Frazier v. Colvin
| Decision Date | 26 February 2016 |
| Docket Number | C/A No.: 1:15-1819-RMG-SVH |
| Parties | Tajuan Lanika Frazier, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security Administration, Defendant. |
| Court | U.S. District Court — District of South Carolina |
This appeal from a denial of social security benefits is before the court for a Report and Recommendation ("Report") pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.). Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) and § 1383(c)(3) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). The two issues before the court are whether the Commissioner's findings of fact are supported by substantial evidence and whether she applied the proper legal standards. For the reasons that follow, the undersigned recommends that the Commissioner's decision be affirmed.
On April 9, 2012, Plaintiff protectively filed applications for DIB and SSI in which she alleged her disability began on January 30, 2010. Tr. at 82, 83. Her applications were denied initially and upon reconsideration. Tr. at 120-24, 129-30, 131- 32. On November 6, 2013, Plaintiff had a hearing before Administrative Law Judge ("ALJ") Kelly Wilson. Tr. at 47-81 (Hr'g Tr.). The ALJ issued an unfavorable decision on December 16, 2013, finding that Plaintiff was not disabled within the meaning of the Act. Tr. at 25-44. Subsequently, the Appeals Council denied Plaintiff's request for review, making the ALJ's decision the final decision of the Commissioner for purposes of judicial review. Tr. at 1-6. Thereafter, Plaintiff brought this action seeking judicial review of the Commissioner's decision in a complaint filed on April 28, 2015. [ECF No. 1].
Plaintiff was 45 years old at the time of the hearing. Tr. at 55. She completed high school. Tr. at 109. Her past relevant work ("PRW") was as a hair stylist and a call center operator. Tr. at 79. She alleges she has been unable to work since January 30, 2010. Tr. at 82, 83.
On March 21, 2011, Plaintiff presented to Fredric Woriax, M.D. ("Dr. Woriax"), to establish treatment. Tr. at 255. She complained of high blood pressure, and her blood pressure was elevated at 184/108. Tr. at 255-56. She was 50 inches tall, weighed 202.6 pounds, and had a body mass index ("BMI") of 39.6 kg/m². Tr. at 256. She demonstrated no dysfunction on motor examination, and Dr. Woriax noted no abnormalities on physical examination. Tr. at 256-57. Dr. Woriax assessed malignant essential hypertension and dysmetabolic syndrome X. Tr. at 257.
Plaintiff presented to Cherise Fretwell, APRN ("Ms. Fretwell"), for a blood pressure check and medication refills on October 13, 2011. Tr. at 253. She complained of pain in her lower back and bilateral knees and difficulty with ambulation. Id. Ms. Fretwell observed edema, tenderness to palpation, and pain with motion of Plaintiff's bilateral knees. Tr. at 254. She prescribed Diclofenac Sodium and instructed Plaintiff to follow up in three months. Tr. at 255.
Plaintiff presented to Catherine Toomer, M.D. ("Dr. Toomer"), on February 1, 2012, with ongoing and worsening knee pain. Tr. at 252. Dr. Toomer observed Plaintiff to have swelling, tenderness, abnormal motion, crepitus, and pain with motion of her knees. Id. She indicated Plaintiff had an abnormal gait and demonstrated a limp. Id. She referred Plaintiff for x-rays of both knees. Tr. at 253.
On February 22, 2012, Plaintiff presented to Dr. Toomer, to discuss x-ray results. Tr. at 250. She indicated she was experiencing bilateral knee pain and swelling that was worsened by weight-bearing and extended activity. Id. Dr. Toomer observed Plaintiff to have swelling, tenderness on palpation, and pain with motion. Tr. at 251. She referred Plaintiff for magnetic resonance imaging ("MRI") of her knees. Id.
Plaintiff underwent MRIs of her bilateral knees on March 20, 2012. Tr. at 266-67. The MRI of Plaintiff's right knee showed severe chronic degenerative changes of all three compartments and a grossly abnormal medial meniscus that suggested chronic degenerative change with acute superimposed bucket-handle tear. Tr. at 266. The MRI of Plaintiff's left knee indicated severe degenerative changes that were complicated bychondral injury at the medial compartment, complete loss of the medial meniscus, and oblique tear of the anterior lateral meniscus. Tr. at 267.
On May 1, 2012, Plaintiff presented to Kevin Ard, PA-C ("Mr. Ard"), with complaints of numbness in her right thigh and pain in her back, bilateral knees, and right thigh. Tr. at 264. She indicated she did a lot of bending and spent a lot of time on her feet. Id. She denied weakness and swelling. Id. X-rays indicated severe degenerative changes to the medial compartments of Plaintiff's bilateral knees with spurring. Tr. at 263. Mr. Ard indicated Plaintiff walked with a normal gait. Tr. at 264. He observed Plaintiff to have areas of tenderness to the medial aspects of both knees, but to have no obvious edema or effusion. Id. Plaintiff demonstrated normal range of motion ("ROM") to both knees and good strength in her lower extremities. Id. She was 4' 11" tall and weighed 198 pounds. Id. Mr. Ard noted Plaintiff had no tenderness in her lumbar spine, and a straight-leg raising test was negative. Id. He indicated that Plaintiff was most likely to benefit from an injection to her knees, but Plaintiff declined the injection. Id.
Plaintiff presented to Ty W. Carter, M.D. ("Dr. Carter"), on May 29, 2012, for an orthopedic follow up visit. Tr. at 303. Plaintiff complained of intermittent pain in her back and numbness in her right anterior thigh. Id. Dr. Carter observed Plaintiff to have no tenderness in her lumbar spine; full ROM of all her joints and her back; no redness, swelling, or warmth; no decreased sensation in her lower extremities; and good strength throughout. Id. An x-ray showed mild narrowing of the L5-S1 disc space, but no other abnormalities. Id. Dr. Carter indicated he would treat Plaintiff conservatively with Mobic and that Plaintiff may benefit from an MRI of her lumbar spine. Id.
Plaintiff followed up with Dr. Toomer to have her pain medication refilled on June 19, 2012. Tr. at 275. She weighed 199.1 pounds and had a BMI of 38.9 kg/m². Tr. at 276. Dr. Toomer indicated Plaintiff's knee was tender to palpation on ambulation and that Plaintiff complained of pain with motion of her knee. Id. However, she observed no edema, erythema, warmth, induration, or dislocation of the knee. Id. She noted Plaintiff's gait was abnormal and observed Plaintiff to be limping. Id.
On June 25, 2012, state agency medical consultant Rebecca Meriwether, M.D., completed a physical residual functional capacity ("RFC") evaluation and found that Plaintiff could perform work with the following limitations: occasionally lift and/or carry 20 pounds; frequently lift and/or carry 10 pounds; stand and/or walk for a total of two hours during an eight-hour workday; sit for a total of about six hours in an eight-hour workday; occasionally climbing ramps/stairs, balancing, stooping, and kneeling; and never climbing ladders/ropes/scaffolds, crouching, or crawling. Tr. at 88-90. Darla Mullaney, M.D., assessed the same limitations on September 26, 2012. Tr. at 106-08.
On August 21, 2012, Plaintiff presented to Dr. Toomer for medication refills and requested that Dr. Toomer complete disability paperwork. Tr. at 274. Plaintiff complained that her knee pain caused her difficulty with standing, walking, and sleeping. Id. She reported knee joint pain and swelling and indicated her knee had a clicking sensation and would lock up suddenly. Id. Dr. Toomer observed tenderness to palpation and pain with motion of the knee, but noted no edema or erythema. Id. She diagnosed osteoarthrosis of the knee and chronic pain. Tr. at 275.
Plaintiff presented to Gary Fischbach, M.D. ("Dr. Fischbach"), on October 5, 2012. Tr. at 284. She indicated that Dr. Toomer had not filled out disability paperwork and requested that Dr. Fischbach complete it. Id. Dr. Fischbach noted that Plaintiff was instructed to discontinue use of a strap-on stabilizing knee brace because the course of treatment was completed. Id. He indicated Plaintiff weighed 202.2 pounds and had a BMI of 39.5 kg/m². Id. Dr. Fischbach informed Plaintiff that he could not complete the disability paperwork because it would require a functional capacity evaluation ("FCE"). Id. He suggested Plaintiff's attorney contact Hitchcock Rehabilitation to determine if they still performed FCEs. Id.
On November 16, 2012, Plaintiff complained to Dr. Fischbach of pain in her bilateral knees. Tr. at 291. She weighed 204.1 pounds and had a BMI of 39.9 kg/m². Id. Dr. Fischbach noted no abnormalities. Tr. at 291-92. He refilled Plaintiff's medications and instructed her to follow up in three months. Tr. at 292.
On December 10, 2012, Plaintiff indicated to Dr. Carter that her back was doing well, but that she continued to experience bilateral knee pain. Tr. at 302. She requested that Dr. Carter prescribe Tylenol with Codeine and stated that Dr. Fischbach had indicated he would no longer prescribe pain medications. Id. Dr. Carter indicated Plaintiff was not a good candidate for total knee arthroplasty and did not want injections, surgery, or a knee brace. Id. He noted that Plaintiff only wanted for her pain medications to be refilled. Id. He informed Plaintiff that he did not treat long-term pain and that she would need to follow up with a pain management physician. Id. He prescribed Tramadol andtold Plaintiff that she could return to the office if she decided to pursue knee injections or potential surgery. Id.
Plaintiff followed up with Dr. Carter on March 8, 2013. Tr. at 301. She complained of...
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