Amburgey v. Barnhart
| Decision Date | 20 August 2003 |
| Docket Number | No. CIV.A. H-01-3881.,CIV.A. H-01-3881. |
| Citation | 288 F.Supp.2d 821 |
| Parties | Richard AMBURGEY, Plaintiff, v. Jo Anne B. BARNHART,<SMALL><SUP>1</SUP></SMALL> Commissioner of Social Security Administration, Defendant. |
| Court | U.S. District Court — Southern District of Texas |
Robert C Hardy, Sr, Attorney at Law, Houston, TX, for Richard C Amburgey, plaintiff.
Tasha Williams Stevenson, Special Ass't U.S. Atty, Dallas, TX, for Jo Anne B Barnhart, Commissioner of SSA, defendant.
Having conducted a review of the Memorandum and Recommendations [Doc. # 23], as well as all other materials on file in this proceeding and noting that no Objections have been filed to the Memorandum and Recommendations, this Court finds that the Memorandum and Recommendations are well founded and are adopted herein. It is, therefore,
ORDERED that this matter is DISMISSED with prejudice from the Court's docket.
The Clerk of Court shall file this Memorandum and Order and provide the parties with a true copy.
Plaintiff Richard C. Amburgey ("Amburgey") seeks judicial review of the Social Security Administration's ("SSA") denial of his claim for disability and supplemental security income benefits provided by Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 405 and 1381, et seq. See Plaintiff's Motion for Summary Judgment (Entry # 20). Defendant Jo Anne B. Barnhart, Commissioner of the Social Security Administration ("Commissioner"), urges the decision denying Amburgey's claim for benefits be upheld and maintains the claimant is not disabled as he is able to perform both semiskilled and unskilled sedentary work, such jobs found to exist in significant numbers in the national economy. See Defendant's Motion for Summary Judgment (Entry # 21) and Response to Plaintiff's Motion for Summary Judgment (Entry # 22).2 Amburgey contends that the administrative law judge ("ALJ") improperly relied upon and coached the medical expert's testimony when rejecting the opinion of an examining psychiatrist that the claimant was incapable of working. See Plaintiff's Motion for Summary Judgment (Entry # 20). Amburgey further maintains that the Commissioner's decision should be reversed or remanded, contending that it is not premised upon substantial evidence and does not comply with applicable legal standards. Conversely, the Commissioner contends that the finding that Amburgey is not disabled, is based upon a complete review of the claimant's testimony and medical records as well as the opinions of treating physicians and those of the vocational and consulting medical experts and, accordingly, the Commissioner affirmed the ALJ's decision that Amburgey is not disabled and retains the residual functional capacity to perform semiskilled and unskilled sedentary work, and maintaining that the ALJ's findings are based upon substantial evidence and a proper application of the relevant legal standards. See Defendant's Motion for Summary Judgment (Entry # 21). The Commissioner disputes Amburgey's claims and contends that affirming the denial of the claim for supplemental security income benefits is the only proper conclusion to this matter.
Following a review of the motions, the responses and the administrative record, it is recommended that the ALJ's findings be affirmed, for the below stated reasons.
Richard Charles Amburgey is a forty-four (44) year old, single male with no minor children. Amburgey has earned two years of college credits at North Harris County Community College and has past work experience as a self-employed commercial paper hanger and painter. (T. 43, 79; R. 136-138, 165, 203-208, 288).3 Amburgey ceased working January 1, 1997, as a result of alleged chronic pain in his right knee and lower back resulting from degenerative disc disease and osteoarthritis. (R. 24, 178, 182, 184-187, 365-366, 371; T. 47-48).
In July of 1983, Amburgey was seen by Dr. Bill Alexander at Doctors Hospital in Conroe, with complaints of pain, slight swelling and a locking of the right knee, suffered after having been struck with a baseball on the medial side of the right knee. A physical examination revealed that the right knee showed mild atrophy of the quads with mild effusion. The knee's range of motion was normal but there was tenderness along the suprapatellar area and on the lateral joint line. There was no loose body palpated and the lateral and cruciate ligaments were intact with no inflammation or infection of the knee. Dr. Alexander noted that on previous knee examinations loose bodies were palpated and he recommended their evaluation and removal. The remaining physical and neurovascular examinations revealed normal results. Dr. Alexander performed an arthroscopy of the right knee on July 26, 1983, and removed the loose bodies. Chondromalacia was present on the undersurface of the patella as well as the lateral femoral condyle. The chondromalacia of the patella and the femoral was shaved and smoothed. The surgical procedure went well, however, Dr. Alexander assessed Amburgey as having a ten percent (10%) disability in the right knee. (R. 245-247, 297).
In October of 1985, Amburgey returned to Dr. Alexander at Medical Center Hospital in Conroe, Texas, with complaints that his knees were popping and locking and that he had pain and swelling in both knees. An examination revealed normal results, except for the left foot which showed an old, healed mid-foot amputation and both knees displayed crepitation with flexion and extension particularly at the patella. There were no effusions and the range of motion and ligaments were normal. A chest x-ray was taken revealing a normal heart with clear lungs. Dr. Alexander recommended an arthroscopy for the removal of probable loose bodies from the chondromalacia of the patella in both knees. On October 29, 1985, Dr. Alexander performed the arthroscopy and discovered some degenerative chondryl malasia of both knees with loose bodies and synovitis, which were surgically removed. Amburgey was discharged on October 30, 1985, with a prescription for Tylenol for pain and instructions to return in five days for follow up care. (R. 238-244, 294-296).
An audiometric examination performed by Doris P. Walker, a clinical audiologist, on February 14, 1992, revealed Amburgey had a forty percent (40%) hearing loss in the right ear and a sixty percent (60%) loss of hearing in the left ear. (R. 329).
Methodist Hospital's orthopedic surgeon, Dr. David M. Lintner, examined Amburgey on February 23, 1993, for complaints of pain in the knees. Amburgey related that he first injured his knees while carrying paint up stairs for a job he was performing, when he slipped and twisted the knees, subsequently re-injuring the knees in a car accident, baseball game and while riding a stationary bicycle. Amburgey complained of pain in the anterior aspect of the knee aggravated by bent knee activities and catching and popping in the knees. He had a medical history of high cholesterol and arthroscopies performed as late as 1987 on his knees, but no history of cardiac or pulmonary disease. Amburgey had no drug allergies but was taking Advil for pain and Prozac, prescribed by his family physician, Dr. James Carey, for mild depression. An in the lateral and superior portion of the patella and on the medial and lateral articulated margins of the femoral condyles were indicated and it was noted that forced flexion resulted in anterior pain. A large amount of retropatellar crepitation with extremely tight lateral retinaculum was noted. There was a slight variant in the overall alignment and the pivot shift and quadricep tone was normal. X-rays of the knees confirmed the presence of prominent osteophytes at the superior and lateral portion of the patella in the right knee with approximately 50% subluxation and total loss of the lateral joint space of the patello-femoral joint. The left knee showed early osteophyte formation in the patellofemoral joint. Dr. Lintner diagnosed severe degenerative joint disease caused by an extensor mechanism malalignment and chondromalacia patella and recommended that Amburgey have an open extensor mechanism realignment of a modified Elmsie Trillat type and debridement of the osteophytes. Amburgey was told to take Advil for pain. On March 12 and July of 1993, Amburgey underwent arthroscopies and the placement of two screws in the anterior tibia, although he tolerated the procedures well. Post-surgically, his progress was reviewed by Dr. Lintner, noting that he was recovering well, no longer needed braces or crutches and continued to have a whole body disability of ten percent (10%) as a result of his degenerative joint disease. (R. 256-283, 354-357; T. 69). At the request of the Texas Rehabilitation Commission ("TRC"), orthopedic surgeon, Dr. Jerry L. Hyatt, examined Amburgey's left foot on July 22, 1993. Dr. Hyatt noted that Amburgey related that when he was six years old, he slipped under a lawnmower and sustained an amputation of the left forefoot at a level at or distal to the tarsal metatarsal joints. The bases of the fourth and fifth metatarsal remained, the rest of the toes suffering amputation. Dr. Hyatt indicated that the foot is unbalanced when Amburgey walks, resulting in excessive pronation of the longitudinal arch of the foot and remaining forefoot, as well as increased problems with pain in the medial aspect of the left knee probably due to the valgus stress to the knee caused by the pronation. Dr. Hyatt recommended Amburgey be fitted for a foot prosthesis to replace the forefoot and an arch to support the medial aspect of the foot and arch. (R. 255). Ronald J. Massey, Ph.D., a...
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