Grba-Craghead v. Astrue

• Decision Date: 28 October 2009
• Docket Number: Cause No. 4:08CV1894 RWS.
• Citation: 669 F.Supp.2d 991
• Parties: Betty GRBA-CRAGHEAD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.
• Court: U.S. District Court — Eastern District of Missouri

669 F.Supp.2d 991

Betty GRBA-CRAGHEAD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

Cause No. 4:08CV1894 RWS.

United States District Court, E.D. Missouri, Eastern Division.

October 28, 2009.

Donald L. Kohl, Shea and Kohl, Charles, MO, for Plaintiff.

Jane Rund, Office of U.S. Attorney, St. Louis, MO, for Defendant.

MEMORANDUM AND ORDER

RODNEY W. SIPPEL, District Judge.

This matter is before me on a Report and Recommendation to affirm the decision of the Commissioner of Social Security to deny Plaintiff disability insurance benefits. Neither of the parties has filed an objection to this recommendation.

This matter was referred to United States Magistrate Judge Mary Ann Medler for a Report and Recommendation pursuant to 28 U.S.C. § 636(b). Judge Medler issued a Report and Recommendation on October 7, 2009 that recommended that the Commissioner's decision to deny benefits should be affirmed. Judge Medler found that the Administrative Law Judge's determination that Plaintiff was not entitled to benefits was supported by substantial evidence in the record.

Any objections to Judge Medler's Report and Recommendation had to be filed by October 19, 2009. Neither of the parties has filed an objection as of today's date.

Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge Medler is SUSTAINED, ADOPTED AND INCORPORATED herein. The Commissioner of Social Security's decision to deny disability benefits to Plaintiff is affirmed

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

MARY ANN L. MEDLER, United States Magistrate Judge.

This is an action under Title 42 U.S.C. § 405(g) for judicial review of the final decision of Michael J. Astrue ("Defendant") denying the application of Betty Grba-Craghead ("Plaintiff") for Disability Insurance Benefits under Title II of the Social Security Act (the Act), 42 U.S.C. § 401. Plaintiff has filed a brief in support of the Complaint. Doc. 7. Defendant has filed a brief in support of the Answer. Doc. 9. The cause was referred to the undersigned United States Magistrate Judge for a report and recommendation pursuant to Title 28 U.S.C. § 636(b)(1). Doc. 2.

I. PROCEDURAL HISTORY

Plaintiff filed her application for Social Security disability benefits on May 15, 2006, alleging a disability onset date of April 10, 2001.¹ Tr. 87. Plaintiff's application was denied and Plaintiff requested a hearing before an Administrative Law Judge ("ALJ"). Tr. 62. On November 19, 2007 a hearing was held before an ALJ. On December 13, 2007, the ALJ issued a decision finding that Plaintiff was not disabled through the date of the decision. Tr. 12-23. Plaintiff filed a request for review with the Appeals Council, which denied Plaintiffs request on October 20, 2008. Tr. 1-4. As such, the ALJ's decision is the final decision of the Commissioner.

II.

MEDICAL RECORDS:

A Psychology Report completed by Dorothy Spencer, M.A., dated December 15, 1994, states that Plaintiff applied to the DVR to investigate the possibility of her having attention deficit disorder ("ADD") and to explore career potentials; that Plaintiff was given the Wechsler Adult Intelligence Scale, which showed Plaintiff had a full scale IQ of 95, placing her within the range of average intellectual functioning; that Plaintiff was administered the Bender Visual Motor Gestalt Test ("Gestalt Test"), on which Plaintiff completed tasks "within average time limits for this measure"; that the Gestalt test showed that Plaintiff had "problems with psychomotor control, with size discrepancies"; that on the Woodcock Johnson Psychoeducational Battery Plaintiffs responses, according to her age, put her at a fifty-four percentile for reading, eleven percentile for mathematics, and twenty percentile for written language; that on a Rorschach Test Plaintiff showed a "mental/perceptual approach to new or ambiguous situations in which she is capable of analysis of components of the situation in order to arrive at overall meaning"; that the Rorschach Test showed that Plaintiff had the intellectual capacity to achieve her intellectual ambitions," "can see the obvious in common with most people," "has a practical streak" and a "highly creative, inventive manner of approach in situations where she feels comfortable"; and that Ms. Spencer's diagnosis was that Plaintiff had a learning disorder in mathematics. Ms. Spencer further reported that at Axis I, Plaintiff had Attention Deficit Hyperactivity Disorder ("ADHD"), residuals, predominately inattentive type, mild to moderate; post-traumatic stress disorder ("PTSD"), in partial remission due to recent therapeutic counseling; depressive disorder, in partial remission under treatment; and mathematics disorder, severe. At Axis II, Ms. Spencer noted that Plaintiff reported a injured hip. At Axis IV, Ms. Spencer reported that Plaintiff had problems with her primary support group, including a history of physical and sexual abuse; that Plaintiff had occupational problems, including health enforced vocational change; and that Plaintiff had economic problems related to her divorce, loss of house and need for occupational change. At Axis V, Ms. Spencer found that Plaintiff had a GAF of 61. Tr. 293-98.

A Missouri Vocational Rehabilitation Psychological Consultant Worksheet, dated January 14, 1995, completed by J.R. Koller, Ph.D., states that Plaintiff had SLD, ADHD, depression, and PTSD; that Plaintiff had functional limitations with regard to sustained attention and written expression; and that Plaintiff had a history of and treatment for depression and PTSD. Tr. 291.

A Missouri Vocational Rehabilitation Psychiatric Evaluation, dated May 5, 1998, states that Plaintiff was a 45 year old female; that Plaintiff had "a long history of depression"; that Plaintiff had "symptoms of loss of interest, fatigue, decreased concentration, feelings of hopelessness; that Plaintiff had a history of ADD and was prescribed Cylert with "good results"; that Plaintiff was given Paxil "but developed side effects"; that Plaintiff was "on Wellbutrin and [wa]s doing well"; that Plaintiffs mental status was "that of a middle aged, white female who [was] alert and cooperative," with normal "flow of thought," depressed affect, and intact memory; that Plaintiffs insight and judgment were good; that the impression was "major depression, unipolar" and a history of ADD; and that Plaintiffs treatment plan should include Wellbutrin, Cylert, and a check of liver enzymes. Tr. 292.

A progress note from Tri-County Pulmonary Medicine dated January 25, 2000, states that Plaintiff presented with complaints of fumes in her work area which triggered her asthma; that Plaintiff believed if she worked only four days per week she would "feel better"; that Plaintiff had a history of asthma at work; and that her chest "becomes tight" and she coughs. Tr. 232.

A progress note from Tri-County Pulmonary Medicine, dated October 17, 2000, states that Plaintiff presented with complaints of asthma attacks, coughing up liquids, and not "feeling good"; that Plaintiff discussed workers' compensation; that Plaintiff was exposed multiple times to "fumes at work"; and that Plaintiff was given a sample of Flonase. Tr. 231.

A progress note from Tri-County Pulmonary Medicine, dated October 20, 2000, states that Plaintiff presented with tachycardia; that her "plan" included "Xopenex 1.25"; that her "peak flow pre" was 400; and that her "peak flow post" was 400. Tr. 228.

A progress note from Tri-County Pulmonary Medicine, dated November 20, 2000, states that Plaintiff was given a pulmonary stress test, and that Plaintiff reported that she felt "much better." Tr. 229.

Records from Northland Mid-America Orthopedics, dated April 10, 2001, state that Plaintiff was examined for new pain in her left elbow and that Plaintiff had asthma. Tr. 378.

Records from Northland Mid-America Orthopedics, dated May 1, 2001, state that Plaintiff was seen for a recheck examination; that Plaintiffs examination "revealed good healing of her tenosynovitis"; that "no neurological or tendon deficit" was seen; that Plaintiff had "excellent range of motion of her elbow with full extension" and that Plaintiff was given "Indocin SR one b.i.d. for her tenosynovitis." Tr. 378.

Records from Northland Mid-America Orthopedics, dated May 1, 2001, state that Plaintiff "didn't want to take Indocin." Tr. 378.

Records from Northland Mid-America Orthopedics, dated May 22, 2001, state that a "recheck examination" of Plaintiff "revealed good healing of her tenosynovitis"; that there was "no neurologic or tendon deficit"; and that Plaintiff was "instructed to return to the office in one month." Tr. 379.

Records from Northland Mid-America Orthopedics, dated June 19, 2001, state that Plaintiff had "an increase in the amount of her triceps tendinitis" and that Plaintiff was "given a Medrol Dose Pak" and asked "to return to the office in one week." Tr. 379.

A progress note from Tri-County Pulmonary Medicine, dated September 20, 2001, states that Plaintiff presented to have her medication monitored; that she had no exercise routine "but [was] very active"; that her "sinus and breathing [were] about the same"; that she "ha[d] disability papers" and "ha[d] not worked since 10/00"; that she was exposed to diesel fumes and ozone at work; that her chest was clear; and that she was switched to Claritin D and Advair. Tr. 227.

Records from Northland Mid-America Orthopedics, dated February 13, 2003, state that Plaintiff was seen for evaluation of problems with both knees and both elbows; that Plaintiff denied any previous injury; that Plaintiff had "crepitation of the patella" when trying to squat; that Plaintiff had no specific tenderness of the patella or instability in either knee; that Plaintiff had no swelling or effusion; that Plaintiff had tenderness in the joints of her elbows; that Plaintiffs x-rays showed no significant bone...