Allen v. Astrue

843 F. Supp. 2d 920, 2011 WL 6886003, 2011 U.S. Dist. LEXIS 149473
CourtDistrict Court, S.D. Indiana
DecidedDecember 29, 2011
DocketCause No. 1:10-CV-1522-TWP-MJD
StatusPublished

This text of 843 F. Supp. 2d 920 (Allen v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Astrue, 843 F. Supp. 2d 920, 2011 WL 6886003, 2011 U.S. Dist. LEXIS 149473 (S.D. Ind. 2011).

Opinion

ENTRY ON JUDICIAL REVIEW

TANYA WALTON PRATT, District Judge.

Plaintiff, Robert A. Allen (“Allen”), requests judicial review of the decision of Defendant, Michael J. Astrue, Commissioner of Social Security Administration (“the Commissioner”), denying Allen’s application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). For the reasons set forth below, the Commissioner’s decision is REMANDED for further proceedings consistent with this opinion.

I. BACKGROUND

A. PROCEDURAL HISTORY

On August 1, 2007, Allen filed applications for DIB and SSI, alleging that he became disabled on June 29, 2007. His application was denied initially on October 24, 2007 and upon reconsideration on January 24, 2008. On March 24, 2010, Allen appeared with counsel and testified at a [923]*923video hearing before Administrative Law Judge (“ALJ”) Gregory M. Hamel. On April 22, 2010, the ALJ issued his decision finding that Allen was not disabled. On October 29, 2010, the Appeals Council denied review of the ALJ’s decision. The ALJ’s decision is therefore the final decision of the Commissioner for purposes of judicial review.

B. MEDICAL HISTORY

Allen was 40 years old on his alleged onset date of June 29, 2007. (R. at 24). He has a high school education and lives with his parents. (R. at 33, 34-35). Allen has a 20 percent permanent disability rating with the Veteran’s Administration (“VA”) and receives $225.00 per month in income from the VA. (R. at 152, 35). Allen was previously employed as a janitor and a meat cutter. (Pl.’s Br. 10).

Allen has a history of knee problems (R. at 278, 320, 400). In August 2006, Allen visited a VA hospital for “progressive gait, balance problems.” (R. at 232). On December 4, 2006, Allen was treated by Dr. Shah. (R. at 254). Dr. Shah noted that Allen began having difficulty walking in November 2005 due to numbness in his legs, and that his condition had progressively worsened over the years. (R. at 254). An MRI showed “disc/osteophyte complex with cord signal change at C6-7,” and Allen was diagnosed with “cervical spondylitic myelopathy 1” (R. at 256). On December 7, 2006, Allen underwent Anterior Cervical Discectomy and Fusion surgery on his spine at C6-C7.2 (R. at 313, 346-348). Allen’s diagnosis before and after the surgery was “[cjervieal myelopathy from C6-C7 herniated disc.” (R. at 346). Following the operation, Allen was issued a shower chair and walker. (R. at 248, 389).

In 2007, Allen attended multiple doctor appointments to follow up on his progress after the surgery. In January 2007, Allen reported improvement in his lower extremities: he was able to bend his knees, and no longer had problems balancing. (R. at 290). He noted that his ability to walk was improving and that he was using a walker and a cane. (R. at 290). At his May 25, 2007 appointment, Dr. Singh reported that Allen’s myelopathy had improved slightly, but Allen continued to have knee pain. (R. at 284).

On August 1, 2007, Allen filed his application for DIB and SSI benefits with an onset date of June 29, 2007. The ALJ began his analysis of Allen’s condition beginning with the July 2007 post-operative doctor’s appointment. (R. at 21). At this appointment, Dr. Daly noted Allen’s “walking has improved markedly following surgery.” (R. at 282). Allen reported numbness in his foot, tingling in his lower extremities, and difficulty walking. (R. at 282). Dr. Daly noted that Allen’s gait was unsteady and he had difficulty walking on his toes. (R. at 283).

In August 2007, Allen was treated for left knee pain and bilateral foot pain. (R. [924]*924at 401). Alen reported that both injuries dated back to his time in the military. (R. at 400). The record noted that Alen’s left ACL was reconstructed in 2000. (R. at 400). Dr. Powell noted Alen had an antalgic gait with a stiff knee, and this gait limited his walking distance to four blocks. (R. at 274-75). Dr. Powell concluded that Alen had pain in his left knee due to “loose body with subsequent OA” that, more likely than not, stemmed from his military injuries. (R. at 276). Dr. Garrido’s report stated as follows: “The patient states his left knee is now giving him more problems with activity and pain with stairs and any aggressive activity such as running or biking.” (R. 400). Dr. Garrido concluded that Alen’s foot pain was due to a lack of range of motion and likely did not result from any injury sustained during his time in the military. (R. at 401). Regarding Alen’s left knee, Dr. Garrido concluded Alen’s pain was associated with his previous knee surgery and likely chondromalacia changes. (R. at 401). Dr. Garrido recommended an MRI to investigate whether there were new chondromalacia changes and to rule out a new meniscal tear. (R. at 401-02).

On September 27, 2007, at the request of the Social Security Administration, Dr. Shuyan Wang examined Alen. (R. at 355) . Dr. Wang reported that Alen ambulated relatively slowly with a wide base gait, walked with a limp on the left leg, and slightly dragged his left foot. (R. at 356) . Dr. Wang observed that Alen had: (1) a history of cervical spine injury and was post-surgery; (2) bilateral feet numbness, left foot weakness, and bilateral leg spasm that were likely secondary to the spinal cord injury; (3) an unstable gait; and (4) bilateral knee pain. (R. at 359). Dr. Wang opined that Alen could work an eight hour day while primarily in a seated position with occasional standing or walking. (R. at 359). Dr. Wang observed that Alen was able to “walk pretty stably without [an] assistive device during the examination,” and he was “able to stand stably.” (R. at 359). Dr. Wang concluded that Alen could push, pull, lift, or carry 10 pounds frequently and 20 pounds occasionally. (R. at 359). He should not, however, do heavy lifting or climbing and has difficulty squatting. (R. at 359). Dr. Wang noted Alen should be able to use his upper extremities for reaching and fine manipulation; however, his ability to operate foot controls with his lower extremities was likely partially limited. (R. at 359).

.On October 22, 2007, Dr. M. Brill reviewed Alen’s medical record and completed a Residual Functional Capacity Assessment (“RFCA”). (R. at 362-69). Dr. Brill concluded that Alen could occasionally lift and/or carry 20 pounds, frequently lift and/or carry 10 pounds, stand and/or walk at least two hours in an eight hour workday, and sit for a total of approximately six hours in an eight hour workday. (R. at 363). Dr. Brill concluded that Alen: (1) was unlimited in his ability to push and/or pull hand and/or foot controls (R. at 363); (2) could occasionally climb, balance, stoop, kneel, crouch, and crawl (R. at 364); and (3) should avoid wet, uneven terrain, dangerous machinery, and unprotected heights. (R. at 366). Dr. Brill noted no other limitations. (R. at 365-66). On January 23, 2008, Dr. J.V. Corcoran affirmed Dr. Brill’s assessment. (R. at 506).

On November 9, 2007, Alen was treated by Dr. Singh for increasing knee instability. (R. at 412-13). Alen stated that occasionally his left knee gave out and his hip locked up. (R. at 412). Alen reported falling down due to his knee problem. (R. at 412). Dr. Singh recommended physical therapy to stabilize his knee joints. (R. at 413).

[925]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Sullivan v. Zebley
493 U.S. 521 (Supreme Court, 1990)
McLeod v. Astrue
640 F.3d 881 (Ninth Circuit, 2011)
Parker v. Astrue
597 F.3d 920 (Seventh Circuit, 2010)
Terry v. Astrue
580 F.3d 471 (Seventh Circuit, 2009)
Herron v. Shalala
19 F.3d 329 (Seventh Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
843 F. Supp. 2d 920, 2011 WL 6886003, 2011 U.S. Dist. LEXIS 149473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-astrue-insd-2011.