Barker v. Colvin, 4:12-CV-29-APR
| Decision Date | 19 August 2013 |
| Docket Number | 4:12-CV-29-APR |
| Parties | PHILLIP J. BARKER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. |
| Court | U.S. District Court — Northern District of Indiana |
This matter is before the court on the petition for review of the decision of the Commissioner of Social Security filed by the claimant, Phillip J. Barker, on April 27, 2012. For the following reasons, the decision of the Commissioner is AFFIRMED.
The plaintiff, Phillip Barker, filed an application for Disability Insurance Benefits on June 20, 2008, alleging a disability onset date of May 6, 2007, due to arthritis, cerebrovascular disease, depression, and anxiety. (Tr. 26, 99, 106, 169-171) After his application initially was denied and was denied again upon reconsideration, Barker requested a hearing. A hearing was held before Administrative Law Judge Lisa Chin. (Tr. 44-98) Barker and vocational expert Lee Knutson testified at the hearing. (Tr. 44-98) On November 23, 2010, the ALJ issued herdecision denying benefits. (Tr. 26-37) Barker requested a review of the ALJ's decision and submitted a memorandum and additional evidence in support. (Tr. 21-22) On October 6, 2011, the Appeals Council denied review, making the ALJ's decision the Commissioner's final determination. (Tr. 5-10, 21, 320-322, 690-888)
Barker was born in December 1963, making him less than 50 years old at the time the ALJ issued her decision. (Tr. 169) He has a high school education and past relevant work as a pipe layer. (Tr. 191, 194)
In January 2006, prior to the alleged onset date, Barker's knee x-rays revealed early osteoarthritic changes. (Tr. 325, 342) Barker saw his treating physician, Joseph Kacmar, M.D., and reported generalized joint pain. His knee pain started about seven months prior with bilateral knee pain that was worse with weight-bearing activities. He was prescribed Vicodin and instructed to reduce his activities if possible. (Tr. 332) Barker also received chiropractic treatment for spine and pelvic pain from July 2005 through February 2008. (Tr. 393-407, 464)
In October 2006, Barker lost his job and reported being unable to work due to joint pain. (Tr. 336) By November 2006, Barker told Dr. Kacmar he was having a lot of joint pain, was very depressed, tearful, and not sleeping. Dr. Kacmar prescribed Effexor and Xanax. (Tr. 333) The Effexor prescription was discontinued in October 2007 due to a rash, and the Vicodin prescription was increased due to increased bilateral knee pain. (Tr. 335) On July 8, 2008, Barker's Vicodin again was refilled due to osteoarthritis, and Barker's Xanax prescription was refilled due to anxiety with chest pain. (Tr. 367)
On August 5, 2008, Barker was evaluated by Gary Durak, Ph.D. at the Commissioner's request. Dr. Durak noted that Barker's motor activity was slowed due to problems with his gait.(Tr. 348) Dr. Durak diagnosed Barker with adjustment disorder with depressed mood and assigned a Global Assessment Functioning score of 60. (Tr. 350) On September 19, 2008, a non-examining state agency psychologist opined that Barker's affective disorder was not severe. (Tr. 352)
On October 8, 2008, Barker sought emergency treatment for acute onset dizziness with an inability to walk without falling to the left side. (Tr. 375-80, 476-506) An echocardiogram was normal, and a CT scan of the head showed a lesion in the cerebrellar hemisphere, possibly subacute or chronic. (Tr. 371, 373)
On October 22, 2008, Barker was examined by Teofilo Bautista, M.D. at the Commissioner's request. Barker reported that his joint pain started 15 years prior but that it worsened in the last 2 ½ years. He reported being able to walk 150 feet, sit for up to 20 minutes, stand for up to 20 minutes, and lift 10 pounds. (Tr. 386) Barker walked with a slight limp due to right knee pain, and mild right knee tenderness and pain were noted. Barker "[r]efused and [was] unable to do" range of motion of the back and heel and toe walking due to low back pain and left hip pain. Mild pain and tenderness of the lumbosacral spinal areas was noted on examination. Upon examination, the right knee reflex was abnormal. Dr. Bautista diagnosed osteoarthritis of the right knee and arthralgia of the left knee. (Tr. 388) On December 2, 2008, non-examining state agency physician B. Whitley, M.D. concluded that Barker was capable of light exertional activity with occasional postural limitations and no balancing. However, he did not review any treating or examining source statement regarding Barker's physical limitations prior to rendering his opinion. (Tr. 412-19)
On February 2, 2009, Barker was examined by Ikechukwu Emereuwaonu, M.D. at theCommissioner's request. Barker reported joint pain for the prior 15 years, which he attributed to his history of heavy labor. Barker reported difficulty doing household chores and difficulty working on his car due to pain. (Tr. 420) On examination, Barker had a limping and unsteady gait with severe difficulty walking on his toes and moderate difficulty with other walking and squatting tests. Dr. Emereuwaonu concluded that Barker (Tr. 423)
On April 21, 2009, Barker first received treatment with Spencer Markowitz, M.D. for pain management. Barker was noted to have difficulty with anxiety, for which he took Xanax. Upon examination, Dr. Markowitz noted crepitus of the knees, elbows, shoulders, hands, and wrists bilaterally, with tenderness in the knees and ankles, bilateral knee effusion, thickened synovium of the hands and wrists, and also elbow tenderness. Dr. Markowitz noted that hypertension, joint pain at multiple sites, and major depression, single episode, were the working diagnoses. (Tr. 459-461)
On May 6, 2009, Dr. Markowitz noted that Barker completed the Pain Inventory sheet, but he circled 10/10 for all scales. This was discussed, and Barker explained that the pain was not the worst ever, but was unacceptable. Dr. Markowitz was concerned that the nonspecific liver function abnormalities were part of an underlying cause for Barker's joint pain. Barker reported his depression was better after being prescribed Cymbalta. (Tr. 438-440, 455) However, his musculoskeletal examination still was abnormal. (Tr. 456) On May 26, 2009, Barker's Cymbalta dose was increased. Barker reported feeling fatigue and having nausea and vomiting, which he associated with anxiety. Dr. Markowitz concluded that Barker demonstrateddiminished higher cognitive function as illustrated by his difficulty in responding to the Pain Inventory questionnaire. (Tr. 452) Barker continued receiving pain management from Dr. Markowitz, in addition to medical management for anxiety symptoms. (Tr. 445-450) On July 23, 2009, Dr. Markowitz referred Barker for evaluation with a rheumatologist due to his concern that Barker may have a collagen vascular disease, possibly involving his liver. (Tr. 569) On August 24, 2009, a lumbar spine CT examination demonstrated a disc bulge with bony spondylotic change resulting in mild stenosis at L4-5, and a disc protrusion at L5-S1. (Tr. 669)
On August 25, 2009, Dr. Markowitz provided a summary of Barker's diagnoses, which included essential hypertension (well controlled), joint pain at multiple sites (pending further evaluation), and depression with anxiety (improved with medication). He explained that Barker's overall condition was guarded, and although he was improving, he "still has considerable chronic back pain and is now having some radicular pains from his back into his right lower extremity", which was one of the issues pending further evaluation. (Tr. 568) A September 13, 2010 echocardiogram showed mild bilateral and left ventricular enlargement, and a Doppler study showed mild atherosclerosis of the bilateral leg arteries. (Tr. 672-673) Barker also had 50-69% stenosis of the left internal and 70% or greater stenosis of the bilateral external carotid arteries. (Tr. 674)
Barker also received physical therapy in October and November 2009 for intermittent right lower extremity pain. Barker was discharged from therapy and was awaiting insurance authorization for pain management. (Tr. 570, 585-610)
On November 10, 2009, Dr. Kevin Joyce completed a medical source statement and determined that Barker was limited to lifting less than 5 pounds frequently and less than 10pounds occasionally, standing and walking a total of one hour, and sitting a total of 30 minutes daily. Dr. Joyce cited Barker's low back pain with disc bulge and stenosis with knee osteoarthritis in support. (Tr. 571-73) Dr. Joyce stated that he was a board certified Rheumatologist. (Tr. 574)
On December 2, 2009, Barker was evaluated by S. Dasari, M.D. for pain management. Dr. Dasari noted an August 2009 CT scan indicating a herniated disc at L4-5. Barker reported back pain radiating into his right leg, in addition to pain in all his major joints. (Tr. 611) Dr. Dasari diagnosed Barker with right lumbar radicular pain and a herniated disc at L4-5. (Tr. 612) An epidural steroid injection at L4 and L5 was provided, and Barker reported 90-95% relief of pain. (Tr. 623-25) Lidoderm patches were prescribed for pain. (Tr. 626) On March 24, 2010, Dr. Dasari noted that Barker could not undergo an MRI, but he was provided with Synvisc injections for knee pain. (Tr. 631) Fluid was aspirated from the knees on April 1, 2010, and additional injections were provided. (Tr. 633) Barker continued treatment with Dr. Markowitz from March 2010 through May 2010. (Tr. 636-64) In April 2010, Dr. Markowitz noted diffuse thyroid enlargement. (Tr. 645)
On May 4, 2010, Dr. Markowitz concluded that Barker was limited to lifting less than 10 pounds occasionally and less than 5 pounds frequently, standing and walking two hours total, and sitting four hours daily due to back...
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