Angela Carrelli v. Comm'r of Social Security

390 F. App'x 429
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 23, 2010
Docket09-6192
StatusUnpublished
Cited by14 cases

This text of 390 F. App'x 429 (Angela Carrelli v. Comm'r of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angela Carrelli v. Comm'r of Social Security, 390 F. App'x 429 (6th Cir. 2010).

Opinion

OPINION

COLE, Circuit Judge.

Plaintiff-Appellant Angela Carrelli seeks review of a district court’s decision affirming the decision of an administrative law judge (“ALJ”) who denied her request for social security disability benefits. Because substantial evidence supports the ALJ’s decision, we AFFIRM.

I. BACKGROUND

A. Factual background

Carrelli is a high school graduate with an associate degree in nursing who previously worked as a registered nurse. In August 2004, she applied for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act, alleging that she had been unable to work since August 25, 2001, because of right piriformis syndrome, shoulder problems, chronic pain, headaches, digestive tract problems, depression, anxiety, and difficulty sleeping. The state agency denied her application initially and on reconsideration. She then requested an administrative hearing. At the time of the hearing, she was fifty years old, and she was fifty-one years old when the ALJ issued his decision.

1. Medical evidence

In August 2001, Carrelli sought treatment for pain in her right hip and was given a cortisone injection. The injection gave her temporary relief, but her pain persisted, and, in September 2001, she sought medical assistance from Dr. David Hauge. Dr. Hauge performed a neurological evaluation, found “a very miniscule disc bulge at the L5-S 1 level on the left which [was] very, very subtle.” (Administrative Record (“AR”) 187.) Dr Hauge suspected that Carrelli suffered from piriformis syndrome — a neuromus-cular disorder that occurs when the piri-formis muscle, a narrow muscle located in the buttocks, compresses or irritates the sciatic nerve. The following month, in November 2001, Carrelli received another cortisone injection. Before the procedure, an examination showed normal strength, sensation, and deep tendon reflexes in both legs. Post-procedure, Carrelli reported positive results and was instructed to return for injections as needed.

In April 2002, still having hip pain, Car-relli underwent an electronyogram and a nerve-conduction study. The tests results were normal. Two months later, Carrelli consulted a pain specialist, Dr. Dennis Harris. His examination revealed that Carrelli had full range of motion and strength in her lower extremities, normal tone and movement, and the ability to walk on her heels and toes without difficulty. In addition, she had normal mood and affect as well as normal thought content and thought process. Dr. Harris diagnosed chronic muscle pain and recommended aggressive physical therapy and epidural infusion. In August of that same year, Carrelli again saw Dr. Harris who administered an epidural infusion for her right hip. After the injection, she reported “good relief,” and that she was “able to tolerate physical therapy treatments which helped improve her range of motion.” (AR 210.)

*431 At a follow-up visit with Dr. Harris in October 2002, Carrelli reported that she thought she made “some progress” and was “slowly progressing” with physical therapy three times per week. (AR 254.) However, she also reported left hip pain and “expressed frustration” that “she would never get better.” (Id.) In addition, she requested another lower-back MRI. It showed only minor degenerative changes and a left-side disc bulge that was unchanged from previous MRIs.

An MRI of Carrelli’s pelvis was taken several months later in February 2003. The MRI showed mild hypertrophy, or enlargement, of the right piriformis muscle, compared to the left. Dr. Glenn Jung, who read the MRI, concluded, however, that the “clinical significance of this [was] uncertain,” and “[t]here [were] no other significant findings.” (AR 520.) An August 2004 CT-scan of Carrelli’s pelvis showed no abnormalities. In addition, a bone mineral content exam in September 2003 showed normal bone density in Car-relli’s lumbar spine and borderline ostepe-nia (low bone density) in her left hip. The radiologist recommended follow-up in two to three years. When Carrelli had the recommended follow-up in March 2006, the test showed only mild bone density loss in her left hip.

During this time period, Carrelli also saw Dr. Paul Naylor, an orthopedic surgeon. In October 2004, Dr. Naylor wrote to Carrelli’s attorney, explaining that Car-relli had chronic piriformis syndrome and that he thought it was “not likely to get better.” (AR 279.) He also thought “with a reasonable degree of medical certainty she [was] not going to be able to carry on as an RN....” (Id.)

In addition to hip pain, Carrelli began reporting left shoulder pain in April 2003. An MRI showed mild hypertrophy, which produced minimal impingement of her shoulder, but no evidence of a complete rotator cuff tear. In March 2004, after Carrelli had experienced pain in her left shoulder for more than one year, Dr. Nay-lor diagnosed her with chronic shoulder pain. Later that month, he performed an arthroscopic surgical procedure on her left shoulder. In June 2004, Carrelli reported marked improvement. However, in December 2004, Carrelli felt a “pop” in her left shoulder after lifting a twelve-pound turkey. Despite the injury, Dr. Naylor concluded that Carrelli had good range of motion, and an MRI showed only slight irritation.

In January 2005, Dr. Jeffrey Summers, a consulting physician, examined Carrelli. Dr. Summers noted that Carrelli limped and favored her right leg but did not require an aid to walk. She also had mild difficulty rising from a seated position and getting on and off the examination table. Dr. Summers concluded that because of her hip pain, Carrelli would have difficulty sitting, standing, or walking for more than thirty minutes continuously or for more than six hours in a workday and would have difficulty squatting, kneeling, climbing, and stooping on a frequent basis. He also concluded, however, that she would otherwise be able to tolerate work-related activities in this regard. Because of her shoulder injury, Dr. Summers stated that Carrelli should avoid working overhead as well as reaching, pulling, pushing, lifting, or carrying greater than twenty pounds with her left arm, but otherwise, she should tolerate all other work-related activities in this regard. Finally, Dr. Summers found Carrelli to be alert and oriented to person, place, time, and situation; he also found her cognitive function and intelligence to be commensurate with her formal education.

A few months later, in January 2005, Dr. Celia Gulbenk, a state agency physician, *432 reviewed Carrelli’s medical records. Dr. Gulbenk concluded that Carrelli could lift or carry up to twenty pounds occasionally and up to ten pounds frequently; was limited in her ability to push or pull with her lower extremities; could stand or walk for about six hours in an eight-hour workday; could sit about six hours in an eight-hour workday; and was limited to occasional climbing, balancing, stooping, kneeling, crouching, and crawling. The doctor also noted that Carrelli’s allegations of pain were not “wholly credible.” (AR 350.)

During that same month, at the state agency’s request, psychologist Tracy All-red examined Carrelli. Dr.

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