Hetley v. Colvin
| Decision Date | 08 January 2014 |
| Docket Number | Case No. 4:13-CV-314 (CEJ) |
| Parties | DAVID M. HETLEY, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Eastern District of Missouri |
This matter is before the Court for review of an adverse ruling by the Social Security Administration.
On May 27, 2010, plaintiff David Hetley filed applications for supplemental security income, Title XVI, 42 U.S.C. §§ 1381 et seq., and disability insurance benefits, Title II, 42 U.S.C. §§ 401 et seq., with an alleged onset date of September 10, 2009. (Tr. 94-95; 232-35). After plaintiff's applications were denied on initial consideration (Tr. 74-79), he requested a hearing from an Administrative Law Judge (ALJ). (Tr. 70).
Plaintiff and counsel appeared for a hearing on July 6, 2011. (Tr. 282-313). The ALJ issued a decision denying plaintiff's applications on August 10, 2011 (Tr. 13-21), and the Appeals Council denied plaintiff's request for review on January 2, 2013. (Tr. 3-5). Accordingly, the ALJ's decision stands as the Commissioner's final decision. See 42 U.S.C. § 405(g).
In his Disability Report (Tr. 137-47), plaintiff listed his disabling conditions as gout, arthritis in his shoulders and knees, and gallbladder problems. In the past, plaintiff worked as a forklift driver for a variety of warehouses and trucking businesses. Plaintiff reported taking steroids for arthritis and Vicodin for pain. In his updated disability report submitted on appeal (Tr. 98-107), he wrote that his arthritis had worsened and he had gained weight from his medication. He listed his current medications as Mobic, Prednisone, Allopurinol, and Uloric for gout, and Aleve for pain. He noted that he has experienced severe side effects from all of these medications.
In his Function Report (Tr. 108-36), plaintiff wrote that he lives alone in a house. On an average day, he wakes up, takes medicine, and then, depending on his pain level, does household chores or lies down. He prepares and eats sandwiches and microwavable meals. His shoulder pain makes it difficult for him to dress himself and brush his hair, and he has problems bathing and using the toilet due to his knee pain. He goes outside once a day to get the mail, and goes to the grocery store once per month. Approximately once per week, he socializes and spends time with others. He is no longer able to run, jump, play ball with his son, fish, work on cars, play the guitar, or go out with friends on the weekends.
He stated that his condition affects lifting, squatting, bending, standing, reaching, walking, sitting, kneeling, stair climbing, completing tasks, and using his hands. He estimated that he can lift a maximum of 20 to 30 pounds, and can walk approximately 100 feet before he needs to rest for 10 to 20 minutes. He sometimes uses a cane and walker to walk or to sit; these aids were prescribed when he was in a car accident in 2001.
At the time of the hearing, plaintiff was 34 years old, 5'9" tall, and weighed 256 pounds. Plaintiff explained that his normal weight was 150 to 180 pounds, but his medication caused him to gain weight. He confirmed that he has a high school education, and was previously employed as a forklift driver. This work was "off and on," depending on the season. When he could not find work driving a forklift, he sought other employment and was a cook in a bar for a few months. He ultimately left his job driving forklifts because he could no longer climb on and off the forklift due to the pain in his knees. He also could no longer lift heavy objects because his hands and knees were swollen. He takes only over-the-counter medications, such as Ibuprofen and Tylenol, because he is allergic to the medications his doctors have prescribed.
Plaintiff testified that he has gout flares that cause swelling in his toes, knees, wrists, and fingers. He stated that his hands swell several times per week, and remain swollen for days at a time. When his hands are swollen, he can move his fingers but cannot make a fist. During episodes of extreme swelling, he cannot pick up a pen. He stated that he can no longer play the guitar, because he has difficulty holding the instrument and touching the strings. When plaintiff's knees swell, he is unable to climb a flight of stairs. He can walk to the mailbox and back, but has difficulty bending over, and must use a walker to help him sit on the toilet.
Plaintiff stated that he spends most of his day lying down. His family members come to his home to do his chores. Plaintiff makes his own microwave dinners and sandwiches. His doctors have advised him to change his diet and stop drinking alcohol to prevent gout flares. He stated that he complies with these recommendations for the most part, but has not noticed an improvement in his gout. He still consumes about six alcoholic drinks per month.
In addition to gout, plaintiff testified that he suffers from gallbladder pain. Plaintiff estimated that he could sit upright for half an hour before his gallbladder starts to hurt. Plaintiff also explained that he has pain and a limited range of motion in his shoulder due to injuries sustained in a serious car accident in 2001. His spleen was removed after the same accident. (Tr. 282-307).
Rita Payne, Ph.D., a certified disability management specialist, testified as a vocational expert. The ALJ asked Dr. Payne about the employment opportunities for a hypothetical individual with plaintiff's education, age, and past work experience, who is capable of performing at the sedentary exertion level and is limited to frequent use of both upper extremities for fine manipulation. Dr. Payne testified that such an individual would be unable to perform past work, but could be employed as a dispatcher (571 positions in Missouri and 25,900 positions nationally), a protective/surveillance service monitor (340 positions in Missouri and 17,500 positions nationally), and a call out operator (153 positions in Missouri and 14,000 positions nationally). The ALJ then altered the hypothetical and asked which jobs would be available if that same individual could use his upper extremities for fine manipulation and fingering only occasionally. Dr. Payne responded that such an individual could still be employed as a dispatcher, protective/surveillance service monitor, and a call out operator. Finally, the ALJ asked if that individual, in addition to only occasional use of upper extremities for fingering, had the additional limitation of needing to lie down during breaks. Dr. Payne testified that there was no work such a person could perform. (Tr. 307-313).
On November 13, 2008, plaintiff went to the hospital emergency room with joint pain. He reported having gout and other undiagnosed arthropathy for years. His knees and wrists were painful and swollen, and he appeared to be in mild pain. Plaintiff's sensory and motor skills were intact. The examining physician diagnosed plaintiff with arthropathy at multiple sites and prescribed Prednisone and Vicodin. (Tr. 207-18).
On April 16, 2010, plaintiff was admitted to the hospital. His chief complaint was a fever, and he also had bilateral knee swelling and pain. Orthopedic surgeons aspirated plaintiff's knee joints, and the fluid removed tested positive for uric acid. An abdominal ultrasound of plaintiff's gallbladder revealed some gallstones (cholelithiasis) as well as sludge, but there was no indication of cholecystitis.1 Bilateral knee x-rays were negative, as was a chest x-ray. Plaintiff was started on steroids, which lessened his pain, and he was given a walker to help him move about his hospital room.
Attending physician Vikram Patney, M.D., wrote that plaintiff had a history of gout, but had not complied with his primary care physician's recommendation to get an MRI scan of his knee because he was uninsured. Therefore, Dr. Patney contacted social services, and plaintiff was given resources for inexpensive medications including $4.00 prescriptions at Walmart and the grocery store. Dr. Patney observed that plaintiff was alert, oriented, and not in acute distress, and that plaintiff had edema of both knees, an effusion on the right side, and tenderness at his joint lines. Plaintiff was discharged on April 19, 2010, with diagnoses of fever, bilateral knee gouty arthritis, chronic daily alcohol abuse, surgical asplenia in 2001 after motor vehicle accident, and asymptomatic gallstones with biliary sludge. He was again prescribedPrednisone and Vicodin. Dr. Patney instructed plaintiff on how to follow a "gout-friendly" diet, and recommended that he avoid red meats and stop drinking alcohol (plaintiff reported drinking at least one six-pack of beer per day). Dr. Patney recommended that plaintiff start taking Allopurinol as soon as his acute episode of gout resolved.2 (Tr. 152-59).
A few weeks later, on May 4, 2010, plaintiff was admitted to the hospital with a fever and abdominal pain. He complained of gout in his knees and stated that he was unable to walk. He reported that he drank 2 to 3 beers per day, and that his current medication was Vicodin. The attending physician, Sarada Sripada, M.D., observed that plaintiff was oriented and exhibited no distress. Both of his knees were tender, but were not swollen.
Plaintiff underwent several consultative examinations during his hospital stay. Taquir Ahmed, M.D., was consulted to evaluate plaintiff's abdominal pain. He concluded that the pain was possibly related to plaintiff's midline scar. He also observed gallstones, which appeared to be asymptomatic and an incidental finding. Steven Baak, M.D., from rheumatology, examined plaintiff and determined that he had borderline hyperurecemia and repeated gout attacks. Dr. Baak planned to add Allopurinol to plaintiff's medications soon, and instructed plaintiff to discontinue drinking....
To continue reading
Request your trial