Cheuvront v. Comm'r of Soc. Sec.
| Decision Date | 23 December 2019 |
| Docket Number | Case No. 5:19-cv-00360 |
| Parties | BRIAN CHEUVRONT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. |
| Court | U.S. District Court — Northern District of Ohio |
MEMORANDUM ORDER AND OPINION
Plaintiff, Brian Cheuvront, seeks judicial review of the final decision of the Commissioner of Social Security, denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act. This matter is before me pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3) and the parties consented to my jurisdiction under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. ECF Doc. 11. Because the Administrative Law Judge ("ALJ") applied proper legal standards and reached a decision supported by substantial evidence at Steps Two, Four, and Five, and because any error at Step Three was forfeited or harmless, the Commissioner's final decision denying Cheuvront's applications for DIB and SSI must be AFFIRMED.
On August 6, 2015, Cheuvront applied for DIB and SSI. (Tr. 367-76).1 Cheuvront alleged that he became disabled on June 27, 2015 due to "multiple sclerosis, heart condition (stents), diabetes, back (surgery), numbness in leg as result, club[bed] foot, sleep apnea, [and a] blood disorder." (Tr. 397). The Social Security Administration denied Cheuvront's applications initially and upon reconsideration. (Tr. 224-75). Cheuvront requested an administrative hearing. (Tr. 311-12). ALJ Gregory Beatty heard Cheuvront's case on August 31, 2017, and denied the claim in a November 8, 2017, decision. (Tr. 17-34, 174-211). On October 17, 2018, the Appeals Council granted Cheuvront's request for review, proposed that it would adopt the ALJ's finding that Cheuvront was not disabled, and invited Cheuvront to submit additional evidence and comments. (Tr. 362-66). Cheuvront submitted additional evidence but did not submit any comments. (Tr. 4). On December 19, 2018, the Appeals Council reviewed Cheuvront's case, adopted the ALJ's decision in full, with additional commentary, and denied Cheuvront's claims. (Tr. 4-8). On February 18, 2019, Cheuvront filed a complaint to seek judicial review of the Commissioner's decision.2 ECF Doc. 1.
Cheuvront was born on May 20, 1974. (Tr. 26). He was 41 years old on the alleged onset date and 43 years old on the date of the ALJ's decision. (Tr. 26, 28). Cheuvront graduated from high school, and he was able to communicate in English. (Tr. 27). He had previous work as a bending machine operator; however, the he was no longer able to perform any of his pastrelevant work and transferability of skills was irrelevant to the Commissioner's decision. (Tr. 26-27).
On September 9, 2013, Cheuvront saw Toni King, MD, for a diabetes checkup. (Tr. 688-90). Dr. King noted that Cheuvront was compliant with his treatment, which gave him good control of his symptoms. (Tr. 688). Cheuvront denied any extremity pain or numbness, but said that he had back pain, joint stiffness, decreased memory, headaches, poor balance, tremors, weakness, and tingling. (Tr. 689). On examination, Dr. King noted that Cheuvront had normal gait, station, and posture. (Tr. 690). He had resting hand tremors, but no tremors with an outstretched hand. (Tr. 690). Dr. King directed Cheuvront to continue monitoring his blood sugars and using insulin. (Tr. 690). At follow-ups on February 3, June 30, and October 27, 2014, Dr. King did not note any significant changes in Cheuvront's condition or treatment, except that in October he had an additional diagnosis of deep vein thrombosis and reported feeling tired. (Tr. 675-77, 680-82, 684-86). On April 13, 2015, Dr. King noted that she was concerned about Cheuvront's ability to control his glucose levels and recommended taking an insulin dose at lunchtime. (Tr. 671). Cheuvront reported difficulty breathing on exertion, decreased exercise tolerance, back pain, decreased memory, and some numbness/tingling. (Tr. 672). Nevertheless, Dr. King's examination findings remained generally the same, she continued his medications, and she recommended physical therapy and dieting for weight loss. (Tr. 673-74). At follow-ups on May 11, August 18, and November 11, 2015, and March 8, 2016, Dr. King noted some improvement in Cheuvront's ability to control his glucose levels, but also noted that he continued to have periods of hypoglycemia. (Tr. 662-67, 788-90, 792-94). Dr. King recorded that Cheuvront had gained 20 pounds following the March 2016 examination, but his condition otherwise remained generally the same. (Tr. 789-90). On July 6, 2017, Dr. Kingnoted that Cheuvront reported neurological tingling and weakness and said that he had been taking his insulin 2 hours after his meals without explanation. (Tr. 1019). On examination, he had no noted cardiovascular or musculoskeletal issues, normal memory, and well-controlled hypertension. (Tr. 1022). Dr. King recommended regular aerobic exercise, continued his medications, and directed him to take his insulin with his meals. (Tr. 1022).
From November 4, 2013, through June 5, 2017, Cheuvront saw Laura Zelasko, CD, for a total of 44 chiropractic sessions to treat his back pain. (Tr. 724-32, 912-18, 1089-93). On October 10, 2015, Dr. Zelasko wrote a letter, stating that she had treated Cheuvront for acute pain in his back, numbness in his leg, multiple sclerosis, diabetes, club foot, and neck pain. (Tr. 722). Dr. Zelasko said that Cheuvront's "response to treatment has been favorable in the respect that he receives relief from symptoms and improved function." (Tr. 722). Nevertheless, Dr. Zelasko said that Cheuvront's relief was only temporary, and that she did not think he would recover from his permanent conditions. (Tr. 722).
On November 27, 2013, Cheuvront told Miriam Zidehsarai, DO, that he'd had diabetes mellitus for nine years, six cardiac stents placed in 2009, blood in his urine, and kidney stones. (Tr. 477). On examination, Dr. Zidehsarai noted that Cheuvront was alert, oriented, well-nourished, and well-developed. (Tr. 478). She diagnosed Cheuvront with chronic kidney disease. (Tr. 478). At follow-ups on March 10, 2014, and March 12, 2015, Dr. Zidehsarai noted that Cheuvront's kidney disease was stable, and that he was alert, oriented, and had a normal gait. (Tr. 478, 483).
On March 17, 2014, Roswell Dorsett, DO, noted that Cheuvront's multiple sclerosis was stable, he had diabetic neuropathy, and he was in stage one renal failure but had no new symptoms or exacerbations. (Tr. 472). On examination, Dr. Dorsett noted that Cheuvront wasalert and oriented; had no tremors; and had normal attentiveness, memory, muscle tone, strength, coordination, gait, reflexes, and sensation. (Tr. 472).
On May 28, 2014, Cheuvront saw Heather Thomas, MD, for treatment of his hypertension and diabetes. (Tr. 492). Cheuvront told Dr. Thomas that he was working on his diet, described himself as "active," and said that he regularly walked for exercise. (Tr. 492-93). Cheuvront complained of fatigue, but denied any dizziness, weakness, gait disturbance, and imbalance. (Tr. 492-93). On examination, Dr. Thomas noted that Cheuvront had a normal gait and normal station, and she prescribed Crestor for Cheuvront's high cholesterol. (Tr. 496).
On June 19, 2014, Howard Minott, MD, treated Cheuvront for a kidney stone. (Tr. 612). Cheuvront said that he did not have any pain, including no back pain, and that he had a history of passing kidney stones. (Tr. 612). Dr. Minott noted that Cheuvront's hypertension was well-controlled, his diabetes was stable, and his kidney stones were stable. (Tr. 612). On examination, Dr. Minott noted that Cheuvront's back appeared within normal limits and he had normal gait, station, range of motion, muscle strength, and digits. (Tr. 614). Dr. Minott did not recommend any medical interventions and scheduled a follow-up appointment. (Tr. 616). At a follow-up on August 4, 2015, Cheuvront reported a kidney stone, without abdominal or low back pain. (Tr. 619). Dr. Minott again noted that all of Cheuvront's conditions were stable and recommended continued observation without intervention. (Tr. 620, 622).
On July 5, 2014, Cheuvront went to the emergency room due to "redness" and pain in his left leg. (Tr. 634). Cheuvront rated his pain as a 5/10 and said that it lasted throughout the day. (Tr. 634). On examination, John Robinson, DO, noted that Cheuvront had inflamed hematoma or varicosity, but his muscle strength, sensation, and reflexes were intact. (Tr. 635). Dr. Robinson diagnosed Cheuvront with phlebitis and possible cellulitis and gave Cheuvront arule-out diagnosis of deep vein thrombosis. (Tr. 635). He prescribed Ultram, Naprosyn, Keflex, and Lovenox. (Tr. 635).
On July 6, 2014, Saneka Chakravarty, MD, took a venous duplex image of Cheuvront's left leg. (Tr. 525, 568, 644). Dr. Chakravarty found that there was an acute thrombosis in Cheuvront's left leg, but his other veins were patent and there was no evidence of deep vein thrombosis. (Tr. 525, 568, 644).
On July 9, 2014, Dr. Thomas noted that Cheuvront's symptoms had not improved or worsened since his July 5 emergency room visit. (Tr. 497). Cheuvront told Dr. Thomas that he was active and regularly walked for exercise, and Dr. Thomas noted that Cheuvront's various medical conditions were controlled through medication. (Tr. 498-99). On examination, Dr. Thomas noted that Cheuvront had a normal gait and station. (Tr. 499). Dr. Thomas recommended that Cheuvront take 600mg of ibuprofen 3 times per day, use a warm compress and elevation on his leg, and go to the emergency room if he had chest pain, dyspnea, or hemoptysis. (Tr. 500).
On July 10, 2014, Cheuvront went to the emergency room because pain and "redness" in his left leg had spread and gotten worse. (Tr. 636). Katherine Bulgrin,...
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