Beeler v. Carolyn W. Colvin Acting Comm'r of Soc. Sec., Case No. 2:14-cv-00108

Decision Date08 August 2016
Docket NumberCase No. 2:14-cv-00108
PartiesRHONDA J. BEELER, Plaintiff, v. CAROLYN W. COLVIN Acting Commissioner of Social Security, Defendant.
CourtU.S. District Court — Middle District of Tennessee

Judge Sharp

MEMORANDUM

Pending before the Court is Plaintiff's Motion for Judgment on the Administrative Record (Docket Entry No. 16). The motion has been fully briefed by the parties.

Plaintiff filed this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying Plaintiff's claim for Supplemental Security Income ("SSI"), as provided by the Social Security Act ("the Act"). Upon review of the administrative record as a whole and consideration of the parties' filings, the Court finds that the Commissioner's determination that Plaintiff is not disabled under the Act is supported by substantial evidence in the record as required by 42 U.S.C. § 405(g). Plaintiff's motion will be denied.

I. INTRODUCTION

Plaintiff filed an application for SSI on February 14, 2012, alleging a disability onset date of September 20, 2005. The claim was initially denied on October 10, 2011, and upon reconsideration on December 22, 2011. Plaintiff had an initial hearing before an Administrative Law Judge ("ALJ") on June 11, 2013. On July 26, 2013, the ALJ issued a decision denying her claim. Plaintiff timely filed an appeal with the Appeals Council, which issued a written notice of denial on October 1, 2013, thereby making the ALJ's decision the final decision of the Commissioner. This civil action was thereafter timely filed, and the Court has jurisdiction. 42 U.S.C. § 405(g).1

II. THE ALJ FIDNINGS

The ALJ issued an unfavorable decision on July 26, 2013. (AR pp. 53-60). Based upon the record, the ALJ made the following enumerated findings:

1. The claimant has not engaged in substantial gainful activity since May 12, 2011, the application date (20 CFR 416.971 et seq.).
2. The claimant has the following severed impairments: residuals of multiple fractures from a motor vehicular accident; status post multiple surgeries; nerve damage to upper left extremity; obesity; panic disorder with agoraphobia; major depressive disorder; learning disorder, not otherwise specified; posttraumatic stress disorder; bipolar disorder, not otherwise specified; and substance abuse in remission (20 CFR 416.920(c)).
3. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926).
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b), except she is unable to climb ladders, ropes, and scaffolds. She is only frequently able to perform other postural activities. The claimant is unable to reach above shoulder level with her left arm. She is only occasionally able to handle, finger, feel, push, or pull with her left arm. She is able to understand, remember, and carry out simple instructions but is limited to work requiring infrequent changes in work setting and infrequent interaction with public.
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born on August 9, 1973 and was 37 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 CFR 416.963).
7. The claimant has a limited education and is able to communicate in English (20 CFR 416.964).
8. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 416.968).
9. Considering the claimants age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 416.969 and 416.969(a)).
10. The claimant has not been under a disability, as defined in the Social Security Act, since May 12, 2011, the date the application was filed (20 CFR 416.920 (g)).

(AR pp. 53-60).

III. REVIEW OF THE RECORD

The following summary of the evidence of record is taken from Plaintiff's brief, Docket Entry No. 17 at pp. 2-9:

Rhonda Beeler is a 42 year old woman with a 10th grade education. On July 24, 2008, Rhonda Beeler was approved for disability based on severe impairments of fractures of the limbs and spine, permanent nerve damage to her left hand, and low I.Q. resulting in ability to perform sedentary work with only occasional stooping, ability to perform simple tasks, and a limited ability to work independently and deal with work stress. (Tr. 93-101). Ms. Beeler has not had significant improvement since that date. She has had surgery for nonunion of her femur and humerus, she continues to have nerve damage in her right hand, her low I.Q. is unchanged and her depression, PTSD, anxiety and bipolar condition have worsened.
PHYSICAL IMPAIRMENTS
On September 21, 2005, Ms. Beeler was seen at University of Tennessee Memorial Hospital. Orthopedic injuries included right clavicular shaft fracture, right both-arm forearm fracture, left scapular body fracture, left humerus fracture, left ulnar fracture, bilateral femoral shaft fracture, T4-6 spinous process fractures, and L1-5 right transverse process fractures. Associates injuries included bilateral pulmonary contusions, multiple rib fractures, renal contusion, and splenic laceration. She was initially intubated and not following commands. She underwent several surgeries and had a femoral non-union that was grafted in May 2006. In February 2007, she continued to have pain at the non-union area and at the area of the knee. She had some catching of the locking screw when she moved her knee. Radiographs showed some bridging boning anteriorly but still lucency at the fracture site was visible. Locking screws looked intact. Dr. Scott Smithnoted no improvement at that time. He gave options including removing the locking screws, living with the problem using a cane or crutches and modifying activity, and continuing her on Tramadol 15 mg two pills every six hours as he did not plan to do long-term narcotics. Repeat surgery would involve bone grafting. (Tr. 251-265).
Electromyography and nerve conduction studies dated April 13, 2006 reveal severe subacute incomplete involvement of the left radial nerve distal to the innervation of the triceps muscle with good active reinnervation occurring in the brachial radialis, extensor digitorum communis and extensor indices muscles, severe chronic incomplete involvement of the median nerve distal to the innervation of the flexor carpi radialis and pronator teres muscles with reinnervation being complete in the abductor pollicis brevis and flexor pollicis longus muscles, severe chronic incomplete involvement of the ulnar nerve in the forearm with reinnervation acute complete involvement of the ulnar motor fibers innervating the first dorsal interosseous muscle in the forearm with no active motor unit potentials present in that muscle. (Tr. 269-271, 293-296).
In January 2008, she was seen at Nashville General Hospital with left arm pain status post motor vehicle accident. She reported a history of 5 ORIF surgeries to her right hip, right arm, left arm, both upper and lower, and her right leg. She had non-union of both arms and legs. In June 2007, she was involved in a second motor vehicle accident and disrupted the healing process and loosened the hardware even more. She had been incarcerated since the summer of 2007. She had not been smoking or drinking since she had been in prison. She did not have any pain reported in January 2008 but it was difficult for her to use her hand and she had a lot of numbness and tingling in her hand. She had a history of heart murmur, depression, anxiety, neuropathic pain secondary to injury trauma and chronic pain secondary to trauma. Medications included Celexa, Buspar, Ibuprofen, Neurontin, Ibuprofen and Ultram. On January 23, 2008, Dr. Limbird performed a revision fixation of the left humerus. Ms. Beeler was placed in a sling and discharged on Percocet and Morphine. (Tr. 297-330).
On December 10, 2008, Dr. Thomas Limbird admitted Ms. Beeler to Nashville General Hospital for repair of a right femoral nonunion and a left humeral nonunion. (Tr. 293). In December 2009, she returned to Nashville General Hospital for left radial nerve palsy status post motor vehicle accident resulting in left humerus fracture. She had paralysis in the lower extremity secondary to nerve damage. She was unable to make a complete fist secondary to nerve damage. Occupational therapy was ordered twice weekly for two to four weeks. (Tr. 286-292).
On August 5, 2009, documentation from Tennessee Department of Corrections noted that Plaintiff was restricted to sedentary work only with lifting with the right hand only. No lifting with the left arm was allowed. No activity involving potentially dangerous machinery or equipment was allowed. She was assessedwith orthopedic disorder of the right leg and left arm, neurologic disorder of the left arm, hyperlipidemia and multiple fractures. (Tr. 359-360).
On May 25, 2011, providers at the Health department noted that Ms. Beeler had chronic pain. (Tr. 1060). On March 14, 2012, the Health Department noted Ms. Beeler to have hypertension, obesity, neuropathy and low Vitamin D levels. (Tr. 1099).
On June 23, 2012, Ms. Beeler fell on her outstretched arm and injured her left wrist. She was noted to have many orthopedic injuries. (Tr. 1106-1107).
On January 10, 2014, Ms. Beeler had a right ankle fracture that was treated at Cumberland Medical Center. She fell and fractured her ankle and had to have surgery, open reduction and internal fixation. During her hospitalization, it was realized that she had multiple fractures, not during that fall, but during previous falls, and the possibility of osteoporosis of unknown
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