Walton v. Astrue
| Decision Date | 06 October 2009 |
| Docket Number | Case No. 2:08CV56MLM. |
| Citation | 664 F.Supp.2d 1000 |
| Court | U.S. District Court — Eastern District of Missouri |
| Parties | Kathleen E. WALTON, Plaintiff, v. Michael J. ASTRUE, Defendant. |
Barry V. Cundiff, Frick and Cundiff, P.C., Kirksville, MO, for Plaintiff.
Nicholas P. Llewellyn, Office of U.S. Attorney, St. Louis, MO, for Defendant.
This is an action under Title 42 U.S.C. § 405(g) for judicial review of the final decision of Michael J. Astrue ("Defendant") denying the applications for Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and Supplemental Security Income ("SSI") under Title XVI of the Act, 42 U.S.C. §§ 1381 et seq., filed by Plaintiff Kathleen E. Walton ("Plaintiff"). Plaintiff filed a Brief in Support of the Complaint. Doc. 15. Defendant filed a Brief in Support of the Answer. Doc. 18. Plaintiff filed a Reply Brief. Doc. 19. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). Doc. 8.
Plaintiff filed an applications for Disability Insurance Benefits and SSI, alleging a disability onset date of August 1, 2004. Tr. 12, 60-67. On May 16, 2005, Plaintiff's applications were denied. Tr. 38-53. Plaintiff filed a timely request for hearing. Tr. 54-55. Hearings were held on February 26, 2007 and November 7, 2007, before an Administrative Law Judge ("ALJ"). Tr. 449-56, 469-519. On February 8, 2008, the ALJ issued a decision finding that Plaintiff was not disabled. Tr. 9-23. On August 22, 2008, the Appeals Council denied Plaintiff's request for review. Tr. 5-7. Thus, the decision of the ALJ stands as the final decision of the Commissioner.
Records from Northeast Missouri Family Medical Clinic, dated July 2, 2001, reflect Plaintiff had an abdominal x-ray; that Plaintiff was "very constipated"; and that the x-ray showed that Plaintiff had DJD at L 2/3. Tr. 199.
Records from Northeast Missouri Foot Clinic, dated July 9, 2001, state Plaintiff presented Tr. 272-73. Records further reflect that Plaintiff's past medical history was "[p]ositive for diabetes, asthma, arthritis and heart disease; that Plaintiff had a hysterectomy; that Plaintiff's then-current medications were Avandia, Celebrex, and Glucotrol; that Plaintiff had no known drug allergies; and that Plaintiff was positive for tobacco use. Records state that the podiatric exam showed that "[n]eurolgic-intact, sharp, dull vibratory proprioception"; that an Integument-Grade I ulceration was noted to 5th digit of the right foot; that there were no signs of infection; that hyperkeratotic build up was present; that nails had clinical evidence of onychomycosis; and that nails were thick and discolored. Tr. 273. Deborah A.K. Holte, D.P.M., reported that Plaintiff had a diabetic ulcer, hammertoe, and onychomycosis; that the plan was to debride Plaintiff's nails; that shoe gear to accommodate Plaintiff was discussed; that surgical intervention for Plaintiff's hammertoes was recommended to prevent infection; and that Plaintiff was advised not to utilize over the counter corn remover medication. Tr. 273.
Records from Harry B. Young, Jr., D.O., F.O.C.O.O., dated October 9, 2001, reflect that Plaintiff presented "for open angle glaucoma" and that Plaintiff's diagnosis included open angle glaucoma, and diabetes. Tr. 281.
Dr. Young reported on November 19, 2001, that Plaintiff was diagnosed with "S/P ACT nasal 180° OS," nuclear cataract, diabetes mellitus, and open angle glaucoma and that Plaintiff was to see Dr. Young in January to schedule cataract surgery. Tr. 282.
Records from The Family Health Center, dated December 21, 2001, reflect that Plaintiff presented with back and arm pain; that Plaintiff was sixty-seven inches tall; that Plaintiff weighed 261 pounds; that Plaintiff's blood pressure was 132/78; that Plaintiff's eyes were "alert," "oriented," and in "no acute distress"; that Plaintiff's "gait and station [were] normal, no edema or palpable masses, no atrophy"; that Plaintiff's "joint [was] stable without evidence of dislocation or ligamentous laxity"; that Plaintiff's "cranial nerves 2-12 intact bilat"; that Plaintiff's "DTR's [were] normal, no sensory deficit or parasthesias"; that Plaintiff's skin had "good color and turgor, no masses or lesions"; that Plaintiff was experiencing upper back pain; that this pain had been worsening for weeks; that Plaintiff's pain went into her left shoulder; that Plaintiff was positive for joint pain and Type 2 diabetes; that it was recommended that Plaintiff have work restrictions for two weeks; and that Plaintiff's Vioxx dosage was increased. Tr. 299-300.
Records from Dr. Young, dated February 26, 2002, reflect that Plaintiff was diagnosed with "posterior subcapsular cataracts" and that the cataract surgery process was explained to Plaintiff. Tr. 283.
Records from Dr. Young, dated April 3, 2002, reflect that Plaintiff had cataract surgery. Tr. 285.
Records from Dr. Young, dated April 12, 2002, reflect that Plaintiff presented with eye pain. Tr. 287.
Records from Dr. Young, dated April 15 and 25, 2002, reflect that Plaintiff presented for re-evaluation following her cataract surgery. Tr. 288-89. Dr. Young's records of June 19, 2002, reflect that Plaintiff stated that she quit her job at a nursing home and that her insurance was still active. Tr. 292.
Records from Dr. Young, dated October 16, 2002, reflect that Plaintiff underwent "[p]hacoemulsification with aspiration-irrigation of cataract with the insertion of a posterior chamber ... without incident." Tr. 294.
Records from The Family Health Center, dated October 21, 2002, reflect that Plaintiff presented complaining of a "cough, congestion, [and] left ear pain." Records further reflect that Plaintiff's blood pressure was 140/72; that Plaintiff's heart rate was 88 BPM; that Plaintiff was positive for tobacco use; that Plaintiff had a history of glaucoma and cataracts; that Plaintiff had bilateral cataract removal six days prior; that examination revealed that Plaintiff's eyes were "alert," "oriented," and exhibited "no acute distress"; that Plaintiff exhibited mild congestion with clear drainage; that Plaintiff's heart had normal rate and rhythm, with no murmur or extra sounds; that Plaintiff had a normal respiratory effort, with no use of accessory muscles; that Plaintiff's lungs were clear to auscultation, with no wheezes, rales or rhonchi; that Plaintiff had no gastrointestinal masses or tenderness; and that Plaintiff was diagnosed with URI/sinusitis. Tr. 301-02.
Records from Dr. Young, dated October 22, 2002, reflect that Plaintiff presented for a one week follow-up appointment and that Plaintiff reported that she was "doing well." Tr. 295.
Records from Dr. Young, dated December 5, 2002, reflect that Plaintiff presented for an appointment and that Plaintiff had not used her drops for approximately one week. Tr. 297.
Records from Northeast Missouri Health Council, Inc. ("NMHC"), dated August 25, 2003, reflect that Plaintiff presented to obtain the results of lab work. Records further reflect that Plaintiff weighed 258 pounds; that Plaintiff's blood pressure was 130/72; that Plaintiff's heart rate was 84 BPM, with a regular rhythm and no murmurs; that Plaintiff's lungs were clear; that Plaintiff's chest motion was good; that Plaintiff had no abdominal masses; that Plaintiff had epigastric tenderness; that Plaintiff's skin was normal; that Plaintiff's neurological exam was normal; and that Plaintiff's foot examination was normal. Beth Schrage, R.N.C., F.N.P., diagnosed Plaintiff with "NIDDM," Hyperlipidemia, and GERD. Nurse Schrage recommended that Plaintiff refill her prescriptions, schedule a gallbladder ultrasound, and take Prevacid. Tr. 160.
Records from NMHC, dated September 24, 2003, state that Plaintiff presented to NMHC "coughing" and with "sinus drainage." Tr. 161. Records further state that Plaintiff weighed 258 pounds; that Plaintiff's blood pressure was 122/72; that Plaintiff was experiencing bilateral wheezing; that Plaintiff had no edema to the extremities; and that Plaintiff was diagnosed with acute bronchitis. Tr. 161.
Records from The Family Health Center, dated December 15, 2003, reflect that Plaintiff presented with a "hurt lower back [and left] hip." Records further state that Plaintiff weighed 263 pounds; that Plaintiff's blood pressure was 132/84; that Plaintiff was taking Lipitor, Glucovance, Effexor, Darvocet, Tylenol, and ibuprofen; that Plaintiff had a past history of fibromyalgia and Type II Diabetes; and that Plaintiff's eyes were "alert," "oriented x 3" and exhibited "no acute distress." Tr. 303-04.
Records from The Family Health Center, dated January 23, 2004, reflect that Plaintiff presented with "back pain"; that Plaintiff weighed 265 pounds; that Plaintiff's blood pressure was 140/76; that Plaintiff's had a history of back pain with a duration of "years"; that Plaintiff said she was in "constant pain"; Plaintiff reported that her sleep was poor due to pain; that Plaintiff was positive for tobacco use; that Plaintiff's eyes were "alert" and "oriented x 3" and exhibited "no acute distress" that Plaintiff's "ROM [was] normal without pain, crepitation or contracture, strength 5/5 bilat"; that Plaintiff's "DTR's [were] normal, [with] no sensory deficit or parasthesias"; and that Plaintiff's diagnosis was "LBP/L iliolumbar ligament sprain." Tr. 305-06.
Records from NMHC reflect Plaintiff was to present on February 19, 2004, and that Plaintiff rescheduled. Tr. 162.
Records from the Family Health Center, dated February 23, 2004, reflect that Plaintiff presented with "con...
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