Chambers v. Astrue
| Decision Date | 11 January 2013 |
| Docket Number | CIVIL ACTION NO. 1:11-cv-02412-TWT-RGV |
| Parties | JAMES RAY CHAMBERS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
Attached is the Final Report and Recommendation of the United States Magistrate Judge made in this action in accordance with 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72(b), and this Court's Local Rule 72.1. Let the same be filed and a copy, together with a copy of this Order, be served upon counsel for the parties.
Pursuant to 28 U.S.C. § 636(b)(1), each party may file written objections, if any, to the Report and Recommendation within fourteen (14) days of the receipt of this Order. Should objections be filed, they shall specify with particularity the alleged error or errors made (including reference by page number to the transcript if applicable) and shall be served upon the opposing party. The party filing objections will be responsible for obtaining and filing the transcript of any evidentiary hearing for review by the district court. If no objections are filed, the Report and Recommendation may be adopted as the opinion and order of the district court and any appellate review of factual findings will be limited to a plain error review. United States v. Slay, 714 F.2d 1093 (11th Cir. 1983) (per curiam).
The Clerk is directed to submit the Report and Recommendation with objections, if any, to the district court after expiration of the above time period.
IT IS SO ORDERED, this 11th day of January, 2013.
/s/_________
RUSSELL G. VINEYARD
UNITED STATES MAGISTRATE JUDGE
This is an action to review the determination by the Commissioner of Social Security ("the Commissioner") that claimant, James Ray Chambers ("claimant"), proceeding pro se, is not entitled to a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. §§ 401-433 ("the Act"). For the reasons set forth herein, it is RECOMMENDED that the Commissioner's decision denying DIB be AFFIRMED.
Claimant initially filed an application for DIB on April 25, 2005, alleging disability commencing on October 30, 2004, due to coronary artery disease, degenerative disc disease, asthma, arthritis, radiculopathy, chronic obstructive pulmonary disease ("COPD"), chronic neck and back pain, tinnitus, hypertension, and post traumatic stress disorder ("PTSD"). (Tr.1 at 21, 24-26, 90-95, 104, 190). Claimant's application was denied initially and on reconsideration. (Tr. at 47-52, 55-59). Claimant then requested a hearing before an Administrative Law Judge ("ALJ"), which was held on April 3, 2009. (Tr. at 17-46, 60-61). On September 1, 2009, the ALJ, Heather Joys, issued a decision denying claimant's application on the grounds that he had not been under a "disability" as defined by the Act from October 30, 2004, through the date of her decision. (Tr. at 4-16). Claimant sought review by the Appeals Council, and on May 17, 2011, the Appeals Council denied claimant's request for review, making the ALJ's decision the final decision of the Commissioner. (Tr. at 1-2, 1122-24).
Claimant appealed the decision to the district court on July 22, 2011, seeking review of the Commissioner's decision. [Doc. 1]. The matter is now before the Court upon the administrative record and the parties' briefs2 and is ripe for review pursuant to 42 U.S.C. § 405(g).
Claimant was born on November 19, 1954, and he was 54 years old at the time of the ALJ's decision. (Tr. at 15, 22, 90). Claimant has a high school education and completed one year of college, and he has past relevant work experience as a data center operator, computer technical consultant, a software support specialist, and a technical support analyst. (Tr. at 21-22, 39, 105-07, 123-35).
Claimant's medical history shows that he suffered five heart attacks between June of 1987 and the summer of 1995, and that he primarily sought treatment thereafter for coronary artery disease and neck and back pain that occurred as a result of a series of injuries in July of 1999, while he was moving furniture; in May of 2004, when he was moving computer equipment; and in October of 2004, after he was in a motor vehicle accident. See generally [Doc. 6]; see also (Tr. at 302, 308-09, 400, 550, 792-93, 1081).
From January of 1997 through May of 2003, claimant sought treatment from Thomas M. Jordan, M.D. ("Dr. Jordan"), with Cardiovascular Physicians of North Atlanta, P.C. (Tr. at 201-20, 225-27, 233-73, 275-79, 281-307, 389-99, 580-84, 644, 683-87, 701). On January 6, 1997, claimant saw Dr. Jordan for his complaints of chest discomfort and shortness of breath. (Tr. at 302-05). At this time, claimant reported that he experienced chest discomfort occasionally, but that it was always relieved with sublingual nitroglycerin. (Tr. at 302). An electrocardiogram revealed normal sinus rhythm with a rate of 50, left anterior hemiblock, and an old extensive anterior myocardial infarction, and an echocardiogram showed "apical akinesis with other wall motion appearing normal," a "mild mitral regurgitation," and an "[o]verall ejection fraction" of approximately 40 percent. (Tr. at 304, 306-07). Dr. Jordan's assessment at this time was coronary artery disease, hypercholesterolemia, tobacco use, and hypertension, and he adjusted claimant's medicinal regimen, advised him to quit smoking, and scheduled him to undergo a stress test, which he did on January 17, 1997. (Tr. at 201, 304). Specifically, the stress test revealed extensive anterior apical scar with minimal ischemia in the anterior septal region toward the base, inferior scar with minimal peri infarct ischemia, and an enlarged left ventricle, findings which were compatible with an ischemic cardiomyopathy. (Tr. at 201).
Claimant returned for follow up appointments with Dr. Jordan on February 17, May 27, August 13, October 13, and December 8, 1997, during which he continued to complain of occasional chest discomfort and shortness of breath, prompting Dr. Jordan to adjust his medicinal regimen. (Tr. at 292-301). Claimant returned for a follow-up appointment with Dr. Jordan on March 24, 1998, at which time he reported that he was doing fairly well, despite the fact that he had traveled recently and the air pollution caused him to experience some wheezing. (Tr. at 290-91). He reported that he still experienced occasional chest discomfort, which was still relieved by sublingual nitroglycerin. (Tr. at 290). At this time, Dr. Jordan noted that claimant's coronary artery disease was stable, and he adjusted claimant's medicinal regimen. (Tr. at 291). During his follow-up appointment with Dr. Jordan on April 14, 1998, claimant complained of fatigue, diarrhea, shortness of breath, and diaphoresis. (Tr. at 288). An echocardiogram from that date showed "normal chamber dimensions of the right and left heart, normal left ventricular wall thickness, wall motion abnormalities . . ., and mild left ventricular systolic dysfunction." (Tr. at 287). However, "[n]o significant valvular dysfunction [was] appreciated on this study," and there were no significant changes as compared to the echocardiogram performed on January 6, 1997. (Id.). Dr. Jordan continued claimant on his current medicinal regimen. (Tr. at 289).
On April 20, 1998, claimant underwent another stress test at which time the impression was an enlarged left ventricle, anteroapical scar, posterior scar with minimal peri infarct ischemia, anteroapical hypokinesis with a calculated ejection fraction of 35 percent, and no significant change from the stress test performed on January 17, 1997. (Tr. at 286, 393). The following day, claimant saw Dr. Jordan for his follow-up appointment at which time they discussed the results of the stress test and claimant's complaints of diarrhea and shortness of breath. (Tr. at 284-85). Dr. Jordan adjusted claimant's medicinal regimen and advised him that if he continued to have further symptoms, he would consider an evaluation by an infectious disease specialist as his ischemic cardiomyopathy was stable. (Tr. at 285). However, on May 19, 1998, claimant saw Dr. Jordan and continued to complain of shortness of breath. (Tr. at 282). Claimant reported that he had been evaluated for his rectal bleeding and there was no evidence of infectious hepatitis. (Id.). Dr. Jordan continued claimant's current medicinal regimen and discussed performing diagnostic right and left heart catheterization in order to determine why he was suffering from shortness of breath and occasional chest discomfort. (Tr. at 283).
On May 20, 1998, Dr. Jordan wrote a letter addressed "To Whom It May Concern," in which he stated:
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