Franklin v. Berryhill
| Decision Date | 23 August 2017 |
| Docket Number | Civil Action No. 4:16-CV-1106 |
| Parties | RONNIE FRANKLIN, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. |
| Court | U.S. District Court — Southern District of Texas |
Plaintiff Ronnie Franklin ("Franklin") seeks judicial review of Acting Commissioner of the Social Security Administration's ("the Commissioner") decisions denying his application for disability insurance benefits and supplemental security income payments under Titles II and XVI of the Social Security Act ("the Act"), respectively. The Parties consented to have this Court decide the matter pursuant to 28 U.S.C. § 636(c) and filed cross-motions for summary judgment. As explained below, the Court DENIES Plaintiff's motion, GRANTS the Commissioner's motion, and DISMISSES the action with prejudice.
On January 3, 2013, Franklin filed an application under Title II for disability insurance benefits, 42 U.S.C. §§ 401-34, and under Title XVI for supplemental security income ("SSI") benefits, id. §§ 1381-83, ging disability beginning April 1, 2011, due to heart problems. R. 11.1 The Commissioner denied these claims initially and on reconsideration. Id. Franklin then requested an administrative hearing before an administrative law judge to review the denial of benefits. Id. Administrative Law Judge D'Lisa Simmons ("the ALJ") held a hearing on April 18, 2014. R. 11, 29-51. Franklin and a vocational expert appeared and testified. On August 22, 2014, the ALJ issued a decision, finding no disability under §§ 216(i) and 223(d) of Title II and § 1614 of Title XVI of the Act. R. 11-26. On February 10, 2016, the Appeals Council denied Franklin's request for review, rendering the ALJ's decision final. R. 18-23; see Sims v. Apfel, 530 U.S. 103, 106 (2000) ().
Franklin then filed his complaint in this case, seeking judicial review of the Commissioner's denial of his Title II and Title XVI claims for benefits. Compl.,ECF No. 1; see 42 U.S.C. §§ 405(g), 1383(a)(2)(B)(xi) (). Franklin argues that the ALJ erred in determining Franklin's residual functioning capacity ("RFC") by failing to include certain mental and physical limitations. Pl. Mot. Summ. J., pp. 6-10, ECF No. 17.
Franklin claims that he suffers from both a physical and mental disability. In his applications for disability benefits,2 Franklin stated that he was suffering from heart problems with an alleged onset date of April 1, 2011. R. 11, 154, 183-87.3 In his application, Franklin stated that his weak heart muscle causes him to become exhausted easily. R. 246. Franklin also noted that he previously had surgeries on his neck and heart. R. 192-93, 218. Franklin stated he had previously worked as a safety inspector, flagman, wood sculpture, and bulldozer operator. R. 20, 196, 207-11. Franklin stated that he stopped working on April 1, 2011, because of his conditions. R. 187.
After the hearing, the ALJ issued a twelve-page opinion. R. 11-26. The ALJ reviewed Franklin's medical records and provided a summary of his medical conditions. The relevant portions of his medical history are summarized below and discussed later in this opinion.
Franklin has been diagnosed with various heart conditions, including, ischemic cardiomyopathy (restriction in blood supply), coronary artery disease (tightening and narrowing of arteries), angina (chest pain), hypertension (high blood pressure), and a prior atrial myxoma (benign tumor). R. 286. The medical records submitted to the ALJ show that Franklin saw a cardiologist, Dr. Siropaides, at the Cardiovascular Association from February, 2012, until September 2013, R. 392-465, and various doctors at Kingwood Medical Center between August 2011 and January 2014. R. 298-381, 466-660.
The records indicate that Franklin first saw Dr. Siropaides at the Cardiovascular Association on February 13, 2012. R. 395. Over the next eighteen months, Dr. Siropaides monitored Franklin's heart with stress tests, imaging, laboratories tests, and echocardiograms (ultrasounds). E.g., R. 397-99, 403, 418. Frequently when Franklin visited Dr. Siropaides, he did not complain of chest pain. E.g., R. 406, 426, 435, 436, 438. Dr. Siropaides also prescribed Franklin medications and refilled them as needed, including Xanax, Metoprolol Tartrate,aspirin, Livalo, Plavix, Zetia, Micardis, and over-the-counter Prilosec. E.g., R. 396, 407, 415-16. These medications were used to treat Franklin's high blood pressure, cholesterol, and to act as blood thinners. Apparently, Dr. Siropaides proscribed the Xanax to treat Franklin's anxiety, but were no notations or reports indicating any treatment other than proscribing Xanax related to Franklin's anxiety.
Franklin also went to the Kingwood Medical Center every few months with complaints of pains in his chest, hip, neck, jaw, abdomen, and hemorrhoids. E.g., R. 325, 370, 466, 524, 611. The hospital monitored Franklin's heart and consulted with Dr. Siropaides at the Cardiovascular Association. The doctors took x-rays of his chest and heart, and conducted EKGs, echo and stress tests. E.g., R. 313, 368-69, 374-77, 466. Franklin had no active diseases of the heart and no evidence of acute cardiopulmonary process (sudden effect on the heart), pulmonary embolism (blood clots in the leg), acute infiltrates (thick substance in the lungs), shortness of breath, labored breathing, paroxysmal, lower extremity swelling, or heart palpitations. R. 359, 374-77. Further, during a stress test and its recovery portion, Franklin exhibited no cardiac symptoms. R. 443. At each visit, Franklin was released the same day with a medicine-based treatment plan.
Franklin also went to the Conroe Regional Medical Center on October 16, 2012. R. 282-97. He complained of chest pain and was examined with an EKG andultrasound. His heart size and lungs were normal. Although he had a left bundle-branch block, a Doppler ultrasound study was unremarkable and he was negative for any inducible ischemia. R. 18-19, 283-84. During an EKG, Franklin appropriately responded to exercise, and his resting EKG and functional capacity were normal. R. 295. Further, his cardiac enzymes were normal, indicating no injury to the heart. R. 284. The doctors treated Franklin with nitroglycerin and prescribed him with the same medication as Dr. Schaeffer at Kingwood Medical Center. Id.
Franklin also underwent three surgeries in relation to his heart. On June 21, 2012, Franklin underwent a coronary angioplasty (surgical repair of his blood vessel), stent placement, and balloon angioplasty. R. 365-67. The surgery was deemed a success and the plan of action was to treat Franklin's heart conditions with long-term aspirin and Plavix therapy along with aggressive blood pressure and lipid control. Id. On September 16, 2013, Franklin underwent a left heart catheterization and angio-seal closure device procedure. R. 493-94. The doctor also examined Franklin's artery with a radiography and cineangiography. R. 493. This surgery was deemed successful and the plan of action was aggressive medical therapy. R. 494. Franklin was examined a week later and had normal valve structures. R. 465. On August 5, 2014, Franklin underwent another left heartcatheterization and angio-seal closure device procedure. R. 713-16. The doctor also took an x-ray to examine Franklin's heart. Id. This surgery was deemed successful and the recommended treatment plan was to optimize medical management for Franklin's coronary artery disease. R. 716.
Before his last two surgeries, on April 30, 2013, at the request and expense of the Department of Assistive and Rehabilitative Services ("DARS"), Dr. Farzana Sahi conducted a consultative examination of Franklin. R. 384-91. Dr. Sahi noted that Franklin was diagnosed with myocarditis (inflammation of the heart muscle), myxoma, frequent premature ventricular contractions, and shortness of breath. R. 384. Franklin complained of sharp chest pain that occurred once a week, but he did not take medication for it. Id. Franklin also complained of neck, back, and shoulder pain. Id. Franklin noted that he had surgery on his neck in 2008. Id. Franklin indicated that he was able to walk half a mile, stand and sit for thirty minutes, lift ten pounds, and had difficulty bending and opening a jar top. Id.
Dr. Sahi examined Franklin and found that he was positive for chest extremity, and chest pain and dizziness, but negative for palpitation, syncope (temporary loss of consciousness caused by a fall in blood pressure), and shortness of breath. R. 385-86. Dr. Sahi found that Franklin was tender in his neck and had a decreased range of motion in his neck, but he was negative for neck pain. Id. Dr.Sahi found that Franklin was able to squat and arise from a squatting position, and bend and touch his fingertips within three inches of the floor without difficulty. Id. Dr. Sahi observed no spine or costovertebral angle tenderness, and his thoracic spine and lumbar spine were non-tender and Franklin's range of motion was good. Id. Dr. Sahi also observed no edema (swelling) in the extremities and a normal range of motion. Id.
Dr. Sahi concluded that Franklin suffered from chest pain based on moderate exertion, Franklin's neck pain appeared to be from degenerative disc disease, and Franklin's back and shoulder examination were normal. R. 387. Dr. Sahi opined that Franklin was able to sit long periods of time, stand and walk for moderate distances, and do moderate lifting. Id. The ALJ gave Dr. Sahi's opinion great weight because it was consistent with the totality of the medical evidence. R. 20.
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