Chavis v. Astrue
| Decision Date | 09 July 2012 |
| Docket Number | Civil Action 2:11-cv-00917 |
| Parties | Robbin E. Chavis, Plaintiff v. Michael J. Astrue, Commissioner of Social Security, Defendant |
| Court | U.S. District Court — Southern District of Ohio |
Plaintiff Robbin E. Chavis brings this action under 42 U.S.C. §§405(g) and 1383(c)(3) for review of a final decision of the Commissioner of Social Security denying her application for Disability Insurance and Supplemental Security Income benefits. This matter is before the Magistrate Judge for a report and recommendation on the parties' cross-motions for summary judgment.
Summary of Issues. Plaintiff Robbin E. Chavis maintains she became disabled at age 42 by psychological impairments, obesity, cystitis, irritable bowel syndrome, migraine headaches, and thorocolumbar scoliosis. Chavis completed two years of college and has worked as an administrative assistant and a customer service representative. She last worked in September 2007. The administrative law judge found that Chavis retained the ability to perform light work involving simple, routine tasks with occasional contact with coworkers and no contact with the public.
Plaintiff argues that the decision of the Commissioner denying benefits should be reversed because:
Procedural History. Plaintiff Robbin E. Chavis filed her application for disability insurance benefits on January 12, 2009, alleging that she became disabled on September 2, 2007, at age 42, by bi-polar disorder, anxiety, depression, and irritable bowel syndrome. (R. 167-76, 210.) The application was denied initially and upon reconsideration. Plaintiff sought a de novo hearing before an administrative law judge. On December 29, 2010, an administrative law judge held a hearing at which plaintiff, represented by counsel, appeared and testified. (R. 47.) A vocational expert also testified. On January 26, 2011, the administrative law judge issued a decision finding that Chavis was not disabled within the meaning of the Act. (R. 26.) On August 26, 2011, the Appeals Council denied plaintiff's request for review and adopted the administrative law judge's decision as the final decision of the Commissioner of Social Security. (R. 1-6.)
Age, Education, and Work Experience. Robbin E. Chavis was born June 30, 1965. (R. 167.) She has a high school education and completed two years of college. (R. 217.) She has worked as an administrative assistant and a customer servicerepresentative at a insurance call center and cell phone call center. She last worked October 19, 2007. (R. 210.)
Plaintiff's Testimony. Plaintiff Robbin Chavis testified that she lived alone in a disability apartment complex. She drove to the grocery store about once a week. She finished the 11th grade in high school and earned her GED. She completed two years of college and earned an associate's degree in criminal justice.
Plaintiff testified that she had problems with her memory. The longest job she held was as a shift leader for Chipotle, which lasted 11 months. She was fired for absenteeism. Her other jobs lasted only approximately two or three months. Her absenteeism was the result of depression and anxiety. She also had nightmares that caused her to lose sleep. She is treated by a psychiatrist for bipolar disorder, post-traumatic stress disorder, and a personality disorder. She also received treatment from a psychologist.
She had a hard time concentrating. Her medications caused her to shake and the resulting embarrassment increased her depression. Lithium caused her to shake, but other medications have not worked as well.
Chavis testified that she had a few friends that she talked to. She enjoyed watching movies, although she had difficulty following a plot.
Chavis testified that she had fibromyalgia. She took Lyrica for fibromyaligia, which provided some relief at times. After undergoing a colon resection, she could no longer lift anything over 10 pounds. She also suffered from migraine headaches andhad arthritis in her feet. She reported that she was depressed and cried a lot. She did not like to be around crowds of people. She was able to use the telephone and the phone book. She did not have a bank account.
She was hospitalized once for attempting suicide. She visited her grandson a couple of times of week, which reduced her suicidal thoughts. She had nightmares and flashbacks every night. She had thoughts of wanting to cut herself to release her emotional pain and transfer it to physical pain. She had frequent diarrhea and had to go to the bathroom seven or eight times a day.
It was her decision to attend vocational rehabilitation. She used to smoke marijuana because she had a poor appetite. She was convicted of forgery in 1999. (R. 52-68.)
Medical Evidence of Record.
Physical Impairments.
Licking Memorial Hospital. On April 11, 2007, plaintiff presented at the emergency room with complaints of migraine headaches. (R. 391.)
On May 2, 2007, plaintiff was admitted for nausea, vomiting, abdominal pain and a headache. (R. 365, 371.) Chavis underwent a CT scan of her abdomen and pelvis. There was no evidence of renal or ureteral lithiasis. (R. 364.) Plaintiff was diagnosed with a urinary tract infection with history of chronic interstitial cystitis. (R. 388.)
On June 14, 2007, plaintiff presented at the emergency room for evaluation of knee pain. (R. 358.) On October 18, 2007, plaintiff was treated at the emergency room fora headache. (R. 347.) On November 16, 2007, plaintiff presented at the emergency room with complaints of a migraine and nausea. (R. 333.)
In March 2009, plaintiff reported having blood in her urine and suprapubic pain. (R. 1222.) She was diagnosed with chronic interstitial cystitis. (R. 1227.)
Angela M. Morris, M.D. On December 14, 2007, Dr. Morris began treating Chavis. Plaintiff reported that she had a falling out with her previous doctor. Plaintiff was diagnosed with bipolar disorder when she was in her 20s. It had worsened in the last 7-10 years. She reported feeling moody and having poor concentration. She said she could not function day-to-day. Xanax had provided some relief. Plaintiff also had severe interstitial cystitis and bad migraines. (R. 879-84.) On January 8, 2008, plaintiff telephoned the nurse and reported that her medication was not working. Plaintiff was instructed to go to the emergency room for evaluation. (R. 890.) On February 14, 2008, plaintiff telephoned the doctor's office following a visit to the emergency room. Plaintiff had continued shortness of breath, and she was instructed to return to the emergency room. (R. 898.)
On April 22, 2008, plaintiff complained of fast-paced breathing while exercising and numbness in her arms. Plaintiff had lost 10 pounds in the past two months from exercising. She was incontinent twice the day before and had back pain. (R. 917-21.)
W. Jerry McCloud, M.D. On April 29, 2009, Dr. McCloud, a state agency physician, reviewed the record and opined that plaintiff's physical impairments were not severe. (R. 1248.)
John Abad, M.D. In August 2009, Dr. Abad, a primary care physician, noted that plaintiff reported having blood in her urine. Plaintiff had severe left flank pain, which was worsened by walking and relieved by Vicodin. (R. 1336-37.)
In September 2009, plaintiff complained of flank pain. (R. 1335.) In November 2009, plaintiff complained of left flank pain after running out of Vicodin, urinary frequency, and blood in her urine. (R. 1386-87.) Plaintiff was ambulatory with a steady gait and appeared comfortable. (R. 1386-88.)
Bodo Knudsen, M.D. In an August 2009 urology consultation, Dr. Knudsen noted that plaintiff complained of urinary frequency, urgency and dysuria. (R. 1344.) She had no episodes of urinary retention. Her bladder was not distended, and she had no flank tenderness. Dr. Knudsen referred plaintiff to Dr. Gilleran for further management of her symptoms. (R. 1345.)
Jason P. Gilleran, M.D. On November 5, 2009, Dr. Gilleran conducted diagnostic procedures on plaintiff's bladder and diagnosed her with mild cystitis. (R. 1588.) A CT scan of plaintiff's abdomen and pelvis showed a possibility of minimal debris in the urinary bladder. (R. 1378.) Retrograde pyelograms were unremarkable. (R. 1585.) Plaintiff's bladder could hold over 1200 ml and did not show any significant petechiae or glomerulations. There was one small area of focal redness. (R. 1585.) The findings were not "necessarily diagnostic for interstitial cystitis." He suspected that her pelvic pain was outside the bladder and suggested additional treatment options. (R. 1585.)
Ralph Graham, M.D. On December 15, 2009, Dr. Graham completed a case analysis and summarized the record as follows:
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