Iatridis v. Astrue

• Citation: 501 F.Supp.2d 1267
• Decision Date: 06 July 2007
• Docket Number: No. CV 05-5264-RC.,CV 05-5264-RC.
• Court: U.S. District Court — Central District of California
• Parties: Elias IATRIDIS, Plaintiff, v. Michael J. ASTRUE,<SMALL><SUP>1</SUP></SMALL> Commissioner of Social Security, Defendant.

501 F.Supp.2d 1267

Elias IATRIDIS, Plaintiff, v. Michael J. ASTRUE,¹ Commissioner of Social Security, Defendant.

No. CV 05-5264-RC.

United States District Court, C.D. California.

July 6, 2007.

Denise Bourgeois Haley, Lawrence D. Rohlfing Law Offices, Santa Fe Springs, CA, for Plaintiff.

Assistant US Attorney LA-SSA, Sharla Cerra, AUSA-Office of US Attorney, Los Angeles, CA, for Defendant.

OPINION AND ORDER

CHAPMAN, United States Magistrate Judge.

Plaintiff Elias Iatridis filed a complaint on July 21, 2005, seeking review of the Commissioner's decision denying his application for disability benefits. The Commissioner answered the complaint on December 27, 2005, and the parties filed a joint stipulation on May 12, 2006.

BACKGROUND

I

On February 10, 2000, plaintiff applied for disability benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. § 423, claiming an inability to work since May 11, 1995,² due to multiple injuries and surgeries.³ Certified Administrative Record ("A.R.") 97-99, 202. On February 8, 2002, plaintiff applied for disability benefits under the Supplemental Security Income ("SSI") program of Title XVI of the Act, 42 U.S.C. § 1382(a). A.R. 9, 21. Administrative Law Judge Charles E. Stevenson ("the ALJ") held an administrative hearing on June 26 and August 27, 2002. A.R. 81, 1429-1504. On September 27, 2002, the ALJ found plaintiff is not entitled to Title II benefits, since he was not disabled prior to December 31, 1996, the date he was last insured for Title II purposes, but is disabled for SSI purposes as of February 8, 2002, the date he filed his SSI application.⁴ A.R. 17-33. The plaintiff appealed this decision to the Appeals Council, which denied review on May 17, 2005. A.R. 11-16. The matter before this Court focuses upon whether plaintiff became disabled prior to December 31, 1996, the date he was last insured for Title II purposes.

II

The plaintiff was born in Athens, Greece, on June 19, 1954, and is currently 53 years old. A.R. 95, 97, 848. He has attended three years of college, and has previously worked as a restaurant manager, cook, factory worker, and banquet server. A.R. 203, 208, 226-33.

On May 11, 1995, plaintiff sustained a work-related injury when he was struck by an electric truck and knocked to the ground.⁵ A.R. 289, 293, 323-24, 359, 1461. The plaintiff was further injured in a motor vehicle accident that occurred on July 31, 2000.⁶ A.R. 842.

The plaintiff was initially examined following the accident on May 11, 1995, by J. Barnard, M.D., who diagnosed him as having an acute left knee sprain and contusion. A.R. 289-91. Lower back x-rays revealed lumbar degenerative changes, while left knee x-rays were normal. A.R. 289. Dr. Barnard released plaintiff to return to work at modified duties of no prolonged standing or walking effective May 12, 1995, and released him to return to work at regular duties effective May 22, 1995. Id.

On May 19, 1995, plaintiff was examined at the Healthcare Occupational Medical Clinic, where he was diagnosed with left knee internal derangement and a left shoulder sprain, placed off work for several days, and referred for physical therapy. A.R. 292. Similarly, on May 23, 1995, Jeffrey Litow, M.D., examined plaintiff and diagnosed him with left knee internal derangement and a left shoulder sprain, and placed him off work for 7 days. A.R. 293.

On June 14, 1995, Stephen W. Limburg, D.O., examined plaintiff and diagnosed him with a lumbar spine musculoligamentous strain, a left shoulder contusion and strain, and a left knee abrasion, contusion, and strain. A.R. 323-27. Dr. Limburg opined plaintiff was temporarily totally disabled, prescribed a cane, a knee support, and medication for plaintiff, and recommended plaintiff continue physical therapy. Id. A lumbar spine MRI taken August 11, 1995, showed a diffuse 2 mm. disc bulge at L5-S1 and mild degenerative changes in the lumbar vertebral bodies, A.R. 319, 321, and on September 6, 1995, Dr. Limburg diagnosed plaintiff with a lumbar spine disc protrusion at L5-S1, with radiculopathy,⁷ a left shoulder sprain, and a left knee abrasion/contusion and strain. A.R. 316-18. On September 8, 1995, plaintiff had a left shoulder MRI, which showed moderate hypertrophy⁸ of the left acromioclavicular joint, resulting in moderate encroachment upon the rotator cuff, and findings consistent with tendinitis, with a small tear of the supraspinatus tendon. A.R. 315. On November 17, 1995, plaintiff had a left knee MRI, which showed a small effusion tear within the left knee bursa and an oblique tear of the posterior horn of the medial meniscus. A.R. 311. On February 21, 1996, Dr. Limburg opined plaintiff required surgery for his left knee and left shoulder, and any continued delay in authorizing left knee surgery increased the risk plaintiff would develop traumatic arthritis. A.R. 304, 1255. Dr. Limburg continued to treat plaintiff through October 9, 1996, with plaintiff remaining temporarily totally disabled throughout this time. A.R. 297-322, 1255-57.

On July 25, 1995, Farid A. Mostamand, M.D., examined plaintiff, diagnosed him with sprains/strains of the left shoulder, lumbar spine, and left knee, prescribed physical therapy for plaintiff, and placed him off work until August 20, 1995. A.R. 295. Dr. Mostamand reexamined plaintiff on September 20, 1995, and found plaintiffs MRI showed encroachment of the left rotator cuff and lumbar muscle spasm. A.R. 294.

On June 12, 1996, Larry A. Danzig, M.D., an agreed medical examiner,⁹ examined plaintiff and diagnosed him as having low back pain from a 2 mm. disc bulge at L5-S1, left shoulder impingement syndrome with a questionable tear of the supraspinatus tendon, and a left knee sprain with a questionable tear of the left medial meniscus. A.R. 355-92. Left shoulder x-rays showed slight to moderate spurring of the acromioclavicular joint, left knee x-rays showed no osseous abnormalities and a metal clip over the medial aspect of the left knee in the soft tissue, and lumbosacral spine x-rays showed slight narrowing of the L5-S1 disc space. A.R. 383. Dr. Danzig opined it was medically reasonable for plaintiff to undergo left shoulder and left knee surgery; and if plaintiff declined the surgeries he would be permanent and stationary,¹⁰ with prophylactic preclusions from heavy lifting, repetitive bending and stooping,¹¹ prolonged weight bearing, repetitive climbing, squatting and kneeling, and work above shoulder level with the left upper arm. A.R. 386-89.

On January 6, 1997, Dr. Danzig reevaluated plaintiff and ordered new MRIs of his left shoulder and left knee. A.R. 343-50. On January 9, 1997, plaintiff had a left knee MRI, which showed small joint effusion and Grade I-II meniscal degeneration, with no evidence of a definite meniscal tear. A.R. 340-41. That same day, plaintiff had a left shoulder MRI, which showed moderate acromioclavicular hypertrophy, with subacromial spurring impressing upon the superior surface of the supraspinatus tendon with the arm in neutral position, and Grade I tendinopathy of the rotator cuff, without evidence of a full thickness tear. A.R. 338-39, 1322-23. On January 20, 1997, Dr. Danzig opined it was medically reasonable for plaintiff to have left shoulder arthroscopy and subacromial decompression, and again opined that if plaintiff elected not to have surgery he was permanent and stationary with the same work restrictions as set forth on June 12, 1996. A.R. 331-37. On March 3, 1997, Dr. Danzig opined plaintiff was a candidate for left knee arthroscopic surgery. A.R. 329-30.

On March 20, 1997, Alan H. Beyer, M.D., examined plaintiff and found plaintiffs MRI clearly showed a tear of the posterior horn of the medial meniscus and plaintiff required left knee arthroscopy. A.R. 451-68. On April 8, 1997, Dr. Beyer also recommended plaintiff undergo left shoulder acromioplasty.¹² A.R. 445-46. On April 4, 1997, plaintiff underwent a left knee arthroscopy and debridement,¹³ A.R. 444, 1325, and on April 8, 1997, plaintiff started physical therapy for his left knee. A.R. 444. On April 30, 1997, Dr. Beyer performed a left shoulder open acromioplasty and rotator cuff repair. A.R. 394-405, 1324, 1329. Dr. Beyer continued to treat plaintiff, who received physical therapy. A.R. 409-10, 414-35. On October 20, 1997, Dr. Beyer discharged plaintiff from formal physical therapy, but opined plaintiff still could not return to work because of his back problems. A.R. 423.

On June 23, 1997, Jacobo W. Chodakiewitz, M.D., a neurosurgeon, examined plaintiff and diagnosed him as having left hemihypoesthesia,¹⁴ left L5-S1 radiculopathy, and left C6-C8 radiculopathy. A.R. 1005-09. On June 27, 1997, plaintiff had a lumbar spine MRI, which showed L4-L5 disc dessication, with mild broad-based 2-3 mm. disc bulge resulting in mild impression upon the thecal sac and mouth of the right and left neural foramina, and congenital narrowing of the L5-S1 disc and minimal 1.5 mm. posterior bulging of the disc. A.R. 999-1000, 1003-04. A cervical spine MRI taken the same day showed mild-to-moderate 3 mm. disc bulging posteriorly to the right at C3-C4, resulting in localized encroachment upon the right anterior aspect of the thecal sac and the mouth of the right neural foramen, and moderate 3-4 mm. protrusion of the disc posteriorly to the right at C5-C6, resulting in moderate encroachment upon the right anterior aspect of the thecal sac and abutment of the cord, as well as mild encroachment upon the mouth of the right neural foramen. A.R. 1001-02, 1327-28. An electromyogram ("EMG") performed July 14, 1997, revealed increased irritability in the L5 myotomes,¹⁵ left greater than right, and root irritation at the foraminal level. A.R. 998, 1326. On July 16, 1998, plaintiff had a lumbar spine MRI, which showed 3-4 mm. diffuse posterior disc herniations encroaching on the dural sac at L3-L4 and L4-L5, with compromise of the nerve roots in their lateral recesses and...