Harmon v. Colvin

• Decision Date: 26 September 2013
• Docket Number: CAUSE NO.: 4:12-CV-10-PRC
• Parties: ADAM B. HARMON, Plaintiff, v. CAROLYN W. COLVIN Acting Commissioner of the Social Security Administration, Defendant.
• Court: U.S. District Court — Northern District of Indiana

ADAM B. HARMON, Plaintiff, v. CAROLYN W. COLVIN Acting Commissioner of theSocial Security Administration, Defendant.

CAUSE NO.: 4:12-CV-10-PRC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION AT LAFAYETTE

So ORDERED: September 26, 2013

OPINION AND ORDER

This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Adam B. Harmon on February 22, 2012, and a Plaintiff's Brief [DE 23], filed by Mr. Harmon on October 17, 2012. Mr. Harmon requests that the November 23, 2010 decision of the Administrative Law Judge denying his claims for disability insurance benefits ("DIB") and supplemental security income ("SSI") be reversed or remanded for further proceedings. On November 20, 2012, the Commissioner filed a response, and Mr. Harmon filed a reply on February 1, 2013. For the following reasons, the Court denies Mr. Harmon's request for remand.

PROCEDURAL BACKGROUND

On August 8, 2007 and August 28, 2007, respectively, Mr. Harmon filed applications for DIB and SSI, alleging an onset date of January 5, 2007. The applications were denied initially on November 1, 2007, and upon reconsideration on April 9, 2008. Mr. Harmon timely requested a hearing, which was held on June 7, 2010, before Administrative Law Judge ("ALJ") Albert J. Velasquez. In appearance were Mr. Harmon, his attorney C. David Little, his mother Vicky Harmon, and vocational expert ("VE") Robert Barber. The ALJ issued a written decision denying benefits on November 23, 2010. He made the following findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2011.

2. The claimant has not engaged in substantial gainful activity since January 5, 2007, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).

3. The claimant has the following severe impairments: degenerative disc disease, late effects of right¹ shoulder injury, osteoporosis, epilepsy and social anxiety disorder (20 CFR 404.1520(c) and 416.920(c)).

4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) provided the work allows the claimant to alternate to a sitting or standing position for 1-2 minutes every hour. Moreover, he is unable to climb ladders, ropes or scaffolds with no more than occasional climbing of stairs or ramps. He is unable to crawl or kneel. He is to have no rapid head or neck movement or overhead work. He should avoid work around unprotected heights, dangerous moving machinery, and should avoid operating a motor vehicle. He should avoid work around open flames or large bodies of water and should not require work at extremes of temperature or humidity. The work should not require more than superficial interaction with the general public, co-workers, or supervisors.

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).

7. The claimant was born [in 1977] and was 29 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date (20 CFR 404.1563 and 416.963).

8. The claimant has at least a high school education and is able to communicate in English (20 FR 404.1564 and 416.964).

9. Transferability of job skills is not material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that the claimant is "not disabled," whether or not the claimant has transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1569, 405, 1569(a), 416.969, and 416.969(a)).

11. The claimant has not been under a disability, as defined in the Social Security Act, from January 5, 2007, through the date of this decision (20 CFR 404.1520(g) and 416.920(g)).

AR 13-21.

On December 28, 2011, the Appeals Council denied Mr. Harmon's request for review, leaving the ALJ's decision the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481. Mr. Harmon filed this civil action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) for review of the Agency's decision.

The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has jurisdiction to decide this case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C. § 405(g).

FACTS

A. Medical Background

At the time of the hearing, Mr. Harmon was 33 years old with a high school education and some vocational training through General Motors. He has worked as an automobile mechanic.

Mr. Harmon has a history of epilepsy, first diagnosed in December of 1993, for which he was prescribed Tegretol.

On July 29, 2001, Mr. Harmon was in a roll-over motor vehicle accident when a tire blew out and he was ejected from his vehicle; he injured his back. Mr. Harmon was treated by Joseph Koscielniak Jr., M.D. at St. Anthony Medical Center for back injuries suffered in the accident; a CT scan and an x-ray revealed an acute compression fracture of the L1 vertebral body.

Mr. Harmon's last grand mal seizure occurred in 2004 or 2005, when he had a seizure in the shower and hooked his left arm on the shower door, resulting in injury to his shoulder and limited range of motion in his shoulder. Mr. Harmon's mother testified that they believe that the seizure was caused by a fluorescent light in the shower, which is now left turned off when he takes a shower.

At an October 11, 2005 visit, Mr. Harmon told Dr. Cristea, his treating physician, that he had not been sleeping well and that he was having trouble working with his arms above his head because that caused neck pain. A November 15, 2005 MRI of the cervical spine revealed multilevel degenerative changes with multilevel degenerative disc disease and loss of normal T2 signal and generalized disc bulging. On April 4, 2006, Mr. Harmon told Dr. Cristea that he was having trouble sitting still, that his limbs would often fall asleep, and that in one instance he experienced right arm and leg paralysis for about five minutes. Mr. Harmon complained of hand pain when doing overhead work. Dr. Cristea diagnosed epilepsy, osteoporosis, pain syndrome with degenerative disc disease, and social anxiety disorder.

Mr. Harmon testified that his doctor said that he has Raynaud's disease, which he said causes his blood to be pulled to the core instead of his extremities, resulting in cold hands and feet. He explained that the cold makes his hands stiff and complicates his osteoarthritis, interfering with his ability to use his hands.

On April 4, 2006, Chirag Patel, M.D. conducted an internal medical consultation following a request from Dr. Cristea. He indicated in his report that he spent an "extensive amount of time" with Mr. Harmon in reference to his internal medicine needs, including chart review. Dr. Patel found Mr. Harmon to be alert and in no apparent distress, resting comfortably in the chair. His impressions were osteoporosis, claudication by history, hypercholesterolemia, chronic fatigue, cold intolerance, and epilepsy. As for the chronic fatigue, Dr. Patel opined that it could be multifactorial, stemming from sleep issues or thyroid issues.

Mr. Harmon testified that he still gets run down easily because he does everything the hard way because he compensates for his back problems. In addition, he does not get much sleep due to an uncomfortable mattress.

Dr. Cristea's treatment notes for June 6, 2006, indicate a report of no epileptic spells, no changes on examination, and diagnoses of epilepsy, osteoporosis, left upper extremity compression fracture, pain syndrome with degenerative disc disease, and social anxiety disorder.

Progress notes for November 21, 2006, indicate that Mr. Harmon "feels okay" and had no shortness of breath or chest pain. Dr. Cristea's treatment notes indicate no change on examination and list diagnoses of epilepsy, osteoporosis, left upper extremity compression fracture, pain syndrome with degenerative disc disease, social anxiety disorder.

Progress notes for December 4, 2006, indicate that Mr. Harmon reported feeling less tired with his thyroid medication, although he still feels cold.

On September 25, 2007, Dr. Cristea wrote in his treatment notes that Mr. Harmon complained of neck, left shoulder, and back pain that is getting worse. Mr. Harmon reported that hecould not work due to pain. Dr. Cristea wrote the notation, "he's disabled." (AR 456). Dr. Cristea found no changes upon examination.

J. Smejkal, M.D. examined Harmon on behalf of the Disability Determination Bureau on September 26, 2007, but did not review any of Mr. Harmon's medical records. Mr. Harmon informed Dr. Smejkal of the 2001 motor vehicle accident and gave a thorough history of his complaints, including epilepsy, degenerative disc disease of the cervical spine, osteoporosis, social anxiety, underactive thyroid, poor circulation in his hand and coldness in his hands, and chronic fatigue. On examination, Dr. Smejkal found no abnormalities other than paraspinal tenderness in the cervical spine with mildly restricted range of motion and pain and stiffness in the left shoulder with restricted range of motion. Dr. Smejkal noted that Mr. Harmon was cooperative and not in any acute respiratory or painful distress; he appeared comfortable in the seated and supine positions; and his memory for recent and remote events was preserved; and his intellectual function was...