Garvin v. Astrue
| Decision Date | 26 July 2011 |
| Docket Number | No. 3:10:0498,3:10:0498 |
| Parties | THOMAS LEE GARVIN v. MICHAEL J. ASTRUE, Commissioner of Social Security |
| Court | U.S. District Court — Middle District of Tennessee |
The plaintiff filed 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 denying him Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act ("the Act").
Upon review of the Administrative Record as a whole, the Court finds that the Commissioner's determination that the plaintiff could perform unskilled and sedentary work during the relevant time period is supported by substantial evidence in the record as required by 42 U.S.C. § 405(g), and that the plaintiff's motion for judgment on the administrative record (Docket Entry No. 11) should be denied.
The plaintiff filed his initial applications for DIB and SSI in August of 2003, alleging a disability onset date of March 17, 2003, due to back pain. (Tr. 67-69.) His applications weredenied initially and upon reconsideration and he did not seek further review of those applications. (Tr. 28, 30, 32, 37, 39.) The plaintiff reapplied for DIB on August 4, 2004, and for SSI in September of 2005.1 (Tr. 16, 25.) His applications were denied initially and upon reconsideration. (Tr. 41-48.) A hearing before Administrative Law Judge ("ALJ") Robert Haynes was held on April 16, 2008. (Tr. 469-97.) The ALJ delivered an unfavorable decision on June 27, 2008 (tr. 16-24), and the plaintiff sought review by the Appeals Council. (Tr. 11-12.) On March 23, 2010, the Appeals Council denied the plaintiff's request for review (tr. 6-8), and the ALJ's decision became the final decision of the Commissioner.
The plaintiff was born on June 6, 1964, and was 38 years old as of March 17, 2003, his alleged onset date. (Tr. 25.) He completed the ninth grade (tr. 473) and worked as a high rise window cleaner and as a stocker at a grocery store. (Tr. 122, 477.)
Between August of 2001 and January of 2003, the plaintiff went to Vanderbilt University Hospital Department emergency room ("VUH") on four occasions with complaints of lower back pain and he was diagnosed with lumbar back pain and "probable" disk herniation, was prescribed Flexeril,2 Lortab,3 and Motrin, and was referred to Vine Hill Community Clinic("Vine Hill"). (Tr. 256-62.) The plaintiff presented to Vine Hill on two occasions in January of 2003, and he was found to have significant range of motion reductions in leg flexion and pelvic movement, was diagnosed with back pain, and was prescribed Lortab, Flexeril, and Ibuprofen. (Tr. 253-56.)
On February 25, 2003, the plaintiff presented to Vanderbilt Outpatient Neurosurgery Clinic ("VONC") with complaints of lower back pain. (Tr. 247-52.) Dr. Paul Boone, a neurosurgeon, examined the plaintiff and noted that bending and twisting exacerbated his back pain. (Tr. 248.) Dr. Boone diagnosed the plaintiff with lower back pain and lumbar spondylitic disease, recommended that he undergo a lumbar fusion procedure, and prescribed Soma4 and Lortab. (Tr. 247-52.) On March 17, 2003, the plaintiff was hospitalized for a "[p]osterior lumbar interbody fusion," a "decompressive lumbar laminectomy," and a "bilateral pedicle screw fixation." (Tr. 238-42.) On March 20, 2003, the plaintiff was discharged and prescribed OxyContin,5 Soma, and Lortab.
On July 29, 2003, the plaintiff returned to VONC with complaints of lower back pain and he reported that he was able to walk without significant lower back pain but that prolonged standing, bending, and twisting exacerbated his lower back pain. (Tr. 235-36.) Dr. Boone diagnosed the plaintiff with "persistent, intermittent axial and mechanical low back pain," noted that he was "essentially stable with respect to his symptomology," encouraged him to perform his physical therapy at home, and prescribed Lortab and Soma. (Tr. 235-37.) The plaintiff returned to Dr. Boone in October of 2003, and in January of 2004, with complaints of radiating lower back pain and related that standing and walking did not affect his back pain but twistingand bending exacerbated it. (Tr. 228-34.) Dr. Boone diagnosed the plaintiff with "persistent and constant mechanical low back pain" and prescribed Lortab, Soma, OxyContin and Baclofen.6 Id.
On June 15, 2004, the plaintiff returned to Vine Hill with complaints of lower back pain that varied between a six or seven out of ten in severity and he was diagnosed with chronic lower back pain and prescribed Soma and Lortab. (Tr. 226-28.) On June 29, 2004, Dr. Boone examined the plaintiff, diagnosed him with back pain and lumbar spondylosis, and prescribed Lortab and Soma. (Tr. 224-26.)
Between January of 2004 and January of 2007, the plaintiff presented to Tennessee Professional Associates ("TPA") on multiple occasions for management of his back pain. (Tr. 311-70.) The plaintiff was diagnosed with chronic lower back pain due to post laminectomy syndrome, anxiety, and insomnia; was given back strengthening exercises; and was prescribed OxyContin, Lortab, Pepcid,7 Soma, Xanax, Elavil8 , and a transcutaneous electrical nerve simulation ("TENS") unit.9 Id. Treatment notes from the TPA indicated that the plaintiff exhibited "no side effects from" and no "evidence of addiction to" his medication. Id.
On August 25, 2005, the plaintiff presented to Centennial Medical Center ("Centennial") emergency room with complaints of an infected wound in his lower back that formed near his previous surgical incision. (Tr. 416-18.) The plaintiff was admitted to the hospital and found to have a steady gait (tr. 416) and "[g]ood motor strength in both upper and lower extremities" (tr. 421); diagnosed with "probable discitis," an infected back wound, and anemia; andprescribed intravenous antibiotics. (Tr. 414-22.) August 26, 2005, MRIs of the plaintiff's lumbar spine and thoracic spine revealed diskitis and disc bulges (Tr. 439-42.) On September 9, 2005, the plaintiff was discharged from Centennial, was found to have "[g]ood motor strength in both upper and lower extremities," and was diagnosed with diskitis, malnutrition, anemia, abdominal pain, and septicemia.10 (Tr. 419-20.)
The plaintiff also had multiple medical assessments and evaluations regarding the severity of his lower back pain. On December 15, 2004, Dr. R. Payne, an examining consultative physician with Alternative Testing Services, Inc., completed an assessment (tr. 26472) and found that the plaintiff's range of motion in his cervical spine was normal, that his dorsolumbar spine range of motion was reduced, and that his strength was five out of five in all major muscle groups. (Tr. 268.) Dr. Payne concluded that in an eight hour workday the plaintiff could lift/carry 20 pounds occasionally and 10 pounds frequently, stand/walk for at least two hours, and sit for six hours. (Tr. 271.)
On January 4, 2005, Dr. Nathaniel Robinson, a DDS non-examining consultative physician, completed a Physical Residual Functional Capacity Assessment ("RFC") (tr. 274-81) and found that the plaintiff could lift/carry 20 pounds occasionally and 10 pounds frequently, and stand/walk or sit for six hours in an eight hour workday. (Tr. 275.) Dr. Robinson opined that the plaintiff's ability to push/pull was not limited and his ability to climb, balance, stoop, kneel, crouch, and crawl was occasionally limited due to back pain. (Tr. 275-76.) Dr. Robinson also noted that Dr. Payne's medical assessment "appears overly restrictive for standing since the claimant has no neurological deficits and no trouble getting on and off the examination table." (Tr. 280.)
On April 26, 2006, Dr. Bruce Davis, a DDS examining consultative physician, completed a medical assessment (tr. 283-85) and found that the plaintiff could lift/carry 10 to 20 pounds occasionally and 10 pounds frequently and in an eight hour workday could stand/walk for four hours and sit for eight hours. (Tr. 285.) Dr. Davis opined that the plaintiff's ability to bend, squat, and climb was limited and that he should avoid "exposure to liver damaging chemicals." Id. He also noted that the plaintiff's thoracolumbar flexion was reduced and that he had a "slow stiff gait." (Tr. 284.)
On May 30, 2006, Dr. Thomas L. Pettigrew, Ed.D., a DDS examining consultative psychologist, completed a psychological evaluation (tr. 286-289A) and noted that the plaintiff drove himself to the appointment and that he was able to walk without obvious impairment. (Tr. 286.) Dr. Pettigrew opined that the plaintiff showed no signs of depression, anxiety, or psychosis, maintained socially appropriate behavior, and "revealed no evidence of impaired attention, concentration, or ability to complete simple tasks." (Tr. 289.) The plaintiff related that he "is independent in meeting all of his personal needs," drives, does laundry, shops, and does minimal household chores. Id.
On June 12, 2006, Dr. Denise Bell, a DDS non-examining consultative physician, completed a physical RFC (tr. 290-95) and found that the plaintiff could lift 20 pounds occasionally and 10 pounds frequently and that in an eight hour workday stand/walk for at least two hours and sit for about six hours, but that he must periodically alternate between sitting and standing. (Tr. 291.) Dr. Bell also noted that the plaintiff was able to frequently climb, balance, stoop, kneel, and crawl. (Tr. 292.)
On June 12, 2006, Dr. George T. Davis, Ph.D., a non-examining DDS consultant, completed a Psychiatric Review Technique Form ("PRTF") (tr. 296-309) and diagnosed theplaintiff with dependent personality disorder traits and a substance abuse disorder. (Tr. 303-04.) Dr. Davis concluded that the plaintiff's activities of daily living were not...
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