Vanlue v. Astrue
| Decision Date | 26 September 2012 |
| Docket Number | No. 4:11CV595 TIA,4:11CV595 TIA |
| Parties | BARBARA VANLUE, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Eastern District of Missouri |
This cause is on appeal from an adverse ruling of the Social Security Administration. The suit involves an application for Disability Insurance Benefits under Title II of the Act. Claimant has filed a Brief in Support of her Complaint; the Commissioner has filed a Brief in Support of his Answer. The parties consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c).
On January 5, 2008, Claimant Barbara Vanlue filed an application for Disability Insurance Benefits pursuant to Title II of the Social Security Act, 42 U.S.C. §§ 401, et seq. (Tr. 71-8).1 In the Disability Report Adult completed by Claimant and filed in conjunction with the applications, Claimant stated that her disability began on January 31, 2006, due to rheumatoid arthritis, pain, fatigue, stress, sleep apnea, and depression. (Tr. 88, 92-101). On initial consideration, the SocialSecurity Administration denied Claimant's claims for benefits. (Tr.40-45). Claimant requested a hearing before an Administrative Law Judge ("ALJ"). (Tr. 47). On August 13, 2009, a hearing was held before an ALJ. (Tr. 18-35). Claimant testified and was represented by counsel. (Id.). Thereafter, on August 31, 2009, the ALJ issued a decision denying Claimant's claims for benefits. (Tr. 8-17). On February 12, 2011, the Appeals Council found no basis for changing the ALJ's decision and denied Claimant's request for review of the ALJ's decision after considering counsel's letter. (Tr. 1-5, 134-38). The ALJ's determination thus stands as the final decision of the Commissioner. 42 U.S.C. § 405(g).
A. Hearing on August 13, 2009
At the hearing on August 13, 2009, Claimant testified in response to questions posed by the ALJ and counsel. (Tr. 18-35). Claimant lives with her husband who works at Washington University. (Tr. 29). Claimant stands at five feet four inches and weighs approximately 240 pounds. (Tr. 32). Claimant cooks at home and does the laundry. (Tr. 33). Claimant has a driver's license and drives her children, ages thirteen and nine, to school. (Tr. 34). Claimant participates in their school activities so long as she is able to sit down. Claimant attends church. (Tr. 34).
Claimant testified that she last worked fifteen to twenty hours a week in 2001 at a Hawthorne Dental as a bookkeeper. (Tr. 22). Claimant testified that she stopped working because of arthritis, sleep apnea, and swelling of her feet. (Tr. 23). Claimant tried to return to work in 2006 for one week. (Tr. 22, 24-25).
Claimant testified that she has rheumatoid arthritis with osteoarthritis. (Tr. 25). Dr. Moeser treats Claimant. (Tr. 26). Claimant also has sleep apnea, which causes her to quit breathing at night and prevents a good night sleep. Claimant uses a CPAP machine when sleeping. (Tr. 28). Claimant takes a nap for two hours. (Tr. 29). Claimant has fatigue and restless leg syndrome. (Tr. 28). Symptoms of her depression include becoming upset, inability to do things, and crying spells. (Tr. 29-30). Claimant testified that her depression medicine, Effexor, helps alleviate the symptoms. (Tr. 30). Claimant was hospitalized in January 2007 because of chest pains. (Tr. 31).
Claimant testified that she can use her fingers with difficulty during the course of the day to open jars. (Tr. 26). On a bad, Claimant testified that she does not want to move. (Tr. 26). Five days a week Claimant has a bad day. (Tr. 27). Claimant spends most of the day lying down for six to seven hours. (Tr. 27). Claimant cannot type or manipulate items. (Tr. 28). Claimant's pain varies from day to day from a five to a nine on a scale of one to ten. (Tr. 28). Claimant testified that she cannot go up and down steps. (Tr. 30).
Claimant testified that she uses a motorized scooter to do the grocery shopping. (Tr. 27). Claimant has attempted to lose weight by going to water aerobics. (Tr. 32). Claimant lost twenty-five pounds. (Tr. 32). Claimant participates in water aerobics classes twice a week. (Tr. 33). With respect to her diet, Claimant testified that she tries to follow a food plan. (Tr. 33).
In the Missouri Supplemental Questionnaire, Claimant indicated that she uses a power wheelchair when she goes shopping. (Tr. 104). Claimant takes care of her two children ages eight and eleven by taking them to school, helping with homework, preparing food to eat, andtaking them to the doctor. (Tr. 105). Claimant indicated that she has a handicapped car tag. (Tr. 105) . Since she stopped working, Claimant is still able to do the laundry and dishes while sitting on a stool, sometimes takes out the trash, and takes care of the banking and the post office. (Tr. 106) . Claimant can shop for forty-five minutes to an hour every two weeks. (Tr. 106). Claimant reported being able to use a computer for thirty minutes. (Tr. 108). Claimant has a valid driver's license and is able to drive. (Tr. 108).
In the Function Report - Adult, Claimant's husband indicated that Claimant helps out at the children's school when there is a sit down job. (Tr. 112). Her husband reported that Claimant can vacuum, do the laundry, and clean. (Tr. 114). Claimant takes the children to school every day and attends their activities. (Tr. 116).
On referral, Dr. Ahmareen Khan, a pulmonary consultant, examined Claimant for possible sleep apnea on January 9, 2001. (Tr. 375). Claimant has a past history for asthma and rheumatoid arthritis. Claimant complained of excessive snoring and excessive sleepiness for the last 12-15 years. Claimant reported recently gaining 40 pounds over the last three to four years. Claimant reported her asthma as being under fair control using Maxair when she experiences wheezing. (Tr. 375). Dr. Khan diagnosed Claimant with probable sleep apnea, severe rhinitis, asthma, GERD, and rheumatoid arthritis. (Tr. 376). Dr. Khan prescribed Flonase. (Tr. 376).
In a follow-up visit on February 1, 2001 after using nasal steroids for three weeks, Claimant denied wheezing or chest pain. (Tr. 372). Claimant reported continued excessive daytime somnolence. Dr. Khan noted that Claimant was scheduled to have a sleep study. (Tr. 372). Dr. Khan noted Claimant to be free of any asthmatic exacerbations, and he started her ontwo months of inhaled steroids because she continued to have intermittent episodes of wheezing. (Tr. 373).
On March 22, 2001, Dr. Khan noted that the sleep study confirmed the sleep apnea. (Tr. 370). Dr. Khan found that her sleep apnea is completely obliterated with the use of CPAP, and she also has periodic leg movement syndrome. Dr. Khan continued the use of CPAP and prescribed Levodopa. (Tr. 370).
In a follow-up visit on June 19, 2001, Claimant reported decreased daytime somnolence with improvement in her energy level, and her ability to breathe through her nose improved. (Tr. 369). Dr. Khan prescribed CPAP and Senomet and discharged Claimant to Dr. Meghjee's service. (Tr. 369).
After completion of another sleep study with her CPAP in place, Dr. Khan noted Claimant has very disruptive PLMS causing frequent arousals. (Tr. 368). Dr. Khan prescribed Klonopin and noted her asthma to be under control. (Tr. 368). On October 30, 2001, Claimant reported significant wheezing and sinusitis, decreased daytime somnolence, and more energy. (Tr. 366). Dr. Khan prescribed Klonopin and continued use of her CPAP. (Tr. 366).
In a follow-up visit on January 3, 2002, Claimant reported excessive daytime somnolence but this has improved significantly since starting CPAP and Klonopin. (Tr. 365). Dr. Khan noted Claimant should continue to use CPAP and Klonopin. (Tr. 365). On July 23, 2002, Claimant reported her asthma being under good control with her current medication regimen. (Tr. 364). Claimant reported being off her Sinemet for the last few weeks, and her leg movements have returned. Dr. Khan restarted Sinemet. (Tr. 364).
In a follow-up visit on February 25, 2003, Claimant reported no new upper respiratory illness. (Tr. 363). Dr. Khan continued her current medication regiment. (Tr. 363). On March 27, 2003, Claimant returned after a recent hospitalization with a severe asthma exacerbation secondary to an upper respiratory infection. (Tr. 362). Dr. Khan prescribed antibiotics. (Tr. 362). On May 8, 2003, Claimant reported tolerating her CPAP well. (Tr. 361). Dr. Khan continued her medication regimen and increased her Sinemet. (Tr. 361).
The March 10, 2003 Discharge Summary noted Claimant had been admitted for treatment of right lower lobe pneumonia and asthma exacerbation. (Tr. 179). Claimant's condition improved steadily after the initiation of antibiotics, steroids, and nebulizer treatments. The Discharge Diagnoses included right lower lobe pneumonia, asthma exacerbation, sinusitis, sleep apnea, depression associated with steroids, and rheumatoid arthritis. (Tr. 179).
On August 28, 2003, Claimant reported tolerating her CPAP well and being stable from an asthma standpoint. (Tr. 360). Dr. Khan continued her medication regimen. (Tr. 360).
In a follow-up visit on January 6, 2004, Claimant denied any complaints of chest pain, shortness of breath, excessive daytime somnolence, or leg cramps. (Tr. 358). Dr. Khan continued her medication regimen. (Tr. 359).
The June 3, 2004 radiography of Claimant's left knee showed tricompartmental osteoarthritic changes most severe in the medial knee compartment and to a lesser degree the patellofemoral compartment. (Tr. 198).
On September 23, 2004, Claimant reported tolerating her CPAP well and Sinemet controlling her periodic leg movement syndrome. (Tr. 356). Dr. Khan continued her medication regiment. (Tr. 357).
In a follow-up visit on ...
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