Culbertson v. Barnhart

• Decision Date: 07 February 2002
• Docket Number: No. 5:00CV2739.,5:00CV2739.
• Citation: 214 F.Supp.2d 788
• Parties: Sharon CULBERTSON, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.
• Court: U.S. District Court — Northern District of Ohio

Page 788

214 F.Supp.2d 788

Sharon CULBERTSON, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

No. 5:00CV2739.

United States District Court, N.D. Ohio, Eastern Division.

February 7, 2002.

COPYRIGHT MATERIAL OMITTED

Michael A. Malyuk, Malyuk, Tucker & Gingrich, Akron, OH, for Sharon L. Culbertson.

Kathleen L. Midian, Office of the United States Attorney, Northern District of Ohio, Cleveland, OH, for Jo Anne B. Barnhart, Commissioner of Social Security.

MEMORANDUM, OPINION AND ORDER

LIMBERT, United States Magistrate Judge.

Plaintiff Sharon Culbertson (Plaintiff) filed this action against Defendant Kenneth S. Apfel, the Commissioner of the Social Security Administration¹ (Commissioner) on October 26, 2000. See ECF Dkt. # 1. Plaintiff seeks judicial review of the Administrative Law Judge's decision pursuant to § 205(g) of the Social Security Act, as amended in 42 U.S.C. § 405(g), denying her claim for disability insurance benefits (DIB) under Title II of the Social Security Act (Act). See 42 U.S.C. §§ 401-433. Plaintiff asserts that the Administrative Law Judge (ALJ) committed numerous errors in his April 26, 2000 decision denying her application under Title II of the Social Security Act for DIB, 42 U.S.C. §§ 401-433. See ECF Dkt. # 1, 15, 19.

Plaintiff asserts seven assignments of error in her brief. See ECF Dkt. # 15 at 7. Her contentions fall into two broad categories. See id. First, Plaintiff maintains that the ALJ erred by making medical judgments without relying upon Plaintiff's treating physicians or retaining a medical advisor to provide opinions. See id. Second, Plaintiff argues that the ALJ erred by accepting vocational testimony elicited with a hypothetical that did not contain all of Plaintiff's alleged impairments. See id. For the following reasons, the Court REMANDS the instant case for further explanation and fact-finding.

I. PROCEDURAL HISTORY

Plaintiff filed for Title II benefits on September 14, 1998 alleging disability due to chemical sensitivities, migraine headaches, decreased concentration and narcolepsy. See Tr. at 93. On December 14, 1998 the Social Security Administration (SSA) denied Plaintiff's application for Title II benefits. See Tr. at 95-98. Plaintiff filed a request for reconsideration on February 24, 1999. See Tr. at 99. The SSA denied Plaintiff's request for reconsideration on April 6, 1999. See Tr. at 101-103. Plaintiff subsequently filed a request for hearing on June 7, 1999. See Tr. at 104-105. A hearing was held on March 2, 2000 before an Administrative Law (ALJ). See Tr. at 29-32. Plaintiff, one of her treating physicians, and a vocational expert all appeared as witnesses at the hearing. See Tr. at 37-92.

On April 26, 2000, Plaintiff received an unfavorable decision denying her request for DIB. See Tr. at 37-92. She appealed to the Appeals Council on May 30, 2000, but on October 12, 2000 the Appeals Council denied her request for review, making the ALJ's determination stand as the final decision of the Commissioner. See Tr. at 6-7, 10. On October 26, 2000, Plaintiff filed a complaint in this Court requesting review of the ALJ's decision. See ECF Dkt. # 1. The Commissioner answered on February 26, 2001. See ECF Dkt. # 13. On March 26, 2001 Plaintiff briefed the merits; the Commissioner responded on May 1, 2001 and Plaintiff replied on May 9, 2001. See ECF Dkt. # 15, 18, 19.

II. SUMMARY OF MEDICAL EVIDENCE

Plaintiff primarily relies on two maladies to buttress her claim for DIB benefits: narcolepsy and chemical sensitivity. See ECF Dkt. # 15, 18. The Akron General Medical Center's Sleep Disorder Center originally diagnosed Plaintiff with narcolepsy in August 1994. See Tr. at 172. Dr. J. Rafecus, a neurologist, conducted an overnight polysomnogram on Plaintiff in December 1994. See id. at 186-187. Plaintiff's multiple sleep latency test was strongly positive for narcolepsy with a mean sleep latency of 1.5 minutes and four sleep onset REM periods out of four naps. See id. In June 1997, Dr. S. McPherson, another neurologist, stated that Plaintiff had narcolepsy. See id. at 189. Chart notes from Plaintiff's initial visit in September 1997 to the Cleveland Clinic Neurology Department's Sleep Disorder Center indicate a history of narcolepsy and associated hypnogogic hallucinations, sleep attacks, and severe excessive daytime sleepiness which are only partially relieved by drugs. See id. at 207.

During a psychological evaluation with Dr. Garland DeNelsky in January 1998, Plaintiff explained that she has been constantly tired as a teenager and adult, and thus took stimulants almost continuously for the past twenty years in an effort to function during the day. See Tr. at 196. She stated that she began self medicating at the age of 18 by obtaining most of the stimulants from diet doctors. See id. She also related that she has found herself feeling increasingly tired and sleepy as she has aged and this progression would lead her to take increased doses of stimulants to counteract her fatigue. See id.

In response to state agency questionnaires dated October 1998, Dr. Beth Wildman and Dr. Mary Kay Schwartz, clinical psychologists, opined that Plaintiff had impaired sustained concentration and persistence. See Tr. at 250, 255. In November 1998, Dr. Marianne Raniol reported that Plaintiff's narcolepsy had worsened. See id. at 273. Further, Dr. Raniol also reported that Plaintiff began to complain of migraine headaches and chronic daily headaches at the base of the neck. See id. at 274. Finally, Dr. Raniol pointed out that Plaintiff had difficulties visualizing words after reading for 10 minutes in addition to problems with sustained concentration. See id. at 277.

In December 1998, Dr. Nelson, an anesthesiologist, diagnosed Plaintiff with multiple chemical sensitivity. See Tr. at 308. Dr. Nelson supported his diagnosis by relying upon Plaintiff's symptoms that occurred at her workplace, including eczema, congestion and fatigue. See id. Additionally, Dr. Nelson supported his conclusion by citing Plaintiff's migraine equivalents, her need to sleep after putting gas in her car, her dizziness from exposure to perfume and her asthma symptoms resulting from exposure to chemicals. See id. In January 2000, Dr. Nelson opined that Plaintiff's chemical sensitivity rendered her disabled and recommended avoidance to treat her condition. See id. at 328.

In March 1999, Dr. Wildman, Plaintiff's treating psychologist, opined that Plaintiff's symptoms had gotten much worse and narcolepsy and sleep deprivation impaired Plaintiff's ability to work, not her problems with her psychological state. See Tr. at 317. In December 1998, in a teledictation report, Plaintiff's treating neurologist, Dr. Christopher Sheppard, diagnosed Plaintiff with severe narcolepsy. See id. at 313. Additionally, Dr. Sheppard stated that despite numerous medications Plaintiff's narcolepsy still caused her significant symptoms manifested by excessive daytime somnolence, frequent need for naps, and disturbed sleep at night. See id. at 326. Dr. Sheppard considers Plaintiff disabled by her narcolepsy. See id.

III. SUMMARY OF TESTIMONIAL EVIDENCE

At the hearing held before the ALJ on March 2, 2000, Plaintiff, one of her treating physicians, and a vocational expert all testified. See Tr. at 37-92. Plaintiff testified that she is 38 years old, stands five feet, ten inches tall and weighs 175 pounds. See id. at 40. She lives by herself. See id. at 41. She owns an automobile, but only uses it twice a week traveling to the grocery store/drug store and her doctor's office. See id. at 41. Plaintiff completed school through her sophomore year in college, studying psychology and industrial management. See id.

Plaintiff last worked in April 1998 as a service quality systems auditor. See Tr. at 41. She held this position from approximately 1995 to 1998, and she worked as a quality technician from 1990 to 1995. See id. at 42. During the 1980's, Plaintiff worked as a quality assurance inspector for a medical supply company and as a technician in a rubber lab. See id. at 43.

Plaintiff has had two surgeries, one to remove a uterine growth in December 1999, and another to remove her gallbladder in 1996. See Tr. at 43-44. Two doctors currently provide care to her: Dr. Donald Nelson, an anesthesiologist, and Dr. Christopher Sheppard, a neurologist. See id. Plaintiff sees Dr. Nelson every eight weeks and Dr. Sheppard twice a year, but she speaks with each doctor once a month. See id. Plaintiff currently takes eight prescription medications daily, including four medications for narcolepsy. See id. at 166. She ingests six capsules in the morning, one through four tablets during the day as needed, and two capsules at night to combat the effects of her narcolepsy. See id. Plaintiff complained of various side effects from the stable of medication she takes, including headaches, dry mouth, and stomach problems. See id. at 46.

Plaintiff described the litany of medical impairments from which she allegedly suffers, including migraine headaches, neck and shoulder pain, narcolepsy, sleep apnea, chemical sensitivity/allergies, and depression and memory problems. See ECF Dkt. # 15 at 3. Plaintiff suffers from severe migraine headaches two to three times a week which last several hours to all day long; her migraines differ from the headaches attributed to her medication. See Tr. at 47. Plaintiff experiences neck and shoulder pain daily which she imputes to her diagnosed narcolepsy. See id. Plaintiff was originally diagnosed with narcolepsy in 1994 by the Akron Medical Center's Sleep Lab. See id. at 48. She often fell asleep at work which prompted her to seek medical attention. See id. Plaintiff's narcolepsy progressively got worse and forced her to quit working in April 1998; currently, she often falls asleep two times per day, napping for an hour or two each time. See id. at 50-52. Plaintiff went on long term...