Agan v. Astrue
| Decision Date | 07 February 2013 |
| Docket Number | No. C 11–3061–MWB.,C 11–3061–MWB. |
| Citation | 922 F.Supp.2d 730 |
| Parties | Gary A. AGAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
OPINION TEXT STARTS HERE
Mary C. Hamilton, Hamilton Law Firm, Storm Lake, IA, Thomas A. Krause, Des Moines, IA, for Plaintiff.
Teresa K. Baumann, United States Attorney's Office, Cedar Rapids, IA, for Defendant.
This case is before me on a Report And Recommendation (docket no. 10) from United States Magistrate Judge Leonard Strand, regarding plaintiff Gary A. Agan's claims for disability insurance benefits (“DIB”) and supplemental security income (“SSI”), pursuant to Titles II and XVI of the Social Security Act.
I quote from Judge Strand's Report And Recommendation to introduce the procedural background of this case:
Agan was born in 1960, has a high school education, and previously worked as a welder, assembler, mechanic and sheet metal installer. AR 32–34, 161, 215–24, 262. On April 22, 2009, Agan applied for DIB and SSI, alleging disability beginning on July 22, 2008 due to a back injury, diabetes, a foot injury and gout. AR 161, 191, 195. The Commissioner denied Agan's applications initially and again on reconsideration. AR 58–61. Agan requested a hearing before an Administrative Law Judge (“ALJ”). AR 74. On April 25, 2011, ALJ Jeffrey Marvel held a hearing at which Agan and a vocational expert (“VE”) testified. AR 28–57. On May 25, 2011, the ALJ issued a decision finding Agan not disabled since the alleged onset date of disability of July 22, 2008. AR 10–27. Agan sought review of this decision by the Appeals Council, which denied review on September 7, 2011. AR 1–6. The ALJ's decision thus became the final decision of the Commissioner. 20 C.F.R. §§ 404.981, 416.1481.
Report And Recommendation at 1–2 (docket no. 10).
On November 10, 2011, Agan filed a complaint with this court, seeking review of the ALJ's decision. The case was referred to Judge Strand, pursuant to 28 U.S.C. § 636(b)(1)(B), for the filing of a report and recommended disposition of the case. On March 14, 2012, Agan filed his brief in support of benefits (docket no. 7). First, Agan argued that the ALJ failed to properly evaluate his allegations under Polaski v. Heckler, contending that the objective evidence provides more than sufficient support to Agan's testimony. Second, Agan contended that the ALJ failed to fully and fairly develop the record. Specifically, Agan argued that the ALJ failed to obtain work-related limitations from an examining source. Also, Agan contended that the ALJ failed to obtain Agan's mental health records or to order a consultative evaluation. Third, Agan argued that the ALJ's errors are not harmless.
On May 14, 2012, the Commissioner responded with his brief in resistance (docket no. 8). The Commissioner contends that the ALJ was not required to develop the record any further because substantial evidence supports his finding that Agan's mental impairments and diabetes were not severe. The Commissioner argues that the ALJ articulated valid reasons for discounting Agan's credibility. The Commissioner contends that the ALJ's RFC determination was supported by substantial evidence on the record as a whole. Also, the Commissioner maintains that the ALJ's hypothetical question was proper and the vocational expert's testimony provided substantial evidence that Agan was not disabled.
Judge Strand issued a Report And Recommendation on October 15, 2012 (docket no. 10), 2012 WL 5285923. Judge Strand determined that the ALJ's decision was supported by substantial evidence in the record as a whole, and, therefore, recommendedthat the ALJ's decision denying benefits be affirmed. Specifically, Judge Strand found that the ALJ's credibility determination based on Agan's daily activities, the lack of objective medical evidence, the limited treatment or complaints after his onset date, and the inconsistencies in the record is supported by substantial evidence. Responding to Agan's argument that the evidence could be viewed to support a finding of disability, Judge Strand concluded that the argument reflects the wrong standard of review and the ALJ's decision must be given deference. Judge Strand determined that the ALJ adequately developed the record regarding the evidence supporting the RFC assessment, medical evaluations indicating Agan's diabetes mellitus and diabetic peripheral neuropathy, and Agan's mental impairments. On October 29, 2012, Agan filed a timely objection (docket no. 11) to Judge Strand's Report And Recommendation.
In his Report And Recommendation, Judge Strand made the following findings of fact:
1. Summary of medical evidence
A. Dr. Mark Palit
Beginning in February 2005, Agan went to see Dr. Palit for low back and right leg pain that had lasted for three months. AR 496. Agan explained that the pain extended all the way down to his foot and was aggravated by increased activity. Id. He described the pain as sharp and shooting and chiropractic care provided minimal relief. Id. Dr. Palit ordered x-rays of Agan's spine which showed decreased disc height, mildly, at L5–S1. Id. Upon physical examination, the doctor noted that Agan walked slowly but steadily, favoring the right leg. Id. He found that Agan's range of motion of the lumbar spine was reduced on flexion...
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