Bechtold v. Massanari
| Decision Date | 10 May 2001 |
| Docket Number | No. Civ.A. 8:99CV902T17F.,Civ.A. 8:99CV902T17F. |
| Parties | Martha A. BECHTOLD, Plaintiff, v. Larry G. MASSANARI, Acting Commissioner of Social Security,<SMALL><SUP>1</SUP></SMALL> Defendant. |
| Court | U.S. District Court — Middle District of Florida |
Michael Alan Steinberg, Michael A. Steinberg & Assoc., Tampa, FL, for Plaintiff.
Steven A. Nisbet, Susan R. Waldron, U.S. Attys. Office, Tampa, FL, Mary Ann Sloan, Gen. Counsel's Office, Atlanta, GA, for Defendant.
This is an action under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). The plaintiff, Martha A. Bechtold ("Bechtold"), seeks judicial review of the final decision of the Commissioner of Social Security (the "Commissioner") denying her application for a period of disability and disability insurance benefits.
On August 16, 1995, Bechtold was involved in an automobile accident in which she injured her ribs and her right forearm, wrist, hand, and foot. Tr. 132-33. Immediately following the accident, Bechtold received treatment in the emergency room at University Community Hospital. Tr. 132. The emergency room physician, Dr. Robert Honegger ("Dr. Honegger"), anesthetized and sutured Bechtold's lacerations and recommended a splint and ice for her forearm, wrist, and hand. Tr. 134. He also prescribed Vicodin for pain. Tr. 134. X-rays taken at Dr. Honegger's request ruled out the presence of fracture in her right foot, wrist, and hand. Tr. 144.
Bechtold received follow-up care from her personal physician, Dr. Bruce A. Kahan ("Dr. Kahan"), on August 18 and 23, 1995. Tr. 171-74. Dr. Kahan noted pain in Bechtold's right forearm and inflammation in her right hand, Tr. 171, 174, and referred her to the Tampa Bay Hand Center (the "Hand Center"), Tr. 158, 171.
On August 25, 1995, Bechtold began treatment with Dr. Cecil C. Aird at the Hand Center. Tr. 158. At that time, she reported pain and numbness in her right hand. Tr. 158. On December 13, 1995, Bechtold underwent minor surgery to remove a foreign body from her hand. Tr. 152.
On September 14, 1995, Bechtold began treatment with Dr. David J. Schulak ("Dr. Schulak") at the Tampa Orthopedic Clinic for pain in her right shoulder, which purportedly bothered her at night and with increased activity. Tr. 205, 207. Dr. Schulak noted that Bechtold had a full range of motion in her shoulder and no shoulder deformity. Tr. 207. Following an x-ray, Dr. Schulak diagnosed Bechtold with post-traumatic tendonitis and asymptomatic mild bony impingement syndrome. Tr. 207. He injected her for pain relief and recommended non-steroidal anti-inflammatory drugs, modification of activity, and cuff-strengthening exercises. Tr. 207.
In November 1995, Bechtold underwent an arthroscopy. Tr. 192. After the surgery Dr. Schulak noted that Bechtold's recovery was satisfactory, but that progress was slow. Tr. 204. Bechtold continued to do well, however, until February 6, 1996, when she reinjured her shoulder during a seizure caused by an insulin overreaction. Tr. 146-47, 203. Dr. Schulak prescribed a sling and pain medication, and advised Bechtold to undergo a second arthroscopy. Tr. 198-99, 203. Dr. Schulak did not indicate that Bechtold was unable to return to work, but he placed a permanent restriction on prolonged standing and overhead reaching. Tr. 203. At Dr. Schulak's recommendation, Bechtold received physical therapy from March to July 1996 in order to improve her range of motion and decrease her pain. Tr. 214-15. By June 1996, Dr. Schulak no longer recommended surgery and instead stated that Bechtold might reach maximum medical improvement in two months. Tr. 195.
As of November 1, 1996, Bechtold continued to report persistent pain in her right shoulder and an inability to actively flex the shoulder. Tr. 191. On November 12, 1996, Bechtold underwent an arthrogram, which indicated moderately severe adhesive capsulitis. Tr. 188.
In February 1997, Bechtold began treatment with Dr. Mark Frankle ("Dr. Frankle"). Tr. 212-13. At Dr. Frankle's request, an MRI scan of Bechtold's shoulder was performed, which indicated a full thickness rotator cuff tear. Tr. 213. Dr. Frankle recommended that Bechtold undergo an arthroscopy, but the medical record contains no treatment notes with respect to the performance of such a surgery. Tr. 213.
In addition to her orthopedic impairments, Bechtold suffers from Type I diabetes mellitus, primary hypothyroidism, and obesity. Tr. 173-74, 207, 223. She has been prescribed insulin for her diabetes and Synthroid for her hypothyroidism. Tr. 173. In August 1995, Bechtold began to experience problems controlling her diabetes and had frequent hypoglycemic episodes. Tr. 121. After an adjustment in her medication, however, no further problems are noted in the medical record. Tr. 221-23.
Bechtold was born on April 8, 1946 and was fifty-one years old on the date of the administrative hearing. Tr. 34, 86. She attended two years of junior college and obtained an associate degree in liberal arts. Tr. 35, 56. Before the alleged onset of her disability, Bechtold held several jobs in retail sales as well as a position at her husband's insurance company in which she filed insurance documents and answered the phone when the receptionist was on another line. Tr. 37-40, 97.
On July 2, 1996, Bechtold filed an application for disability insurance benefits, Tr. 86-89, alleging disability as of August 16, 1995, Tr. 86. The Commissioner denied Bechtold's claim both initially and upon reconsideration. Tr. 70-73, 76-79. Bechtold timely requested a hearing before an administrative law judge. Tr. 80-81. The administrative law judge conducted a hearing on August 4, 1997, Tr. 31-67, and after considering the case de novo, held, on January 3, 1998, that Bechtold was not disabled within the meaning of the Social Security Act. Tr. 11-20. Specifically, the administrative law judge found that Bechtold's subjective complaints of pain were disproportionate to the medical evidence and were not fully credible, and that Bechtold had the residual functional capacity to perform a limited range of sedentary work, including her past relevant work. Tr. 18-19. On February 26, 1999, the Appeals Council denied Bechtold's request for review of the decision of the administrative law judge. Tr. 5-6. The decision of the administrative law judge therefore became the final decision of the Commissioner with respect to Bechtold's claim. 42 U.S.C. § 405(g).
The Court's review of a Social Security disability benefit determination is limited under 42 U.S.C. § 405(g), which provides that "[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive." Id.; see also Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Martin v. Sullivan, 894 F.2d 1520, 1529 (11th Cir.1990); Allen v. Bowen, 816 F.2d 600, 602 (11th Cir. 1987); Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983). Substantial evidence is Richardson, 402 U.S. at 401, 91 S.Ct. 1420 (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 [1938]); accord Walden v. Schweiker, 672 F.2d 835, 838-39 (11th Cir.1982). In McRoberts v. Bowen, 841 F.2d 1077 (11th Cir.1988), the Eleventh Circuit further delineated this standard, stating that substantial evidence "must do more than create a suspicion of the existence of the fact to be established," id. at 1080 (quoting Walden, 672 F.2d at 838).
This Court is therefore called upon to determine whether substantial evidence exists in the record as a whole to support the findings of the Commissioner. Tieniber v. Heckler, 720 F.2d 1251, 1253 (11th Cir.1983) (per curiam); Smallwood v. Schweiker, 681 F.2d 1349, 1351 (11th Cir. 1982); Walden, 672 F.2d at 838. The Court has a duty to "scrutinize the record" in full in order to assess "the reasonableness of the decision reached." Bridges v. Bowen, 815 F.2d 622, 624 (11th Cir.1987) (per curiam). "It is incumbent upon the reviewing court to examine the findings and decision of the [Commissioner] in light of the record in its entirety, not only that evidence which supports the decision." Lamb v. Bowen, 847 F.2d 698, 701 (11th Cir.1988) ().
"A determination that is supported by substantial evidence may be meaningless, however, if it is coupled with or derived from faulty legal principles." Boyd, 704 F.2d at 1209. Thus, the Court must also be satisfied that the Commissioner applied the correct legal standards in making his decision. Id.; Wiggins v. Schweiker, 679 F.2d 1387, 1389 & n. 3 (11th Cir.1982). The Commissioner's determination of the proper legal standards to be applied is not entitled to a presumption of validity, Bridges, 815 F.2d at 624, and failure by the Commissioner to apply the correct legal standards is grounds for reversal, not remand, in most instances, Bowen v. Heckler, 748 F.2d 629, 635-36 (11th Cir.1984).
The scope of this Court's review is constrained by the Eleventh Circuit's instruction in Martin: The Court may not reweigh the evidence, try the case de novo, or substitute its own judgment for that of the Commissioner, even if it finds that the evidence preponderates against the Commissioner's decision. Martin, 894 F.2d at 1529.
The claimant, Bechtold, bears the initial burden of establishing through credible evidence that she was disabled within the meaning...
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