BLANKS v. ASTRUE
| Decision Date | 07 April 2011 |
| Docket Number | CIVIL NO. 3:08-1092 |
| Parties | LANA P. BLANKS v. MICHAEL J. ASTRUE, Commissioner of Social Security |
| Court | U.S. District Court — Middle District of Tennessee |
OPINION TEXT STARTS HERE
The 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 the plaintiff's claim for Disability Insurance Benefits ("DIB"), as provided by the Social Security Act ("the Act").
Upon review of the Administrative Record as a whole, the Court finds that the Commissioner's determination that the plaintiff could perform her past work during the relevant time period is supported by substantial evidence in the record as required by 42 U.S.C. § 405(g), and that the plaintiff's motion for judgment on the administrative record (Docket Entry No. 12) should be denied.
The plaintiff filed an "amended" application for DIB on April 19, 2005 (tr. 68),1 alleging a disability onset date of February 2, 2004, due to pseudogout in her right hip, arthritis in her back, and recurring back problems. (Tr. 68, 84.) Her application was denied initially and upon reconsideration. (Tr. 49-51, 54-56.) A hearing before Administrative Law Judge ("ALJ") William F. Taylor was held on January 11, 2008. (Tr. 507-28.) The ALJ delivered an unfavorable decision on April 7, 2008 (tr. 16-18), and the plaintiff sought review of that decision by the Appeals Council. (Tr. 15.) While the case was pending before the Appeals Council, the plaintiff amended her alleged onset date to May 23, 2007. (Tr. 489-90.) On September 11, 2008, the Appeals Council denied the plaintiff's request for review (tr. 6-9), and the ALJ's decision became the final decision of the Commissioner.
The plaintiff was born on October 31, 1955 (tr. 68), and was 48 years old as of February 2, 2004, the date she initially alleged as her onset date. She completed high school and received specialized training in office and computer work from Draughon's Business College in 1990 (tr. 89), and she had worked as an administrative assistant, bookkeeper, computer technician, office manager, photocopy supervisor, and telecommunications technician. (Tr. 85.)
In 1993, Dr. Timothy P. Schoettle, a neurologist, examined the plaintiff on multiple occasions (tr. 301-317), diagnosed her with radiculopathy2 and spondylolisthesis,3 which was confirmed by an MRI and CT myelogram (tr. 315-16, 384), and performed a unilateral laminectomy and radicular posterior decompression on her spine. (Tr. 313, 409-10.) Dr. Schoettle performed several post-operative follow-up exams and found that the plaintiff was "doing exceptionally well . . . [and had] total resolution of her left hip and leg pain, with some occasional tingling in the foot, and only minor postoperative pain that has been well controlled with Motrin" (tr. 312) and that her "severe neck pain" and headaches were treatable with Soma4 and physical therapy. (Tr. 311.) In November of 1993, the plaintiff had surgery to correct meningocele.5 (Tr. 301-07, 439-42.)
Between 1994 and 1996, Dr. Schoettle examined the plaintiff on several occasions, noted that the plaintiff was experiencing minimal radiculopathic pain and that her back and hip were improving, and prescribed Daypro.6 (Tr. 293- 300.) Examinations in June and October of 1994 indicated that the plaintiff experienced virtually no radiculopathic pain, minimal pain from standing at length, and some arthritic pain, and that she returned to work with lifting restrictions. (Tr. 299-300.) On January 18, 1996, the plaintiff underwent a carpal tunnel release operation for her right carpal tunnel syndrome. (Tr. 239-40.)
On February 29, 2000, the plaintiff presented to Dr. Robert P. Lagrone, a rheumatologist, with complaints of right ankle swelling, chronic fatigue, and migrating joint pain in her back, knees, and ankles. (Tr. 210, 214.) Dr. Lagrone diagnosed her with "osteoarthritis of the lumbar spine" and myofascial pain,5 and prescribed Vioxx,6 Prednisone,7 and Estratest.8 (Tr. 213-14.) Dr. Lagrone examined the plaintiff in April and November of 2000, noted that she was "doing pretty well with Vioxx" and that "she tends to 'poop out', but I think this is due to poor conditioning, rather than the OA [osteoarthritis] in her knees and back," and prescribed Prednisone. (Tr. 209-10.)
A January 10, 2002, MRI of the plaintiff's spine indicated that she had a disc bulge that "mild to moderately narrow[s] both neural foramina," "efface[s] the cal sac," and "slightly flatten[s] the cord." (Tr. 253-54.) On January 22, the plaintiff presented to Dr. Schoettle with complaints of arm and neck pain and weakness that worsen with sitting and improve with bed rest and that cause her to "drop[] things." (Tr. 286-87.) Dr. Schoettle diagnosed her with a limited range of motion and a central HNP [herniated nucleus pulposus]9 and referred her to physical therapy. (Tr. 284-87.) On January 28, 2002, Ginger Morgan, a physical therapist, evaluated the plaintiff and found that she had no reflexive or motor deficits, a normal range of motion with some discomfort in her cervical vertebrae, and some pain in her right upper extremity. (Tr. 284.) The plaintiff was prescribed a Medrol Dosepak.10 Id.
The plaintiff returned to Ms. Morgan for multiple physical therapy sessions in February of 2002 and, although she made some progress, she continued to complain of central cervical vertebrae discomfort. (Tr. 279-82.) On February 21, 2002, Dr. Schoettle examined the plaintiff and related that she had made "very little progress" with physical therapy and would require surgery to correct her C5-6 disc herniation. (Tr. 278.) On February 25, 2002, Dr. Schoettle performed an anterior cervical C5-6 diskectomy (tr. 273-77) and at a post-operative follow-up examination, the plaintiff reported that she had "no real pain," that aching in her right arm and left elbow had decreased dramatically, that she was not using pain medication, and that she was able to return to work. (Tr. 271.) The plaintiff also reported having upper groin and left thigh pain and Dr. Schoettle prescribed Neurontin11 and Levaquin.12 Id. A March 26, 2002, x-ray of the plaintiff's cervical spine revealed mild cervical kyphosis13 at C4-5 and mild anterior osteophytic changes at C6-7. (Tr. 272.)
On April 23, 2002, the plaintiff presented to Dr. Lagrone with "true hip pain" and he gave her a Bextra14 injection. (Tr. 209.) An April 30, 2002, x-ray of the plaintiff's spine revealed "[c]ervical kyphosis, with very minimal grade I anterolisthesis[15]" and degenerative disc disease at C6-7 with minimal grade I anterolisthesis. (Tr. 270.) The plaintiff also reported to Leslie West, a registered nurse at Dr. Schoettle's office, that she had mild aching in her right arm and "some" right leg pain, that she was no longer experiencing sharp pain, and that she required no pain medication and was working without difficulty. (Tr. 269.) On June 21, 2002, Dr. Lagrone examined the plaintiff, noted that an injection in her right hip had not provided any relief, diagnosed her with CPPD16 ("pseudogout"), and prescribed Vioxx, Prednisone, and Ultracet.17 (Tr. 209, 211.)
On referral from Dr. Lagrone, Dr. Wesley L. Coker examined the plaintiff on June 27, 2002, and diagnosed her with pseudogout of the right hip and prescribed Indocin.18 (Tr. 497.) In July of 2002, Dr. Coker examined the plaintiff on two occasions and found that her right hip condition had not responded to Indocin or steroid injections. (Tr. 495-96.) He opined that he did not "know of any medication that we can give her or anything that we can do that is going to alter the progress of this disease process" and encouraged the plaintiff "just to be active and enjoy life and we will see what happens." (Tr. 495.) Dr. Lagrone also examined the plaintiff in July of 2002, noted that he did not "know anything else to do" for her pseudogout, and proposed that "we simply try different NSAID's [nonsteroidal anti-inflammatory drugs], hoping to find one which is more helpful." (Tr. 209.)
In September and October of 2004, Dr. Douglas C. Beatty, an internist, examined the plaintiff, diagnosed her with hypertension, dyslipidemia, obesity, and pseudogout, and prescribed Diovan.19 (Tr. 179-82.) On December 2, 2004, the plaintiff presented to Dr. Lagrone with complaints of right hip pain and he opined that although hip replacement surgery "maybe [her] only option," she would not be able to have the surgery since she did not have insurance. (Tr. 209.) In January and February of 2005, Dr. Beatty examined the plaintiff, diagnosed her with pseudogout, hypertension, and obesity, and prescribed Decadron,20 Percocet,21 and Soma.22 (Tr. 175-78.) The plaintiff also complained of having neck pain and stiffness. (Tr. 176.) On March 30, 2005, the plaintiff received a steroid injection in her right hip. (Tr. 211, 228.)
In May of 2005, Dr. Beatty completed a Tennessee Disability Determination Section ("DDS") mental evaluation and found that the plaintiff did not suffer from a mental impairment.23(Tr. 173-74.) He also examined the plaintiff and diagnosed her with an infection or subcutaneous cyst. (Tr. 321-22.) From June to December of 2005, Dr. Beatty examined the plaintiff on multiple occasions and diagnosed her with dyslipidemia, obesity, and hypertension. (Tr. 323-30.)
On July 11, 2005, Dr. Janet Pelmore, a DDS consultative examiner, completed a physical evaluation (tr. 183-88) and noted that the plaintiff complained of constant pain in her right hip and lower back. (Tr. 186.) Dr. Pelmore found that the plaintiff did not use an assistive device or need assistance getting on or off the examining table, that her back was not tender, but she could not fully extend her...
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