, 699 N.E.2d 893 [a " petitioner (must) demonstrate the existence of a valid and credible dispute regarding valuation" ]; see also
Matter of Alexander's Dept. Store of Val. Stream v. Board of Assessors, 227 A.D.2d 549, 550, 642 N.Y.S.2d 940 [2d Dept.1996] [" The burden of proof is upon the taxpayer to establish, by substantial evidence, that the property was overvalued for taxation purposes" ] ). Only where the petitioner meets this burden and rebuts the presumption must the court " weigh the entire record, including evidence of claimed deficiencies in the assessment, to determine whether petitioner has established by a preponderance of the evidence that its property has been overvalued" (
Matter of FMC Corp., 92 N.Y.2d at 188, 677 N.Y.S.2d 269, 699 N.E.2d 893).
Here, petitioner failed to proffer substantial evidence demonstrating that the presence of lead paint resulted in a [995 N.E.2d 127] [972 N.Y.S.2d 165] diminution or devaluation in the market value of the five properties for the tax years 2001-2004. Relying primarily upon Matter of Commerce Holding Corp. v. Board of Assessors of Town of Babylon, 88 N.Y.2d 724, 649 N.Y.S.2d 932, 673 N.E.2d 127 (1996), petitioner argues that the presence of lead paint and the attendant costs to cure lead-based contaminants should be factored because " the assessment of property value for tax purposes must take into account any factor affecting a property's marketability" ( id. at 729, 649 N.Y.S.2d 932, 673 N.E.2d 127). In Commerce Holding, the taxpayer, Commerce Holding Corp., owned a parcel of land marred by severe subsurface environmental contamination caused by toxic leakage from industrial metal plating operations that occurred on the premises. As a result of the contamination, the property was designated a Superfund site pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), making Commerce Holding strictly liable for cleanup costs ( see id. at 727-728, 649 N.Y.S.2d 932, 673 N.E.2d 127). Consequently, Commerce Holding contended that the tax assessors " should have reduced the assessed property value to account for environmental contamination" ( id. at 728, 649 N.Y.S.2d 932, 673 N.E.2d 127). We agreed, remarking that to the extent it impairs market value, " contamination
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must be considered in property tax assessment" ( id. at 729, 649 N.Y.S.2d 932, 673 N.E.2d 127). However, we also made clear that the effect of environmental contamination or hazards should be considered only if the " environmental contamination is shown to depress a property's value" ( id. at 729, 649 N.Y.S.2d 932, 673 N.E.2d 127; see also Criscuola v. Power Auth. of State of N.Y., 81 N.Y.2d 649, 652, 602 N.Y.S.2d 588, 621 N.E.2d 1195 [1993] ). Here, notwithstanding the alleged presence of lead paint during the tax years 2001-2004, the five properties continued to generate rental income for petitioner, and he did not otherwise demonstrate that the presence of lead-based contaminants depressed the market value of the five properties.[4] This is unsurprising, as petitioner did not discover the lead contamination until 2008, so neither he nor his renters were aware of any lead-based contaminants on the properties during the relevant period.
The fact that Supreme Court struck the City's appraisal reports because of a procedural deficiency does not, contrary to petitioner's argument, require a finding in his favor. Petitioner bears the ultimate burden to rebut the presumption [995 N.E.2d 128] [972 N.Y.S.2d 166] of validity accorded to the tax assessments issued by the City. To carry his burden, petitioner must show that the market value of the properties was diminished by the presence of lead paint, not its mere existence. To hold otherwise would permit a taxpayer to avoid his or her fair share of the tax burden, while, as in petitioner's case, reaping the benefits of a rental market that is unaffected by the presence of the contaminant without having incurred any costs to remediate or abate the lead-based conditions.
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Where the trial court declined to credit petitioner's appraisal reports, and the record does not demonstrate a diminution in market value caused by environmental contamination or hazards, petitioner failed to meet his burden and there is no basis to disturb the presumption of validity in the City's favor.
Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs.
Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge ABDUS-SALAAM taking no part.
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Explora Imagem, Portugal e outros!
Resultado de imagem para uma familia inglesa
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Re: HOCKEY GENERAL
rramsdell wrote:
Jeremy Jacobs, is killing the season. His name is all over this.
Very true.
Re: HOCKEY GENERAL
latest article...no games until dec 30th either way.
Re: HOCKEY GENERAL
Today's meetings have no owners present. Only Gary Bettman and Deputy Commissioner Bill Daly.
Maybe they told the owners to stay away. That might be a good thing. Here's hoping.
Re: HOCKEY GENERAL
Re: HOCKEY GENERAL
What a waste!
Re: HOCKEY GENERAL
rramsdell wrote:
Never trust anyone in a suit.
Very true, very true.
Re: HOCKEY GENERAL
I think the player reps should show up to the meetings in full gear, minus the skates of course.
If the players are truly interested in playing, it would show some enthusiasm and conviction.
Sadly, I don;t think the players care about playing on this one. With Donald Fehr, I think just winning the argument is all they want. Sorry boys, there is NO Cup awarded for winning a CBA argument.


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Beer Batter
Total Time
Prep 10 mins
Cook 0 mins
I have not tried this recipe. I got this recipe from 1st Traveler's Choice Internet Cookbook. Sea Point Condominium #66 at Torrey Pines Beach Vacation Rental Del Mar, San Diego, California Specialty Recipe. Use for chicken breast, fingers or nuggets.
Ingredients Nutrition
- 1 1⁄3 cups all-purpose flour
- 1 teaspoon salt
- 1 teaspoon pepper
- 1 tablespoon melted butter or 1 tablespoon oil
- 2 egg yolks, beaten
- 3⁄4 cup flat beer
- 2 egg whites, stiffly beaten
- Combine flour, salt, pepper, butter or oil, and egg yolks.
- Add beer gradually, stirring constantly.
- Cover and let sit for 3 to 12 hours, then add egg whites.
- Coat chicken in mixture and fry.


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When you're an entrepreneur, a weekend date to the local state park isn't your typical sight seeing adventure.
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3 Bedrooms Detached House for sale
A modern detached house set within easy reach of the town centre and is offered for sale still in show home condition. three bedrooms, en-suite and cloakroom. driveway parking for…
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Does this activity require advanced planning, ticketing or reservations?
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A challenging layout with great risk reward opportunities. The service team on the course offers high quality service, and they are golf smart.
I really enjoy playing this course. The fairways are wide open. The greens are big, and the view of the Charleston harbor is fantastic. such a great place to play a round of golf. The 17th hole is a beauty. As stated in the course literature "an island green poised in the Charleston Harbor with sweeping vistas of Fort Sumter,...
For a public course it was very well set up. A really interesting course with tight fairways that benefit the straight hitter but even off line the rough isn't too severe. The greens were in great condition and the ball ran true.
Although the short 17th with the island green is very picturesque and you have to be accurate off...
My husband and I had a 9am tee time and we're excited about playing this course. It's one of the few that are right next to the ocean and has views of the Cooper River Bridge. The course was currently getting repaired because of bad weather they previously had. We knew going into it that there would be temporary greens...
Quite a nice golf course in a beautiful setting but the track is unplayable . Greens have had a disease and are in terrible state. You can't putt on these things. Not worth playing. Should be closed to reseed the greens.
Patriot's Point offers a free round on your birthday. I don't really WANT to complain because it was free, but I feel compelled to share my experience devoid of emotion.
1. Booking my tee time was good.
2. When I arrived, I was informed the greens were not in good shape.
3. All employees were friendly and helpful
4. When...
Played this course after the masters. Went with my grandson. This course left a lot to be desired for the cost. The fairways were very wavy and the greens real slow. The ranger approached us to pick up our speed and there was no one waiting behind us at all. He seemed to have issues with his title. Not my...
I visited my old homestead in Charleston recently and was excited to get back on this course. So I set a tee time for 8:00 Sunday for two. I had played this course several times previously over the last 5-6 years and enjoyed it. I consider it more of a "resort" style course since it is fairly open and fairly...
Played this course on a VERY windy day so even though the course in fairly open, the wind made it very challenging. The greens seemed like they had not been cut in many days. They looked more like scaggy outdoor carpet than a golf course green. And there were no restroom facilities except at the clubhouse.
There are many solid options for public golf courses in the Charleston area, with Patriot's Point certainly in that group. Patriot's Point is a perfect combination of a scenic, well maintained track run by a pleasant and helpful staff. Greens fees and food and bev prices are reasonable. I have hosted many friends visiting town and when we reach the...
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The Chicago-based technology company more than doubled its headcount and tripled its office space after securing its first round of outside funding in September.
The United States exported higher amounts of beef and pork in terms of volumes and value in October compared to a year prior, but lamb exports were on the decline.
The group sent a letter to the President-elect, praising his recognition of the need for infrastructure investment and making suggestions on how to improve the economic competitiveness of the nation's multimodal freight network.
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Electronics manufacturer Samsung said in court filings that "cargo owners are being held hostage," while Maher Terminals said it "is not required to extend free credit to Hanjin, and should not be forced to."
Patrik Berglund, chief executive officer of Oslo-based ocean freight rate intelligence platform Xeneta, said Hanjin Shipping's insolvency has "turned the market on its head," but the real question is "how long will this last?"
The parcel giant signed a 10-year lease with the Port Authority of New York and New Jersey for a 20,625-square-foot building adjacent to FedEx and UPS facilities at Stewart International Airport.


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
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...San Andreas Fault is a major fault line running through most of California. Tectonic movement along the fault has caused massive earthquakes, including the San Francisco earthquake of 1906. The Hayward Fault in the San Francisco Bay Area and the San Gabriel fault zone in metropolitan Los Angeles have produced several major earthquakes, though the destructive quake centred in the Los Angeles...


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Having unwanted fat in various areas of your body can have a considerable effect on your health and self-esteem. While conventional weight-loss through exercise and diet is a fantastic method to drop weight overall, even the best exercises can't target issue areas like the belly, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is used to remove excess fat from particular locations of the body, enabling a specific to shape and contour their body to their taste. Is liposuction right for you? Discover now.
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• Recovery time is usually quickly. The downtime needed after having this type of treatment is normally much less than what is required for other types of cosmetic treatments, consisting of tummy tucks, breast reduction, and more. People who have had the procedure can frequently go back to work far more quickly than they anticipated and can return to living a healthy, active way of life.
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Cons of Liposuction
Prior to having actually liposuction done, it is necessary to analyze the prospective disadvantages of the treatment and figure out if the benefits surpass the dangers in your specific case. Your specialist can help you learn more about the risks associated with the treatment and can assist you decide if progressing is the right thing for you.
• Complications with general anesthesia. Due to the fact that liposuction is performed under basic anesthesia, the treatment carries the same dangers as other kind of surgery where general anesthesia is utilized. Underlying medical conditions may enhance these threats.
• Unfavorable reactions. Bruising, bleeding, and discomfort are all to be expected, however, in rare cases can trigger more substantial problems.
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Although there are dangers related to liposuction, for many individuals, the advantages far exceed them. Inform yourself about the treatment by having in-depth conversations with your surgeon and think about how liposuction has the potential to impact you as a distinct person. Only you and your specialist can determine if liposuction will offer you with the results you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Echo Lake California
Laser liposuction is a newer, minimally invasive treatment that involves heating the fat cells to melting point and eliminating the melted fat through a small cannula. The procedure is generally done right in your physician's workplace and is an exceptional option for individuals who have less than 500 ml of fat to remove from any one area. Laser liposuction can be a safe, complementary procedure to weight loss in order to sculpt the body you've constantly desired.
Contact a Specialist in your Echo Lake California today.If you're thinking about liposuction as a weight reduction solution, it is necessary that you discuss your desires with a qualified cosmetic surgeon in your location. Your cosmetic surgeon will perform a total exam and health history questionnaire to identify if liposuction can benefit you and help you reach your physical and emotional goals. Call today for an examination and find out more about how liposuction can help you attain the body of your dreams.


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April 1, 2011
RHONDA ZARZECKI, PLAINTIFF,v.COMMISSIONER OF SOCIAL SECURITY,DEFENDANT.
I. Introduction
Plaintiff Rhonda Zarzecki applied for a period of disability and disability insurance benefits on January 11, 2007 (Tr. 14). The Social Security Administration denied the application initially and again upon reconsideration.Plaintiff filed a timely written request for a hearing before an administrative law judge ("ALJ"), and the hearing was held on January 7, 2009. By decision dated March 27, 2009, the ALJ found that plaintiff was not entitled to disability insurance benefits because she was not disabled as defined in the Social Security Act at any time beginning on or before December 31, 2005 (Tr. 20). Plaintiff's request for review by the Appeals Council was denied on October 27, 2009 (Tr. 1). Thus, the ALJ's decision became the final decision of the Commissioner. 20 C.F.R. § 416.1481; Skarbeck v. Barnhart, 390 F.3d 500, 503 (7th Cir. 2004). Plaintiff now seeks judicial review of the Agency's final decision pursuant to 42 U.S.C. § 405(g). Plaintiff also seeks reasonable attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). For the reasons set forth below, plaintiff's complaint is DENIED with prejudice.
II. Background
Plaintiff Rhonda Zarzecki was born on September 20, 1966 (Tr. 14). She is a high-school graduate and married mother of three children (Tr. 26, 33). At the time of the hearing before the ALJ, plaintiff was 42 years old (Tr. 25). When she applied for disability insurance benefits and supplemental security income on January 11, 2007, plaintiff asserted that her disability commenced on July 28, 2002 (Tr. 14). But at the hearing before the ALJ, plaintiff amended the date of her alleged onset of disability to August 22, 2005 (Tr. 60).
Plaintiff lists fibromyalgia, depression, neck and leg pain, bladder problems, irritable bowel syndrome, and frequent migraines as her disabilities (Tr. 154). She claims that her illnesses and injuries prevented her from returning to work on July 28, 2002. Plaintiff's most significant work history is from 1990--99 when she worked as a dental assistant (Tr. 155). Her other experience includes work as a retail clerk, nanny, and front-desk receptionist. Plaintiff was last insured on December 31, 2005 (Tr. 14).
A. Medical Records Prior to Plaintiff's Date Last Insured
On September 9, 1998, plaintiff saw Dr. Henry E. Mattis, a cardiologist, for chest pain and palpitations (Tr. 233). He diagnosed her with mitral valve prolapse; however, the condition remained untreated until 2002 when he prescribed Atenolol, a beta blocker.
Plaintiff saw Dr. Mattis again on July 22, 2002, for complaints of left-arm numbness and left-upper-chest discomfort, described as "heaviness" (Tr. 233). She complained that she had heart palpitations the previous Saturday and Sunday and was having shortness of breath and a noted cough. At that time plaintiff was supposed to have been taking 50mg of Atenolol in the morning and another 25mg in the evening, but she was only taking 25mg twice per day. Plaintiff's last stress test was performed in 1998, and it was "clinically and electrocardiographically negative for ischemia" (Tr. 233). An echocardiogram completed on February 1, 2002, was normal except for mitral valve prolapse. Dr. Mattis increased her Atenolol to 50mg in the morning and 25mg in the afternoon, and put her on a Holter monitor to track her heart rate (Tr. 233).
On July 27, 2002, plaintiff was admitted to the hospital for palpitations, chest pain, and arm numbness (Tr. 252). At that time she was still taking Atenolol for her mitral valve prolapse and Wellbutrin for depression. She reported that the Wellbutrin caused her to have heart palpitations. Dr. Prasad Kandula recommended that plaintiff have a cardiac catheterization, which she later refused. Dr. Panduranga Kini performed an MRI of the head and neck and did not find anything abnormal in the MRI of the brain. She was discharged two days later and told to stay on her current medications and to follow up with Drs. Mattis and Kini in two weeks (Tr. 252).
On August 14, 2002, plaintiff saw Dr. Kini for a follow-up visit (Tr. 262). She presented with stiffness in her leg and tightness in her hands. She complained of feeling fatigued and tired all the time, and stated that she had felt this way since a young age. Plaintiff complained that her fatigue had gotten worse since her father died a few years ago. Dr. Kini noted that plaintiff "feels as if she is having fibromyalgia" (Tr. 262). Dr. Kini contemplated switching plaintiff to Corguard because of her fatigue and tiredness, but Dr. Mattis later instructed plaintiff to remain on Atenolol because Corguard would make her more drowsy (Tr. 262, 239).
On October 22, 2004, plaintiff first saw Dr. Hageman for complaints of dysuria, frequent urination, irritable bowel syndrome, fibromyalgia, and mitral valve prolapse (Tr. 274). He noted a history of mitral valve prolapse, irritable bowel syndrome, fibromyalgia, and other conditions.
On April 22, 2005, plaintiff saw Dr. Hageman again for treatment of stomach pain, poor appetite, and dark stools (Tr. 273). Dr. Hageman diagnosed her with gastritis, irritable bowel syndrome, and fibromyalgia and prescribed Bentyl, Citricil, and Prevacid.
On August 22, 2005, plaintiff returned to Dr. Hageman for treatment of depression symptoms, including insomnia, moodiness, and lack of appetite (Tr. 272). Dr. Hageman noted she had been treated for depression before. He prescribed Zoloft. Plaintiff saw Dr. Hageman again on December 21 for symptoms related to sinusitis. The medical records note a diagnosis of sinusitis and depression. Sudafed and Lexapro were prescribed (Tr. 271).
B. Medical Records After the Date Last Insured
On February 3, 2006, plaintiff saw Dr. Edward Rose, a rheumatologist, with symptoms of joint pain, bladder problems, irritable bowel syndrome, mitral valve prolapse, and insomnia (Tr. 304). Dr. Rose noted that plaintiff's mother has fibromyalgia. His examination of plaintiff was normal, except for tenderness in all points tested. Dr. Rose commented, "Mrs. Zorzecki [sic] thinks she has fibromyalgia, and I suspect she is correct. . . . She seems quite cooperative and knowledgeable about this diagnosis and may be a good candidate for Provigil, which is said to help the fatigue part of this disease" (Tr.304).
On March 3, 2006, plaintiff had a follow-up with Dr. Mattis (Tr. 236). The medical records note that plaintiff had a history of mitral valve prolapse, atypical chest pain, and palpitations. Dr. Mattis further noted that plaintiff had a remarkable history of fibromyalgia and her muscle aches and pains were relieved by Ultracet. "She has done well over the past couple of years from a cardiac standpoint. She gets occasional palpitation and takes low dose beta blocker for a week or so and the [sic] is off of it" (Tr. 236). Dr. Mattis noted that he would continue her current medical regimen and see her for a follow-up in one year.
On May 23, 2006, plaintiff saw Dr. Murray D. McGrady for severe recurrent headaches, photophobia, nausea, and vomiting (Tr. 289). She complained that the headaches caused her to stay in bed all day, and the symptoms subsided within one or two days. Plaintiff had not had a headache in six weeks. She commented that she had a history of migraines. Dr. McGrady prescribed Imitrex for the headaches and told plaintiff he would refer her to a neurologist if the Imitrex did not ease her headaches.
On September 17, 2007, plaintiff saw Dr. Julius Clyne, a psychiatrist, for symptoms of depression (Tr. 374). The medical records indicate that plaintiff was taking Cymbalta, Ultracet, Lorzapam, and iron supplement. Dr. Clyne noted that plaintiff had been diagnosed with fibromyalgia in 2002 and had a history of mitral valve prolapse. Then on September 28 plaintiff visited Dr. Clyne again (Tr. 372). He diagnosed her with major depression and prescribed Cymbalta and Ativan.
Plaintiff returned to Dr. Clyne on January 17, 2008 (Tr. 387). He noted that she had not been taking Ultracet and was taken off her antidepressant medication. The following day Dr. Clyne prepared a medical source statement of plaintiff's mental ability to do work-related activities (Tr. 378--80). He rated her "fair" or "poor to none" in all areas of mental occupational, performance, and personal-social adjustments. He attributed these findings to fibromyalgia and major depression. Plaintiff saw Dr. Clyne for follow-up appointments on May 11 and July 8, 2008 (Tr. 385--86). Dr. Clyne noted that she was taking her prescribed medications and was not suicidal. Dr. Clyne renewed his medical source statement on July 8 and again on December 23, 2008 (Tr. 382, 412).
C. The ALJ Hearing
Plaintiff appeared for a hearing before ALJ Edward Pitts on January 7, 2009.
She was represented by attorney Scott W. Dixon. Vocational expert Dr. John F. McGowan testified by telephone (Tr. 3).
The ALJ explained to plaintiff that because she was last insured at the end of December 2005 he would only consider medical conditions and medical treatment that occurred before that time (Tr. 34). Plaintiff then testified that she had sought treatment in 2002 from cardiologist Dr. Henry Mattis for mitral valve prolapse (Tr. 34). She testified that she was given Atenolol for treatment of the condition and did not require surgery or a beta blocker. When asked whether she had suffered any side effects from taking Atenolol, plaintiff stated that it made her drowsy but that she tolerated the medication "fine."
Plaintiff testified that she began seeing Dr. Matthew Hageman, her primary doctor, in October 2004 (Tr. 36). At first, she saw Dr. Hageman for treatment of her cold symptoms. Between 2004--05 he began to treat her for irritable bowel syndrome. Plaintiff stated that she had suffered from symptoms of irritable bowel syndrome for years, e.g., nausea, stomach pain, bloating, and diarrhea, but she did not know what was causing the symptoms (Tr. 37--38). Plaintiff said her symptoms progressively became worse between 2004--05 (Tr. 38). At one point her symptoms were so severe that she saw a stomach specialist and underwent a colonoscopy (Tr. 37, 39). Plaintiff testified that some days she had to remain close to a restroom at all times (Tr.39).
Plaintiff said she had been suffering from headaches since 1994 (Tr. 40). The ALJ acknowledged that he was in possession of post-2005 medical records pertaining to headaches, but asked plaintiff to recall the severity of her headaches prior to 2005. When asked if she suffered from common migraine symptoms, such as being confined in a room and not being able to do anything for an entire day, plaintiff answered affirmatively (Tr. 39, 40). She testified that in 2005 she suffered from migraines several times per month (Tr. 41).
Plaintiff said she first sought treatment for depression in 1996 (Tr. 42). In August 2005 Dr. Hageman prescribed Zoloft for her. But she only took the Zoloft for two-and-a-half or three weeks because it made her very drowsy and unable to get out of bed (Tr. 43). Thus she then began to use an unknown medication to treat her depression symptoms.
At the end of 2005, Dr. Hageman referred plaintiff to Dr. Rose so that she could be tested for fibromyalgia (Tr. 44). Plaintiff testified that after the second visit with Dr. Rose he prescribed Ultracet for her fibromyalgia. She reported that Ultracet "helps a lot" with her symptoms (Tr. 45).
Plaintiff began to testify about her arthritis symptoms, but the ALJ commented that the medical records pertaining to her arthritis post-date 2005 (Tr. 46). At that time, all discussion of plaintiff's arthritis ceased.
Plaintiff's attorney then directed the ALJ's attention to plaintiff's current migraine symptoms (Tr. 46, 47). Plaintiff stated that it is typical for her to stay in bed until 1:00 p.m. (Tr. 49). The ALJ questioned her about her recent treatment with Dr. Julius Clyne, the psychiatrist. Plaintiff testified that Dr. Clyne had been treating her for anxiety and depression (Tr. 47). She stated that she suffered from weekly crying spells that were just as severe then as when Dr. Hageman saw her in 2005. She also stated that medication had helped with the severity of her symptoms, and she was suffering from the crying spells once or twice a month (Tr. 48). She testified that at times she became depressed, felt like a bad mother, and would cry.
When asked why she could not return to any of her previous jobs in 2005, plaintiff testified that her symptoms prevented her from sitting and standing for long periods of time and that she regularly suffered from hip pain, drowsiness, and unhappiness (Tr. 49--50). She stated that she was unable to do recreational activities such as going to the zoo or on vacation (Tr. 50).
Dr. McGowan, a vocational expert, also testified at the hearing (Tr. 51). Dr. McGowan did not ask any questions of plaintiff; rather, he discussed the specific vocational preparation of plaintiff's previous positions as a retail sales clerk, receptionist, nanny, and dental assistant (Tr. 51--53). The ALJ asked Dr. McGowan to consider a hypothetical 42-year old with a high-school diploma and the same work experience and limitations as plaintiff (Tr. 54). Dr. McGowan testified that such a person may be able to perform plaintiff's past position as a front-desk attendant, but he expressed some concern because that position entails dealing with the public, which may not be low stress. Dr. McGowan opined that other assembly-type jobs or a position as a mail clerk might be appropriate for someone with plaintiff's background, experience, and limitations (Tr. 55--56). Plaintiff's attorney then asked whether Dr. McGowan's opinion would differ if the ALJ were to find plaintiff's complaints credible regarding her depression, migraine headaches, and limitations due to the side effects of her medications (Tr. 57). Dr. McGowan testified that if plaintiff would have had to miss work as often as twice per week some weeks or up to four days per month because of her severe depression, frequent headaches, or other medical impairments, she would have been unemployable (Tr. 58).
After a discussion with her attorney, plaintiff amended her date of disability to August 22, 2005 (Tr. 58--60).
D. The ALJ's Decision
The ALJ rendered a decision denying benefits on March 27, 2009 (Tr.14--20).
In his decision, the ALJ determined that: (1) plaintiff met the special earnings requirement of the Act as of August 22, 2005, the alleged onset of disability, and continued to meet them through December 31, 2005, but not thereafter; (2) plaintiff had not engaged in substantial gainful activity since August 22, 2005; (3) plaintiff had several medically determinable impairments through December 31, 2005, namely mitral valve prolapse, depression controlled by medication, and possible early-onset irritable bowel syndrome and/or fibromyalgia; (4) allegations made by plaintiff, her husband, and sister of impairments producing symptoms and limitations of sufficient severity to prevent the performance of any sustained work activity for a continuous period of at least twelve months beginning on or before December 31, 2005, were not credible; (5) through December 31, 2005, plaintiff had only slight abnormalities that did not significantly affect the performance of any basic work related activities, and therefore she did not have a severe impairment as defined in 20 C.F.R. § 404.1521; and (6) plaintiff was not under a "disability" as defined by the Act at any time beginning on or before December 31,2005 (Tr. 19--20).
In reaching this decision, the ALJ weighed the medical records in evidence, plaintiff's testimony, and the written statements of plaintiff's husband and sister (Tr. 17--21). The ALJ afforded little weight to plaintiff's allegations of physical impairments, noting that no doctor who treated plaintiff prior to 2006 "stated or implied that she was disabled or totally or seriously incapacitated" (Tr. 17). The ALJ remarked that plaintiff had not exhibited most of the signs typically associated with chronic, severe musculoskeletal pain, such as: muscle atrophy, persistent or frequently recurring muscle spasms, obvious or consistently reproducible neurological deficits (motor, sensory, or reflex loss) or other signs of nerve-root impingement, significantly abnormal x-rays or other diagnostic tests, positive straight-leg raising, inflammatory signs (heat, redness, swelling, etc.), or bowel or bladder dysfunction (Tr. 18). No doctor had placed plaintiff on specific long-term limitations on her ability to stand, sit, walk, bend, lift, carry, or perform other basic exertional activities (Tr. 17). To the extent that plaintiff's activities were restricted, the ALJ concluded that they were restricted only by her personal choice and not by a physician's directive (Tr. 18). Plaintiff had never had regular medical attention or treatment, only treatment for acute medical problems or alleged symptoms as they arose (Tr. 17). Nor were there any documented surgeries or in-patient hospitalizations, other than the one in 2002, that led to any long-term limitations or complications. The ALJ commented, "[w]hatever adverse side effects the claimant had at various times were in all instances eliminated or at least greatly diminished by simple changes in either the type of medication or the size and/or frequencies of dosages" (Tr. 18).
The ALJ concluded that before 2006 there was no evidence that plaintiff had a mental impairment or combination of mental impairments that met or medically equaled one of the listed mental impairments listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1 (Tr. 18). The ALJ noted that plaintiff's ability to think, understand, communicate, concentrate, get along with other people, and handle normal work stress were never significantly impaired for any long-term basis. There was no documented serious deterioration in her personal hygiene or habits, daily activities or interests, effective intelligence, reality contact, thought processes, memory, speech, mood and affect, attention span, insight, judgment, or behavior patterns (Tr. 18). Additionally, plaintiff had never been referred for formal treatment to a psychiatrist, psychologist, or other mental-health professional before December 31, 2005 (Tr. 18).
The ALJ considered written statements from plaintiff's husband and sister, dated 2007, about plaintiff's alleged symptoms and physical limitations (Tr. 18). Yet "to the extent that they can be interpreted as commenting on the claimant's medical condition before 2006," he concluded they were inconsistent with the preponderance of medical evidence and were not credible. Thus because there was no credible evidence of plaintiff having even a moderate inability to perform mental activities of daily living or of maintaining social functioning, the ALJ concluded that plaintiff did not have mental limitations in her ability to do basic work activities (Tr. 18--19).
III. Discussion
A. Social Security Guidelines
To receive disability benefits, a plaintiff must be disabled. A disabled person is one whose physical or mental impairments result from anatomical, physiological, or psychological abnormalities that can be demonstrated by medically acceptable clinical and laboratory diagnostic techniques and that prevent the person from performing previous work and any other kind of substantial gainful work existing in the national economy. 42 U.S.C. §§ 423(d)(1)(A) & (2)(A), 1382c(a)(3)(B) & (D).
The Social Security regulations provide for a five-step sequential inquiry for determining whether a plaintiff is disabled. 20 C.F.R. §§ 404.1520, 416.920. The Commissioner must consider in sequence: (1) whether the plaintiff is currently employed and doing substantial gainful activity, (2) whether the plaintiff has a severe medically determinable physical or mental impairment or combination of impairments, (3) whether the impairment meets or equals one listed by the Commissioner, and whether it meets the duration requirement, (4) whether the plaintiff has the residual functional capacity to return to doing his or her past work, and (5) whether the plaintiff is capable of making an adjustment to some other type of work available in the national economy. Id.
If the Commissioner finds that the plaintiff is disabled or not disabled at any step, the evaluation process stops. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). If there is an affirmative answer at either step three or five, then there is a finding of disability. Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 352 (7th Cir. 2005). At step three, if the impairment meets any of the severe impairments listed in the regulations, the impairment is acknowledged by the Commissioner. § 404.1520(a)(4)(iii); 20 C.F.R. Pt. 404, Subpt. P, App. 1. However, if the impairment is not so listed, the Commissioner assesses the plaintiff's residual functional capacity, which in turn is used to determine whether the plaintiff can perform past work under step four or any other work in society under step five. § 404.1520(e). The plaintiff bears the burden of proof on steps one through four, but the burden shifts to the Commissioner at step five. Briscoe ex rel. Taylor, 425 F.3d at 352.
B. Standard of Review
Under the Social Security Act, a court must sustain the Commissioner's findings if they are supported by substantial evidence. 42 U.S.C. § 405(g). Substantial evidence is "more than a mere scintilla" of proof. Richardson v. Perales, 402 U.S. 389, 401 (1971); Butera v. Apfel, 173 F.3d 1049, 1055 (7th Cir. 1999). The standard is satisfied by "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." An ALJ need not address every objective finding in the record for his judgment to be supported by substantial evidence; the ALJ "need only build a bridge from the evidence to his conclusion." Sims v. Barnhart, 309 F.3d 424, 429 (7th Cir. 2002) (quoting Green v. Apfel, 204 F.3d 780, 781 (7th Cir. 2000)). Further, the Seventh Circuit urges "a commonsensical reading" of a plaintiff's medical history, "rather than nitpicking at it." Johnson v. Apfel, 189 F.3d 561, 564 (7th Cir. 1999). Nevertheless, an ALJ's decision "cannot stand if it lacks evidentiary support or an adequate discussion of the issues." Lopez ex. rel. Lopez v. Barnhart, 336 F.3d 535, 539 (7th Cir. 2003) (citing Steele v. Barnhart, 290 F.3d 936, 940 (7th Cir. 2002)); Carradine v. Barnhart, 360 F.3d 751, 756 (7th Cir.2004).
The deferential substantial-evidence standard applies, inter alia,to findings regarding credibility. Zurawski v. Halter, 245 F.3d 881, 887 (7th Cir. 2001) ("The ALJ's credibility determinations generally will not be overturned unless they were 'patently wrong.'" (quoting Powers v. Apfel, 207 F.3d 431, 435 (7th Cir. 2000))).
The court will consider the entire administrative record but will not "reweigh evidence, resolve conflicts, decide questions of credibility, or substitute [its] own judgment for that of the Commissioner." Lopez ex. rel. Lopez, 336 F.3d at 539 (quoting Clifford v. Apfel, 227 F.3d 863, 869 (7th Cir. 2000)).
IV. Analysis
The issues presented are (1) whether the ALJ improperly rejected Dr. Julius Clyne's source statement that post-dated plaintiff's date last insured; (2) whether the ALJ erred in finding plaintiff's statements not credible because he insufficiently analyzed the side effects of medication; and (3) whether the ALJ's determination that plaintiff did not suffer from a severe mental and physical impairment was based on substantial evidence.
A. January 2008 Source Statement from Dr. Clyne
Plaintiff argues that the ALJ improperly rejected Dr. Julius Clyne's January 18, 2008, source statement, even though it was made well after plaintiff's date last insured. Dr. Clyne's statement rated plaintiff's mental ability to do work-related activities (Tr. 378--80). He rated her "fair" or "poor to none" in all areas of mental occupational, performance, and personal-social adjustments, attributing these limitations to her fibromyalgia and major depression. First, plaintiff argues that the ALJ "improperly assumed" that Dr. Clyne's findings in the source statement could not relate to the time period prior to December 31, 2005, even though her underlying conditions of depression and fibromyalgia had been diagnosed during that time. Second, plaintiff argues that the ALJ should have sought additional information about the time period to which Dr. Clyne's opinions applied. And third, plaintiff argues that the ALJ failed to follow applicable regulations for weighing the medical opinions of treating physicians.
While the ALJ considered Dr. Clyne's 2008 source statement, he emphasized that it was not relevant to any time period before September 2007, when plaintiff first saw Dr. Clyne. In coming to that conclusion, the ALJ reviewed the medical records and observed that plaintiff's depression was noted as far back as 2002, but that only medication was prescribed for it. No physician referred plaintiff for formal treatment to a psychiatrist, psychologist, or other mental-health professional. And plaintiff had never required psychiatric hospitalization or similar intervention.Finally, plaintiff's first consultation with a psychiatrist came almost two years after her date last insured. Thus even though Dr. Clyne diagnosed plaintiff with major depression, there was no indication that her symptoms were as severe at any time earlier. So it was not an improper assumption to discount the source statement. The ALJ reviewed the evidence in the record and found that the source statement was not relevant.
Second, plaintiff argues that if the ALJ required clarification about the time period to which Dr. Clyne's opinions applied, he should have sought out Dr. Clyne and asked him (Doc. 19, p. 13). Plaintiff says the ALJ has a "duty to investigate the facts," citing Sims v. Apfel, 120 S. Ct. 2080, 2085 (2000). But there is no suggestion that Dr. Clyne intended his source statement to apply to plaintiff's condition at any earlier time. The evidence was not inadequate, so the ALJ was under no obligation to contact Dr. Clyne regarding the scope of his opinion. Skarbek v. Barnhart, 390 F.3d 500, 504 (7th Cir. 2004) ("An ALJ need recontact medical sources only when the evidence received is inadequate to determine whether the plaintiff is disabled.") (citing 20 C.F.R. § 404.1512(e)). Based on the evidence, the Court finds that the ALJ reasonably concluded that Dr. Clyne's 2008 source statement was not corroborated by contemporaneous objective medical evidence concerning plaintiff's mental health before her date last insured. See Eichstadt v. Astrue, 534 F.3d 663, 667 (7th Cir. 2008) (it was not error for the ALJ to discount medical evidence post-dating the date last insured).
Plaintiff also argues that the ALJ erred by not following applicable regulations when he assessed the weight to be given to Dr. Clyne's medical opinion (Doc. 19, p.14). For instance, an examining source generally receives more weight than a nonexamining source, 20 C.F.R. § 404.1527(d)(1); a source who has treated the patient generally receives more weight than do reports from individual examinations, § 404.1527(d)(2); and additional weight is generally given if the source has treated the patient for a longer period of time and more times, § 404.1527(d)(2)(i). The Seventh Circuit has stated that "[a] treating physician's opinion is entitled to 'controlling weight' if it is 'well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with other substantial evidence.'" Campbell v. Astrue, 627 F.3d 299, 306 (7th Cir. 2010) (citing Larson v. Astrue, 615 F.3d 744, 749 (7th Cir. 2010)). So when an ALJ discounts the opinion of a treating physician, he must articulate good reasons for doing so. Luster v. Astrue, 358 Fed. App'x 738, 740 (7th Cir. 2010) (citing 20 C.F.R. § 404.1527(d)(2)).
Here, Dr. Clyne was a treating physician. Nevertheless the ALJ provided good reasons for discounting his medical opinion. The ALJ explained that he would only consider medical conditions that had occurred before the end of December 2005 (Tr.34). As previously stated, the ALJ noted that plaintiff had not been referred to a psychiatrist nor consulted one herself until September 2007. She had never required any psychiatric hospitalization. He also remarked that Dr. Clyne completed the mental residual functional capacity assessment form after noticing that plaintiff had not been taking her pain medication. By a few months later, however, plaintiff was taking her medication again and demonstrated a "much more stable mental status." Based upon the evidence, the Court finds that the ALJ's decision to discount Dr. Clyne's 2008 medical assessment is supported by substantial evidence. The ALJ need only build a bridge from the evidence to his conclusion, and he has done so.
B. Credibility Assessment
Plaintiff argues that the ALJ erred in finding that plaintiff's statements were not entirely credible because he insufficiently analyzed the side effects of plaintiff's medications (Doc. 19, p. 14). In assessing credibility, the ALJ must consider the objective medical evidence plus the seven factors identified in 20 C.F.R. § 404.1529(c)(3), including plaintiff's daily activities, the characteristics of her symptoms, and the effects of any medications she is on. Johnson v. Barnhart, 449 F.3d 804, 806 (7th Cir. 2006); SSR 96-7p. The ALJ also must consider any inconsistencies in the record. § 404.1529(c)(4).
As stated above, the Court evaluates the ALJ's credibility findings under a highly deferential standard. Zurawski, 245 F.3d at 887. This Court will only set them aside if they are patently wrong. Id. A court should conclude that a credibility determination is patently wrong only when it "lacks explanation or support." Elder v. Astrue, 529 F.3d 408, 413--14 (7th Cir. 2008).
Plaintiff points to her hearing testimony where she testified that Atenolol and Zoloft made her drowsy. She contends that the ALJ briefly mentioned a side effect from a medication for mitral valve prolapse in 2002 but otherwise did not analyze the issue. The Court disagrees. The ALJ's decision demonstrates that he considered the side effects of medications, among the other factors he weighed in the credibility findings. Specifically, the ALJ commented, "[t]here is no documented record of any significant, uncontrollable adverse side effects from medications the plaintiff took. Whatever adverse side effects the plaintiff had at various times were in all instances eliminated or at least greatly diminished by simple changes in either the type of medication or the size and/or frequencies of the dosages" (Tr. 17--18).
The ALJ also analyzed plaintiff's daily activities and noted that no doctor had placed her on specific long-term limitations on her ability to stand, sit, walk, bend, lift, carry, or perform other basic exertional activities. To the extent plaintiff's activities were limited, the ALJ concluded it was only by personal choice, not by physician's directive. In addition, the ALJ considered written statements from plaintiff's husband and sister, dated 2007, about her alleged symptoms and physical limitations. But he found them inconsistent with the preponderance of the medical evidence, "to the extent that they can be interpreted as commenting on the [plaintiff's] medical condition before 2006, . . ." (Tr. 18).
Considering the highly deferential standard by which the Court is to review the credibility findings, the Court finds the ALJ's explanation of the medical records and other factors related to the side effects of plaintiff's medication was adequate to support his credibility finding.
C. ALJ's Evaluation of Plaintiff's Mental and Physical Condition
Plaintiff contends that the ALJ did not have substantial evidence for his conclusion that her mental and physical impairments, namely her depression, headaches, fatigue, and fibromyalgia were not severe. She argues that each of these conditions was well documented before December 31, 2005, and therefore the ALJ should have found that they were severe impairments.
An impairment or combination of impairments is severe if it significantly limits a plaintiff's physical or mental disability to do basic work activities. 20 C.F.R. § 404.1521; SSR 85-28; Maggard v. Apfel, 167 F.3d 376, 378 (7th Cir. 1999). Basic work activities are defined as the "abilities and aptitudes necessary to do most jobs." § 404.1521(b). Examples include: walking, standing, sitting, lifting; seeing, hearing, and speaking; understanding, carrying out, and remembering simple instructions; and responding appropriately to supervision and usual work situations. § 404.1521(b). On the other hand, an impairment or combination of impairments is not severe when "medical evidence establishes only a slight abnormality or a combination of slight abnormalities which would have no more than a minimal effect on an individual's ability to work . . . ." SSR 85-28.
As to her mental condition, plaintiff cites various notations in her records from July 2002 through December 2005 diagnosing depression and prescribing Zoloft, Wellbutrin, and Paxil (Doc. 19, pp. 16--17). She reargues that Dr. Clyne's source statement documents her limitations. She had also testified to having all-day crying spells once or twice per month. Indeed the ALJ agreed that plaintiff suffered from depression, but he determined that it was only a "slight abnormality not significantly limiting the performance of any basic work activities" (Tr. 17). Plaintiff had not sought out psychological or psychiatric health treatment until seeing Dr. Clyne in 2007. She had no history of hospitalizations or out-patient treatment for mental-health problems. She had no restrictions of mental activities of daily living or of maintaining social functioning. And she had no recorded or credible instances of deficiencies of concentration, persistence, or pace resulting in her failure to complete tasks in a timely manner in work settings or elsewhere (Tr. 17, 18). Thus there was no indication in records before 2006 that her depression was severe enough to significantly limit her physical or mental disability to do basic work activities. The Court finds that the ALJ's determination regarding plaintiff's mental impairments is supported by substantial evidence.
As to her physical condition, plaintiff argues that the ALJ erred in determining that her headaches, fatigue, and fibromyalgia were not severe medical impairments. She relies on medical records in 2002, 2004, and 2005 that demonstrate she suffered from symptoms related to fibromyalgia, fatigue, and headaches. And there was hearing testimony that headaches would limit her ability to function on a daily basis. The ALJ reviewed plaintiff's medical records and noted that none of the doctors who treated plaintiff before 2006 had stated or implied that she was disabled or incapacitated. He remarked that "no doctor placed any specific long-term limitations on the plaintiff's abilities to stand, sit, walk, carry, or do other basic exertional activities." Nor was plaintiff ever referred "for physical therapy or to any pain clinic or pain disorders specialist for treatment." The Court finds therefore that the ALJ's determination that plaintiff had no severe medically determinable impairment or combination of impairments before her date last insured is supported by substantial evidence.
V. Conclusion
Based on the foregoing, the Court finds that the ALJ's decision, concluding that plaintiff Rhonda Zarzecki was not disabled, is supported by substantial evidence on the record as a whole. Plaintiff's complaint (Doc. 3) is therefore DENIED with prejudice. The Agency's decision is affirmed and judgment will be entered for the defendant.
David R. Herndon Chief Judge United States District Court
Digitally signed by Date: 2011.04.01 13:28:12 -05'00'
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2004 Buick Park Avenue Sedan 4dr Sedan (3.8L 6cyl 4A)
Hi I love my 2004 Buick Park Avenue!!!! I really love everything about it!!!! There is nothing bad to say about the Buick Park Avenue!!!! I would say its a affordable Cadillac!!!!
Acquired this car five years ago, and have been totally pleased ever since. Fits my tall frame well, and is so comfortable to drive, whether in town or on the interstate, smooth riding, easy handling. Have even considered getting a second one, just to have available. Did put aluminum wheels on when the original chrome wheels began to peel a bit = that resulted in even better handling. Buick would be well advised to produce an anniversary edition in commemoration of the introduction of this model. The highway mileage is great for a luxury car of its vintage. Want to keep it forever. My son wants it after that.
Bertha, the white Buick - is now at 214,000 miles and still going strong. It's very solid - inside and out. It's a shame that GM disc. the 6 cyl. 3800 series motor b/c now - Bertha might be replaced with a crossover and they don't have those motors anymore - only smaller V6's. I have never done any kind of major repair - only maintenance, in fact - not as I should have. As long as one does regular minimum maintenance, This car is unstoppable!
Very roomy interior - very roomy trunk - you could fit at least a couple of large men in there :), seriously, I have put two bales of hay in the trunk, large TV's in the back. Interior is simple - easy. The seats adjust to any which way you want and are very cushy. Plenty of leg room for everyone.
The car seems to "wander" some on the highway and the suspension seems just a little too loose for my liking. Great for floating - but not so great for commuting with a bunch of Type A's on the highway. Also, Perhaps sitting up a little higher would help when one lives out in a rural area.
2004 Buick Park Avenue Sedan Ultra 4dr Sedan (3.8L 6cyl S/C 4A)
This is our second Park Ave and its the best luxury car for the money. I tried to talk my wife into looking at other cars, but as you know Ultras are getting harder to find. She test drove several, but nothing compares.
Supercharger and sunroof
Overhead controls are flimsy, need more support.
Great ride and handling! Very good
Heads up display.
None - great vehicle!
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Is this your favourite store?No, let's find my favourite store
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Combine marinade ingredients.
Add thighs to marinade, refrigerate for 1 - 2 hours.
Preheat barbecue to medium.
Or preheat oven to 375°F (190°C).
Remove thighs from marinade.
Place on the hot grill. Cook for 10 minutes, reduce heat to low, and cook thighs for another 10 minutes, turning them often.
Place thighs in a baking dish.
Bake 30-35 minutes or until chicken is cooked through.
The thighs are cooked when the juices run clear and their internal temperature reaches 170°F (77°C).
Remove skin before serving.
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.
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When business owners are shopping for a small business credit card, I encourage them to look for one that does not report the account on their personal credit reports. This helps separate your business and personal credit, and protects your personal credit scores from any damage if you carry a balance on that account.
Capital One is one of the top issuers of small business cards, and until recently, did not report business credit card account information to personal credit reporting agencies. (That's unless you default – almost all will appear on your personal reports if you can't pay.) But Capital One has changed its policy and has begun reporting those accounts to the three major personal credit reporting agencies, Equifax Experian and Trans Union. That means small business credit cards now appear just the same as personal cards on business owner's credit reports.
If you carry little debt on your Capital One small business credit card and pay the bills on time, this change may not affect your credit scores, and may even help. But if your business, like many, is experiencing cash flow issues and carries a high balance relative to the credit limit, this account can hurt your credit scores. That's true even if you pay on time.
Keep in mind that your ratio of balances to credit limits on your credit cards (your utilization ratio) is an important factor when calculating your credit scores. Ideally you want to keep your card balances at 10% or less of your available credit. That doesn't leave you with a lot of room to spend or revolve, and will be especially hard on business owners who have seen other access to credit dry up.
As we all know by now, if your credit score dips, your other card issuers may drop your credit limits or raise your rates for future purchases – at least until the consumer protections of the Credit CARD Act go into effect in February 2010. (As of this writing, October 2009, Congress is considering moving the effective date up to December 2009). Even after that law goes into effect you can find yourself with higher rates for new purchases or loans, and less access to credit in general, if your scores are low.
I am against this change for a number of reasons, not the least of which is the fact that small business owners may have chose this card precisely for the reason that they want to separate their business and personal credit. To change the rules right during the middle of the worse credit crunch most business owners have seen is unfair at best. Secondly, businesses that are incorporated and run professionally are legally separate entities. Their credit histories should be separate if they pay their bills on time. (If you default then a personal guarantee kicks in, and the account will be reported as late on your personal credit.) And what about a business owner who is trying to get a mortgage or car loan? Should they personally pay a higher rate because of the businesses' debt?


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160x250 cm - 5'3"x8'3" 190x250 cm - 6'3"x8'3" 220x310 cm - 7'3"x9'10" Fibre composition: 100% new wool. Backsizing: Cotton. Total weight approx: 5'5 kg/m² - 1'1 lbs/ft² Total height approx: 40 mm. Manufacturing technique: HAND LOOM.
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GAN is now GANDIABLASCO's indoor brand but it was really the starting point… José Gandía-Blasco, the company's chairman, reinvented the family firm at the end of the eighties after four decades in business.


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OpGen | Date: 2014-03-14
The invention generally relates to optical maps and particularly to computationally tractable methods of assembling large numbers of single molecule maps by dividing the maps into smaller groups of maps within which all of the maps are similar to one another by some metric. For each group, all of the maps are assembled into contigs. The resulting contigs are then assembled into one or more genome assemblies. By dividing the maps into groups, a number of comparison operations required for assembly is reduced and, since each group of maps can be assembled into a contig in a discrete operation, the overall assembly operation can be parallelized.
OpGen | Date: 2014-12-08
The present invention generally relates to devices and methods for immobilizing nucleic acids on a substrate. In certain embodiments, devices of the invention include a voltage source, and a substrate coupled to the voltage source, in which hydrophobicity of the substrate changes in response to an applied electric field and a surface of the substrate is coated with a substance that retains nucleic acids.
OpGen | Date: 2014-03-14
The invention generally relates to sequence assembly and particularly to ordering the alignment of contigs to reference maps. The invention provides systems and methods for assembling contigs by aligning those contigs to a reference map in descending order of placement confidence. Each placement decreases the number of possible placements for the remaining contigs, which otherwise would have been likely to match in numerous places. Contigs are thereby placed along the reference genome with confidence and thus can be assembled into a genome-scale sequence assembly.
OpGen | Date: 2011-07-26
The invention generally relates to systems, cartridges, and methods for automated characterization of a nucleic acid molecule, in particular, optical mapping of DNA from an organism. In certain embodiments, the invention provides a cartridge for characterizing a nucleic acid molecule, the cartridge including a reaction chamber having a derivatized bottom surface, at least one reagent reservoir, and a pump, in which the reaction chamber, the reagent reservoir, and the pump are fluidically connected to each other.
OpGen | Date: 2015-01-12
The invention generally relates to methods and kits for isolating nucleic acids from an organism. In certain embodiments, methods of the invention involve contacting a plurality of lytic enzymes to an organism, thereby lysing a cell wall of the organism to release the nucleic acid, and introducing at least one agent to separate the nucleic acid from the lysed cells, thereby isolating the nucleic acid.


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Florida's best events, best courses don't match up
If players picked which events to play based only on the quality of golf course, the Florida swing would look vastly different.
Walker (66) moves up with birdie-eagle finish
Jimmy Walker (66) talks after his birdie-eagle finish Friday at 2016 Honda Classic.
Fowler (66-66) bogey-free at Honda Classic
Rickie Fowler opens with a pair of 66s at the 2016 Honda Classic. Fowler talks about his bogey-free play alongside Sergio Garcia.
Golf Business Minute: Honda Classic kicks off Florida swing in big way
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Phil Mickelson talks about his 1-under 69 Thursday at 2016 Honda Classic.
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Rory McIlroy is excited be back at PGA National for the 2016 Honda Classic.
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State of the Champion Course for Honda Classic
PGA National superintendent Brad Nelson gives the state of the course heading into the 2016 Honda Classic. Watch Morning Drive on Golf Channel.
Isenhour: Stay in fairway at PGA National
Tripp Isenhour says PGA National's thick over-seeded rough will challenge the field at the Honda Classic.


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A Good Deal: No Evil 022
Round up4.31 / 5.00 1,638 Views
Park Bench
A short film about a park bench4.12 / 5.00 1,191 Views
frog thing
frogggsgsgs3.86 / 5.00 1,400 Views
Keep em coming
The glue gun scene was hilarious. I wish I had been at Fair Havens this summer to see them in person.
Well i did enjoy it, so up yours Dayless. =D
i liked it
good use of the animal powers
keep 'em coming!
- Girl's sinister laugh cut out too quickly
- I couldn't hear Falletta talk, the music was too loud (or he was too quiet)
- All voices seemed quieter than the music (bring one down or the other up)
- Got a little slow in the middle
Could have used some more sound effects, just to bring the effects up to the quality of the voice acting and animation... That was the only area I found the animation to be lacking.
- Dude with glasses sinister laugh
- "the animal powers" (particularly earthworm)
- colorful world
- good voice acting
- nice to see full, long animations being submitted
your review
ewww gross he winked at me. that was pretty funny you actually animated good on the walking so you have some animation talent so overall pretty good


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