Laggner v. Comm'r of Soc. Sec.
| Decision Date | 30 March 2016 |
| Docket Number | CAUSE NO. 1:14-cv-00272-SLC |
| Parties | ALENA L. LAGGNER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. |
| Court | U.S. District Court — Northern District of Indiana |
Plaintiff Alena L. Laggner appeals to the district court from a final decision of the Commissioner of Social Security ("Commissioner") denying her application under the Social Security Act (the "Act") for Supplemental Security Income ("SSI").1 (DE 1). For the following reasons, the Commissioner's decision will be AFFIRMED.
Laggner applied for SSI on December 12, 2011, alleging disability as of December 31, 2007, which she later amended to October 26, 2009.2 (DE 11 Administrative Record ("AR") 11, 38, 191-96). The Commissioner denied Laggner's application initially and upon reconsideration. (AR 88-89). After a timely request, a hearing was held on February 7, 2013, before Administrative Law Judge Melinda W. Kirkpatrick ("the ALJ"), at which Laggner, who was represented by counsel, and a vocational expert, Tim Shaner (the "VE"), testified. (AR 34-79).
On May 14, 2013, the ALJ rendered an unfavorable decision to Laggner, concluding that she was not disabled because despite the limitations caused by her impairments, she could perform a significant number of light work jobs in the economy. (AR 11-24). The Appeals Council denied Laggner's request for review (DE 1-6), at which point the ALJ's decision became the final decision of the Commissioner. See 20 C.F.R. § 416.1481.
Laggner filed a complaint with this Court on September 5, 2014, seeking relief from the Commissioner's final decision. (DE 1). Laggner argues that the ALJ: (1) improperly discounted the credibility of her symptom testimony; (2) failed to adequately account for her mental limitations in the residual functional capacity ("RFC") and hypotheticals posed to the VE; and (3) constructively reopened her February 2011 disability application. (DE 15 at 13-24).
At the time of the ALJ's decision, Laggner was 43 years old (AR 24, 80); she had dropped out of school in the 11th grade, but later obtained her GED and completed a nine-month course to be an emergency medical technician (AR 42, 291, 330). Laggner has past work experience as a cashier, cook, caterer, waitress, and cleaning supervisor. (AR 330). In her application, Laggner alleged disability due to back problems, depression, and panic attacks. (AR 329).
At the hearing, Laggner, who was five feet, five inches tall and weighed 198 pounds at the time, testified that she was single and had adult children; she described herself as "homeless," stating that she was currently staying with family and friends. (AR 40). She drivesshort distances and performs her bathing and dressing independently 90 percent of the time. (AR 57). She performs light housework, but she usually has someone to help her with "major cleaning" and to take her shopping. (AR 58). She had health insurance through mid-2011, but was uninsured at the time of the hearing. (AR 43). Laggner asserted that on a good day, she can dress herself and sit outside on a bench, but on a bad day, she does not leave her room except to go to the bathroom. (AR 48). She typically naps two to four hours a day. (AR 65-66). She reported that she currently was not receiving medical attention, and thus, she was having two to three bad days a week; she did not have the funds to fill her prescriptions. (AR 48, 52).
When asked why she thought she could not work, Laggner cited her back pain, as well as depression and panic attacks. (AR 46). She stated that she underwent a discectomy in both 2008 and 2009, as well as a surgery for another disc problem in her neck in 2011, which were all helpful for only a few months. (AR 46-47, 49-50). Laggner testified that she has low back pain "[u]sually every other day," stating that "[s]ome days it's just enough to where [she] can tolerate it without doing anything, and then there's days where [she] cannot even get out of bed." (AR 48). On a scale of one to 10, Laggner rated her pain on a good day as a "three or a four" and on a bad day as "blowing a ten off the scale." (AR 48). Laggner asserted that when standing, her back pain "starts to burn like it's a fire" and "after about five minutes of that it affects [her] breathing." (AR 53-54, 67). Every few weeks her back pain travels down into her left leg, causing numbness, tingling, and weakness. (AR 51).
Laggner estimated that she could stand for five minutes at a time and sit for five to 10 minutes at a time; she prefers to lie on her side and spends 90 percent of an eight-hour period lying down. (AR 53, 57). She claimed that she could walk about 50 feet before she has to sit orhold onto something. (AR 53). She also complained of a long history of left arm numbness two or three times a week, causing her problems with grasping and holding onto objects. (AR 68-69). Additionally, she stated that several days before the hearing, she began experiencing severe pain in her right arm, contending that she could not even raise it. (AR 69-70). She currently was taking Ultram, which she obtained from a free clinic. (AR 55-56). She also complained of having migraine headaches three to four times per month. (AR 63).
As to her mental health, Laggner stated that she feels stressed in large crowds, causing panic attacks; she prefers to stay at home. (AR 59). She was currently having panic attacks on a monthly basis, stating that they were more frequent when she was raising her children, taking paramedic classes, and "the bills weren't getting paid." (AR 59-60). She was supposed to participate in counseling at the Northeastern Center, but she did not have the funds to do so. (AR 60).
In October 2008, Laggner visited the emergency room due to low back pain, which was radiating into her left lower leg; she also complained of numbness and weakness in her left leg. (AR 382, 530-31, 527-28). An MRI showed multi-level degenerative bulging and left-sided disc herniation at L3-L4, and a CT scan showed diffuse disc bulging, spinal stenosis, and moderate neuroforaminal narrowing. (AR 383-84). She was prescribed Vicodin and given an injection of Toradol. (AR 528). Later that same month, Dr. Loi Phuong, a neurosurgeon, performed a left L3 partial hemilaminectomy and left L3-L4 discectomy and foraminotomy on Laggner. (AR 580-81).
In April 2009, Laggner visited the emergency room, complaining of nausea and chestpain, which she thought was induced by stress. (AR 389-93). She had no pain or tenderness in her back and demonstrated normal range of motion and strength of her extremities. (AR 392). She was diagnosed with anxiety and depression and given Ativan. (AR 390).
In October 2009, Laggner returned to Dr. Phuong; she reported that she had "done well" after her first surgery, but that in the last week she started to experience low back pain that radiated into her left thigh with paresthesia. (AR 431-32). She had decreased light touch sensation in her left thigh, and a straight-leg raise test was positive on the left. (AR 432). An MRI showed a recurrent left L3-L4 paracentral disc protrusion. (AR 432). Dr. Phuong's treatment options included conservative treatment with physical therapy, injections, and pain medication or a second discectomy. (AR 432). Laggner opted for surgery, and later that month Dr. Phuong performed a second L3 partial hemilaminectomy and L3-L4 discectomy and foraminotomy. (AR 400, 432).
Also in October 2009, Dr. Ben Williams performed a consultative examination at the request of the state agency; Laggner was five days postoperative of her second discectomy at the time. (AR 419-22). He observed that Laggner's ambulation, stability, coordination, range of motion, gait, strength, and fine motor skills were all normal; she was able to fully squat and walk on her heels and toes. (AR 420-21). She had mild difficulty getting on and off the exam table, but no difficulty with rising from a chair and dressing herself. (AR 420). A straight leg raise test was positive bilaterally. (AR 421). Sensation was intact, except for decreased light touch on the left lower leg. (AR 421). Dr. Williams found no objective functional limitations on examination with respect to Laggner's depression and anxiety, but noted her report of difficulty going out in public. (AR 421).
In November 2009, Laggner underwent a disability evaluation by Galen Yordy, Ph.D.; she drove herself to the appointment. (AR 438-41). She reported symptoms consistent with moderate depression in the past two weeks, as well as generalized anxiety and panic attacks in noisy environments, crowded social situations, and unfamiliar circumstances. (AR 438). She had recently discontinued counseling services due to financial reasons, but stated that the Celexa prescribed by her primary physician was helpful. (AR 438). She stated that she takes no medications for her physical problems. (AR 438). On mental status exam, Laggner appeared to have average intelligence; at times she appeared rather tense, but she did not exhibit any problems with hallucinations, delusions, or psychomotor agitation or retardation. (AR 439). Overall, she demonstrated a full and appropriate range of affect, her manner of self-expression was unremarkable, and she was pleasant and cooperative. (AR 439). Laggner denied any problems with self care, household or shopping tasks, or financial management, but stated that she must be "watchful of her back" when performing these activities. (AR 440-41). She spends her time reading, watching television, playing computer games, and "rearrang[ing] her house." (AR 440). Dr. Yordy's diagnostic impressions were panic disorder without agoraphobia; generalized anxiety disorder; major depressive disorder, single episode, moderate, chronic, with psychotic features; and rule out attention deficit hyperactivity disorder,...
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