Wells v. Colvin
| Decision Date | 14 May 2014 |
| Docket Number | No. 1:13CV97 SPM,1:13CV97 SPM |
| Court | U.S. District Court — Eastern District of Missouri |
| Parties | LISA A. WELLS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
This is an action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for judicial review of the Commissioner's final decision denying Lisa A. Wells's application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401, et seq., and application for supplemental security income under Title XVI of the Act, 42 U.S.C. §§ 1381, et seq. All matters are pending before the undersigned United States Magistrate Judge, with consent of the parties, pursuant to 28 U.S.C. § 636(c). Because the Commissioner's final decision is not supported by substantial evidence on the record as a whole, it is reversed.
On October 23, 2009, the Social Security Administration denied plaintiff Lisa A. Wells's September 9, 2009, applications for disability insurance benefits(DIB) and supplemental security income (SSI), in which she claimed she became disabled on August 26, 2004, because of knee and back problems. (Tr. 61, 62, 64-67, 147-53, 154-59, 197.) Upon plaintiff's request, a hearing was held before an administrative law judge (ALJ) on September 28, 2011, at which plaintiff testified. (Tr. 29-54.) On November 18, 2011, the ALJ issued a decision denying plaintiff's claims for benefits, finding plaintiff able to perform her past relevant work as a security guard. (Tr. 12-23.) On May 9, 2013, upon review of additional evidence, the Appeals Council denied plaintiff's request for review of the ALJ's decision. (Tr. 1-7.) The ALJ's determination thus stands as the final decision of the Commissioner. 42 U.S.C. § 405(g).
In the instant action for judicial review, plaintiff claims that the ALJ's decision is not supported by substantial evidence on the record as a whole, arguing that the ALJ erred by finding her knee and shoulder impairments not to be severe and by failing to provide any explanation for this determination. Plaintiff also contends that the ALJ erred by discounting the opinion of her treating physician, Dr. Beyzer, and by appearing to rely instead on the opinion of a non-examining state agency consultant to find plaintiff not disabled. Plaintiff requests that the matter be remanded for further consideration.
At the hearing on September 28, 2011, plaintiff testified in response toquestions posed by counsel.
At the time of the hearing, plaintiff was forty-five years of age. Plaintiff stands five-feet, seven inches tall and weighs 250 pounds. Plaintiff has a high school education and obtained additional vocational training at a technical school. Plaintiff is single and lives with her father. Plaintiff has no household income but receives food stamps and Medicaid assistance. (Tr. 33, 35-36.)
Plaintiff's Work History Report shows that she worked as a certified nurse's assistant at a nursing home from 1984 to 1993. From 1993 to 2006, plaintiff worked as a security guard for security companies. (Tr. 215.) Plaintiff testified that she last worked as a security guard at a flight hangar and left that job on August 26, 2004, when she moved to a different state. (Tr. 33-34.) Plaintiff testified that she can no longer work because of her back, knees, and feet and because of shortness of breath. (Tr. 36.)
Plaintiff testified that she injured her back in a motor vehicle accident in 2003 and that the condition has worsened since that time. (Tr. 36-37.) Plaintiff testified that she has a herniated disc and pinched nerves in her back and that she takes pain medication for the condition. (Tr. 38-39.) Plaintiff testified that her doctor has suggested steroid injections or surgery, but she does not want to undergo surgery because she would no longer be able to lift more than fifteen pounds. Plaintiff testified that she currently has difficulty lifting fifteen poundsbecause of her back pain and knee problems. (Tr. 39-40.)
Plaintiff testified that she injured her knees while working in the medical field and that the condition has worsened since that time, and especially with swelling in the left knee. Plaintiff testified that she has had surgery on both knees, with her most recent surgery having occurred in the 1990's. (Tr. 37, 41.)
Plaintiff testified that she experiences swelling in her feet and ankles every day when she walks or sits and has experienced the condition for several years. Plaintiff testified that her doctors do not know the cause. (Tr. 37-38, 41.) Plaintiff testified that she sits in a recliner for three to four hours with her feet elevated to relieve the swelling. Plaintiff testified that wearing shoes is uncomfortable, and she wears them only when she leaves the house. (Tr. 42.)
Plaintiff testified that she experiences shortness of breath when she takes long walks and has experienced the condition for a couple of years. Plaintiff testified that she is unaware of the cause. (Tr. 36-38.) Plaintiff testified that chest pain is sometimes associated with her shortness of breath. (Tr. 49.)
Plaintiff testified that she also has problems with her right shoulder in that she experiences pain when she leans on it or tries to pick up things. Plaintiff testified that her doctor told her that she had a rotator cuff tear and would eventually need surgery. Plaintiff testified that she had no other problems with her arms or hands. (Tr. 44-45.)
Plaintiff testified that cold weather worsens her pain and that stooping worsens her back pain. (Tr. 45-46.) Plaintiff testified that she takes Hydrocodone once a day, which helps relieve the majority of her pain. Plaintiff testified that she experiences no side effects from any of her medications. (Tr. 48, 51.)
Plaintiff testified that she recently began treatment for depression but had problems with depression and anger for years. Plaintiff testified that she always has had difficulty getting along with people but has become more short-tempered within the previous few years. (Tr. 46-47, 53.) Plaintiff testified that she sleeps only an hour or two every day because of constant worry. Plaintiff testified that she occasionally experiences headaches with increased stress. (Tr. 47-48.) Plaintiff estimated that she stays in bed approximately three days a month because of stress and back pain. (Tr. 52.)
As to her exertional abilities, plaintiff testified that she can walk through a grocery store for a couple of hours but must take a break after walking for one block outside because of back and knee pain. Plaintiff testified that she can sit for twenty minutes before she must stand up and move around. Plaintiff testified that she can stand in one place for ten minutes before she must sit or move around because of back pain. (Tr. 49-50.) Plaintiff testified that she can lift a gallon of milk, but that lifting two gallons would be "pushing it." (Tr. 50-51.) Plaintiff testified that lifting a case of water or full tote bags worsens her back pain but thatshe has no problems moving either arm in any direction. (Tr. 51.)
As to her daily activities, plaintiff testified that she sleeps during the day and is awake at night because of her previous work on night shifts. Plaintiff testified that she gets up around 5:00 p.m., prepares supper, gives her father his medication, feeds the cat, and then prepares her father to settle in for the evening. Plaintiff testified that her father has many health issues and is on oxygen. Plaintiff testified that she then watches television and spends time on the computer. (Tr. 40-41.) Plaintiff testified that she likes to write as a hobby but has difficulty with concentration. (Tr. 43.) Plaintiff testified that she cleans the house, washes dishes, and sweeps the floor but has difficulty doing some household chores if she needs to bend over or go up and down stairs because of low back pain. (Tr. 38, 40.) Plaintiff testified that she has no difficulty bathing or getting dressed. (Tr. 42.) Plaintiff testified that she usually leaves the house only to go to the doctor's office because there is nowhere else to go in her "boring town." (Tr. 43.) Plaintiff testified that she does not prefer to stay home and sometimes spends time outside around the house. (Tr. 43-44.)
On December 2, 2003, plaintiff visited Dr. Alexander Beyzer at Albanna Neurosurgical Consultants (ANC) with complaints of neck pain and back pain associated with a motor vehicle accident that occurred three months prior. Plaintiffrated her pain at a level ten on a scale of one to ten. Plaintiff had full range of motion about the cervical spine but limited range of motion with flexion and extension of the lumbar spine. Straight leg raising was negative. Tenderness was noted to palpation about the lumbosacral area. X-rays of the cervical spine showed mild degenerative changes. X-rays of the lumbosacral spine were unremarkable. Dr. Beyzer diagnosed plaintiff with cervicalgia and lumbago and prescribed Vicodin. Physical therapy was recommended. (Tr. 257, 267, 271.)
On December 30, 2003, plaintiff visited Dr. Beyzer and reported her pain to currently be at a level three but that the pain continued to be aggravated with walking up and down steps. It was noted that plaintiff was seeing a chiropractor and was taking Vicodin as needed. Examination showed tenderness about the lumbosacral area with diminished range of motion. Straight leg raising was negative. Dr. Beyzer diagnosed plaintiff with lumbago, mainly myofascial in nature. Dr. Beyzer recommended that plaintiff continue with chiropractic treatment. (Tr. 266.)
Between December 16, 2003, and January 12, 2004, plaintiff participated in chiropractic therapy at ANC during which time plaintiff continued to exhibit pain and limited range of motion. Plaintiff repeatedly reported the pain to worsen with climbing stairs. Electrical stimulus, moist...
To continue reading
Request your trial