Alvarado v. Colvin
| Decision Date | 31 March 2015 |
| Docket Number | Civil Case No. 13-cv-02601-LTB |
| Parties | NICK J. ALVARADO, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — District of Colorado |
ORDER
Plaintiff Nick Alvarado appeals the final decision of the Commissioner of Social Security ("SSA") denying him disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401, et seq. I have considered the briefs [Docs. # 16, 21, 22] and the administrative record [Doc. # 13] ("AR"). Oral argument would not materially assist me in determining this appeal. Mr. Alvarado contends that the administrative law judge ("ALJ") erred in various respects in determining his residual functional capacity ("RFC") at step four of SSA's sequential process for evaluating disability. Mr. Alvarado argues that this improper RFC determination tainted the ALJ's determination at step five that Mr. Alvarado's RFC and other factors allow him to do work in the national economy and, therefore, that he is not disabled. I conclude that the ALJ did not err in determining Mr. Alvarado's RFC, and that his determination is supported by substantial evidence. Accordingly, I AFFIRM.
Mr. Alvarado filed his claim with SSA on July 14, 2010, alleging he became disabled on May 22, 2010. AR 24. SSA denied his claim initially on December 15, 2010. Id. Mr. Alvarado requested a hearing. Id. The hearing took place on April 23, 2012, before an ALJ. Id. On May 1, 2012, the ALJ denied Mr. Alvarado's claim, concluding that Mr. Alvarado was not disabled within the meaning of the Social Security Act. AR 38. On May 10, 2012, Mr. Alvarado requested that SSA's Appeals Council review the ALJ's decision. AR 19. On June 3, 2013, the Appeals Council denied review, making the ALJ's decision the final decision of SSA. AR 4; Doyal v. Barnhart, 331 F.3d 758, 759 (10th Cir. 2003). By letter dated August 20, 2013, the Appeals Council extended the 60-day deadline for Mr. Alvarado to appeal the agency's final decision, allowing him 30 days from his receipt of the letter to do so. AR 1. SSA stated that it presumed Mr. Alvarado would receive the letter within five days, or by August 25, 2013. Id. On September 23, 2013, Mr. Alvarado timely filed the instant appeal. The Court has jurisdiction pursuant to 42 U.S.C. § 405(g).
The following facts are undisputed unless otherwise noted. Mr. Alvarado was born in 1969. AR 210. His recent work history includes an environmental health position in the military that he held from 1991 to 1999. AR 224. From 2000 to 2008, he worked as a project coordinator in the private sector. Id. During this period, he obtained a college degree in information technology. Id. From 2009 to 2010, he worked as a test engineer for an information technology company. Id. He was laid off from his job on August 17, 2010. AR 58. Mr.Alvarado's appeal focuses on his spinal issues and his mental conditions, which consist of anxiety, depression and panic attacks.
Mr. Alvarado's history of spinal problems dates back to 1992, when he fell and hit his back on a sharp edge. AR 91. In 1999, he injured his back playing basketball. Id. At that time, doctors diagnosed him with spondylolisthesis at the L5-S1 level and he underwent lumbar fusion surgery. Id. In 2005, doctors performed a second lumbar fusion surgery. Id. A 2008 MRI showed postoperative changes at the L5-S1 level associated with degenerative joint disease and degenerative disc disease; partial dessication at the L3-4 level with mild disc space loss; and probable spondylolysis at the L5 verterbra. Id.
A March 2010 CT scan showed that Mr. Alvarado had slight degenerative symptoms with no evidence of nerve root compression. AR 313-14. In June 2010, John Bissell, M.D., a pain management doctor, observed on examination that Mr. Alvarado's legs were almost at full strength and that he had full strength throughout the rest of his body. AR 286-87. He had normal sensation, gait, and station, but did have tenderness and reduced range of motion in his back. Id.
In July and August of 2010, Mr. Alvarado had neurosurgery consultations at the Department of Veterans Affairs ("VA"). AR 340-41. On examination, Glenn Kindt, M.D., and his team noted that Mr. Alvarado had a positive bilateral straight leg raise and some spinal stenosis at the L4-5 level. Id. However, they noted that the stenosis was not severe, that Mr. Alvarado's motor functioning was intact, and that he had no nerve root irritation. AR 340-41, 349. They assessed chronic back and leg pain but noted that further surgeries were notrecommended. Id.
On a pain questionnaire submitted with his claim, Mr. Alvarado wrote that he experienced "constant" pain in his lower back and right leg "everyday and all day." AR 242. He indicated that prescription narcotics provided "fair" relief, although he noted they "slo[w] my mental decision making." AR 242. He also noted that he had received cortisone injections and indicated that they "last for a while but [the] pain always returns within a few weeks." Id. At the hearing, Mr. Alvarado stated that his pain medication "helps" but "doesn't take [the pain] completely away." AR 67.
Mr. Alvarado also noted on his pain questionnaire that his pain is worsened by lifting, bending, reaching, and leaning left or right. AR 242. On his function report, he indicated he has trouble "stand[ing] much" and "reaching left or right," and that he is "[n]ot able to bend, stoop, reach, [or] lift items," or "kneel down like I used to." AR 244. He has no problems with personal care, except for putting on his socks and shoes. AR 245. He makes his own meals, does small loads of laundry, drives a car, shops, and uses his computer. AR 245-48. He can no longer mow his lawn. AR 247. At the hearing, Mr. Alvarado testified that he walks his dog to the park for exercise. AR 64. He has a driver's license and drove to the hearing. AR 56-57. Family members help him clean his house and rake leaves in the fall. Id.
In December 2010, state agency physician Alicia Blando, M.D., reviewed the record to assess Mr. Alvarado's physical impairments. Dr. Blando noted that Mr. Alvarado's functioning was consistent with sedentary work at that time, but that it would be consistent with light work by May 22, 2011, which is 12 months after the alleged onset date. AR 95-99. She noted that he would be able to stand and/or walk a total of four hours in an eight hour day and sit for six hours,among other limitations. Id.
In January 2012, consultative examiner Kimberly Jackson, M.D., examined Mr. Alvarado. AR 596-601. She noted Mr. Alvarado "appeared to sit comfortably during the exam and without pain mitigating movement," although he did have significant discomfort getting on and off of the examination table and removing his shoes. Id. She observed somewhat ataxic ambulation; a reduced range of motion in the dorsolumbar spine with moderate discernible discomfort; moderate tenderness to palpation over the thoracic, lumbar, and sacral spinous processes; and tenderness in the sacroiliac joint. Id. She noted he had no sensory deficits, although she was unable to obtain his reflexes in all areas. Id. He had normal strength in his bilateral upper extremities, and a rating of four out of five in his bilateral lower extremities. Id. Based on her findings, Dr. Jackson assessed that Mr. Alvarado was able to walk for 2 hours in an 8 hour workday with breaks every 15 minutes; to sit for 4 hours with breaks every 20 minutes; and to stand for 2 hours with breaks every 5 minutes. Id. She recommended against bending, stooping, squatting, and crouching, and recommended that Mr. Alvarado use an assistive device based on his reports of falling down stairs. Id.
In April 2010, Mr. Alvarado saw VA psychiatrist Gary Kielpikowski, M.D., and complained of depression, anxiety, and panic attacks related to his physical pain, impending divorce, and financial problems. AR 373. He reported a stable mood, but noted he had been experiencing an increased heart rate, shortness of breath, and dizzy feelings, particularly in closed places. Id. Dr. Kielpikowski noted Mr. Alvarado had a full affect; focused and organized thoughts; and a good mood. Id. He also noted Mr. Alvarado was social and conversive and hadno suicidal or homocidal ideation. Id. Dr. Kielpikowski assessed major depression complicated by panic attacks, social stresses, and chronic pain. Id. Dr. Kielpikowski prescribed the antidepressant Zoloft and the sleep aid Ambien. Id.
In May 2010, Mr. Alvarado saw Thomas Johnson, D.O., who assessed depression with anxiety and insomnia. AR 438. Dr. Johnson prescribed Valium, an anti-anxiety medication, and Prozac, an antidepressant. Id. In June 2010, Mr. Alvarado mentioned to Dr. Bissell, his pain management doctor, that he had experienced a panic attack at work. AR 286. In July 2010, Mr. Alvarado saw Dr. Kielpikowski again. AR 364. The doctor noted Mr. Alvarado had an "OK" mood and that he was social and conversive. AR 365. In August 2010, Mr. Alvarado saw Dr. Johnson again. Dr. Johnson refilled the Valium prescription, noting it worked well not only for Mr. Alvarado's anxiety, but also his spasms and back pain. AR 416.
In October 2010, Dr. Kielpikowski completed a "Mental Residual Functional Capacity Questionnaire" for Mr. Alvarado. AR 585-90. He indicated that Mr. Alvarado had a lack of interest, low energy, sleep problems, high anxiety, and dysphoria, and that he was experiencing weekly panic attacks. AR 586-87. Among other things, the form contained a checklist of "mental abilities and aptitudes needed to do semiskilled and skilled work." AR 589. The doctor indicated Mr. Alvarado was "unable to meet competitive standards" in several areas and was "seriously limited, but not precluded" in one area. Id. Dr. Kielpikowski also commented that Mr. Alvarado "continues to...
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