Kuyper v. Astrue
| Decision Date | 28 March 2013 |
| Docket Number | Case No. 4:11-CV-02196-NAB |
| Parties | JEANNE KUYPER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Eastern District of Missouri |
This is an action under Title 42 U.S.C. § 405(g) for judicial review of the Commissioner's final decision denying Jeanne Kuyper's ("Kuyper") application for Disability Insurance Benefits (DIB) under Title II of the Social Security Act. Kuyper alleges disability due to residuals after total left knee replacement surgery, obesity, and arthritis of the lumbar spine and right hip. [Doc. 1.] The parties consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1).
On September 16, 2009, Kuyper protectively filed an application for a period of disability, seeking DIB. (Tr. 89-95.) She alleged an onset date of May 27, 2009. Id. The Social Security Administration ("SSA") denied Kuyper's claim on December 21, 2009 and she filed a written request for a hearing before an administrative law judge ("ALJ") on January 12, 2010. (Tr. 63-67, 70-72.) The hearing took place on September 10, 2010. (Tr. 20-49.) The ALJ issued a written decision on June 17, 2011, upholding the denial of benefits. (Tr. 10-16.) Kuyper requested review of the ALJ's decision from the Appeals Council on July 18, 2011. (Tr. 5.) OnNovember 17, 2011, the Appeals Council denied Kuyper's request for review. (Tr. 1-3.) The decision of the ALJ thus stands as the final decision of the Commissioner. Kuyper filed this appeal on December 19, 2011. [Doc. 1.] Kuyper filed a Brief in Support of the Complaint. [Doc. 17.] The Commissioner filed a Brief in Support of the Answer. [Doc. 21.]
The ALJ found that Kuyper met the insured status requirements of the Social Security Act through March 31, 2012. (Tr. 12.) The ALJ also found Kuyper had not engaged in substantial gainful activity since May 27, 2009, the alleged onset date of disability. (Tr. 12.) The ALJ noted that Kuyper's severe impairments included residuals after total left knee replacement surgery, obesity, and arthritis of the lumbar spine and right hip. (Tr. 12.) The ALJ found that Kuyper did not have an impairment or combination of impairments that meets or medically equals one of the listed impairments under 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. 12.) Kuyper was found to have the residual functional capacity ("RFC") to perform the full range of sedentary work as defined in 20 C.F.R. § 404.1567(a). (Tr. 12.) Therefore, the ALJ found that Kuyper had not been under a disability as defined in the Social Security Act from May 27, 2009 through the date of the decision, June 17. 2011. (Tr. 16.)
The ALJ heard testimony from Kuyper and Mr. Jeffrey F. Magrowski, a vocational expert ("VE"). (Tr. 25, 53.) Kuyper was represented by counsel. (Tr. 22.)
Kuyper testified as follows. She was 64 years old as of the hearing date. (Tr. 25.) She is 5'4" tall and weighs approximately 200 pounds. (Tr. 25.) She completed four years of college atHarris-Stowe State College and received a degree in elementary education in January of 1970. (Tr. 27-28.)
Kuyper was employed as a financial aid assistant at the corporate offices in 2007 where she helped review check requests from the colleges. (Tr. 28.) She also performed general clerical work. (Tr. 29.) This was a desk job where she would sit for most of the day, and she worked there for about six months. (Tr. 29.) At that time, she was not taking any medication for pain. (Tr. 55-56.) She was replaced because of her lack of experience with financial aid. (Tr. 29-30.)
Kuyper's other past jobs as a teacher, unlike the financial aid job, did not allow her to sit for most of the day. (Tr. 30.) Kuyper testified that even if she were able to obtain one of her past jobs, she would be unable to work for eight hours each day, five days each week. (Tr. 30.) She would be unable to sit or stand at a chalk board for more than a couple of minutes, and she would not be able to walk around the classroom. (Tr. 30.) Kuyper lacks any vocational or trade school training. (Tr. 31.) Kuyper has taken typing tests and applied for administrative assistant jobs, but she is unable to type at a sufficient speed to qualify for work as an administrative assistant. (Tr. 56.)
Currently, Kuyper is receiving a "short-term disability kind of pension" under a state plan. (Tr. 57.) This plan will last her only five or six years, and she is receiving $250 each month. (Tr. 58.)
Kuyper had her right knee replaced in May of 1998. (Tr. 41) The surgery went well, and after six weeks of recovery, she was able to return to work with compression stockings, a walker, and a cane. (Tr. 41.)
In 2009, Kuyper was unable to find an orthopedist because of insurance complications. (Tr. 32.) On May 4, 2010, she was first seen by an orthopedic surgeon, Dr. Schroer, who took x-rays revealing "bone-on-bone" in her left knee and wearing away of the bone. (Tr. 32-33.) Dr. Schroer informed her that the wearing away was the source of the pain. (Tr. 32.) Dr. Schroer tried an injection of cortisone to stop the pain, and it worked for approximately one and a half weeks. (Tr. 33.) Limited success with the cortisone treatments led to total left knee replacement surgery. (Tr. 33.)
Kuyper had a total left knee replacement on July 8, 2010. (Tr. 31.) Prior to having this surgery, she would have to wear a brace to hold her knee in place any time she walked. (Tr. 31.) Since the knee has been replaced, her functionality has still been very slow. (Tr. 33.) Specifically, walking is slow, and the knee will stiffen so she will have to stretch. (Tr. 33.) She also must use furniture around her to steady herself as she walks through the house. (Tr. 33.) She uses the wall and window in the bathroom to get in and out of the tub because of the pain and stiffness in her knee, which also causes pain in her back. (Tr. 33-34.) Kuyper has trouble getting in the car, as she cannot swing one leg in at a time without straining her muscles. (Tr. 34.) Sitting is not too painful, so long as Kuyper is able to sit at a 90-degree angle. (Tr. 34.) However, she must then move her knee frequently to prevent it from stiffening up and causing pain and discomfort. (Tr. 34.) Because her knees do not bend easily, she has a lot of difficulty going up and down stairs, and she must take one step at a time. (Tr. 34.)
Kuyper is divorced and living alone in her house. (Tr. 25-26.) She drives a motor vehicle and in the last six months has taken long trips lasting more than an hour, including trips out of town, driving on highways. (Tr. 26.) However, she must stop every hour or hour and a half to walk for ten to fifteen minutes because of stiffness in her back and knees. (Tr. 27.) Hershopping is limited to a forty-five minute trip, using the shopping cart as a walker and taking breaks throughout. (Tr. 32.) Because Kuyper could not walk without pain, she began having backaches as well. (Tr. 32.) Kuyper spends five or six hours each day with her foot elevated above her heart in a recliner to relieve pressure in her leg and prevent more leg and back pain. (Tr. 35.) This effectively relieves her pain, but she is limited in what tasks she can perform while reclining. (Tr. 36.) She spends between four and six hours sitting and four hours walking each day, in ten or fifteen minute increments. (Tr. 49-50.) She will take twenty minute naps between noon and two o'clock, about four times each week. (Tr. 50.) On average Kuyper is able to spend an hour doing work around the house, including washing dishes, cooking, and showering. (Tr. 51.) Kuyper cannot stand for long periods of time before she must sit from the pain, and she must constantly shift her weight from one leg to the other so as not to cause more problems from favoring one leg. (Tr. 36.)
While she was not given a restriction by Dr. Schroer regarding how much she is able to lift, she was told to use common sense and not lift things that cause pain. (Tr. 36.) The heaviest she is able to lift is three or four pounds when carrying the laundry basket. (Tr. 36.) Kuyper does her own laundry, however she has great difficulty going up and down the stairs and will use the laundry basket as a walker to help. (Tr. 38.) While she cooks, she limits herself to preparing food with a microwave, slow cooker, or something that does not need to be watched carefully because she cannot stand long enough. (Tr. 38.) She is able to sweep, but she cannot bend down without a substantial amount of pain in her back and knees so she used a tall handled dust pan. (Tr. 38.) She cannot mow her lawn. (Tr. 53.)
Kuyper visits her daughter who lives down the road frequently, and she usually visits with her four grandchildren twice each week. (Tr. 38-39.) She also goes to church, but shecannot kneel and she sits in the back to put her leg on the pew. (Tr. 39.) Regarding her personal care, she must carry out simple tasks, such as getting dressed and getting in and out of a shower, very slowly. (Tr. 39-40.)
Kuyper takes Hydrocodone for the pain nightly and during the day when the pain gets to be too much. (Tr. 36-37.) While the Hydrocodone does help with the pain, it also "knocks her out" so she will not be able to go anywhere or do anything on days when she takes it. (Tr. 37.) Therefore, she usually takes it at night. (Tr. 37.) Following the surgery, a physical therapist visited the home she was staying in twice each week, for approximately three weeks. (Tr. 40.) She is not currently attending any kind of physical or occupational therapy, but she was given exercises to strengthen and stretch her legs. (Tr. 40.) She last saw Dr. Schroer on August 20, 2010, and had future appointment with him on October 1, 2010. (Tr. 40.)
At the time of the hearing, it had been two months since her...
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