Callahan v. Barnhart

186 F. Supp. 2d 1219, 2002 U.S. Dist. LEXIS 8128, 2002 WL 229891
CourtDistrict Court, M.D. Florida
DecidedJanuary 30, 2002
Docket8:00-cv-01005
StatusPublished
Cited by2 cases

This text of 186 F. Supp. 2d 1219 (Callahan v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callahan v. Barnhart, 186 F. Supp. 2d 1219, 2002 U.S. Dist. LEXIS 8128, 2002 WL 229891 (M.D. Fla. 2002).

Opinion

MEMORANDUM AND ORDER

YOUNG, District Judge. 2

This is an action under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). *1221 The plaintiff, Donna Callahan (“Callahan”), seeks judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying her application for Social Security Disability benefits.

I. BACKGROUND

A. Statement of Facts

1. Medical History

On September 3, 1984, Callahan (then named Falk) was involved in a motorcycle accident in which she sustained compound fractures to the radius and ulna of her left arm and fourth and fifth metacarpals of her left hand, lacerations on her left knee, and multiple contusions and abrasions. Tr. 168. Callahan was taken to the University Community Hospital in Tampa, Florida, where her lacerations were closed, her left arm was placed in a splint and the metacarpal fractures in her left hand were treated with an intermedullary pin fixation. Id. A week later metal plates and screws were attached to her left radius and ulna. Id. On September 20, Callahan was transferred to the care of Dr. William L. Earp, who supervised her recovery and continued to see her until May 10, 1998. Tr. 160-68. On October 4, Dr. Earp removed the pins from the metacarpals and placed Callahan in an extended, short-arm cast that extended out over the three fingers that sustained fractures. Tr. 168.

On January 11, 1985, Dr. Earp reported that all of Callahan’s fractures had healed. Tr. 167. Dr. Earp told Callahan that she no longer needed the cast, and that she should engage in as much exercise and activity as possible, except for lifting objects weighing in excess of fifty pounds, climbing or using heavy tools (like hammers). Id. On April 10, Dr. Earp removed the metal plates and screws from Callahan’s forearm. Tr. 166. Dr. Earp observed in May, however, that the radius of Callahan’s left arm had not completely healed. Id. Dr. Earp therefore performed a bone graft operation on May 15. Tr. 165. On May 23, Dr. Earp placed Callahan in a splint, followed by a long-arm cast. Id. Dr. Earp placed her in a short-arm cast on July 11, id., but after complaints from Callahan about increased discomfort, Dr. Earp restored her to a long-arm cast on July 19, id. On August 9, Callahan indicated to Dr. Earp that she had not been able to find a job, because nobody seemed to want to hire her, and her previous experience — as a typist and cosmetologist — was useless with her arm in a cast. Tr. 164. Dr. Earp suggested that Callahan obtain additional education. Id. On November 13, Dr. Earp reported that Callahan’s arm revealed “excellent healing ... with better functioning ability in the arm than we might have anticipated considering all the injury and surgery.” Id. Callahan displayed full range of elbow flexion, extension, pronation, and supination, good wrist function, slight restriction of full flexion and extension, and good strength in her hands. Tr. 163. Dr. Earp told Callahan she could engage in “most activities that she would care to,” unless she developed pain symptoms around a pin in her wrist, in which case the pin would be removed. Id. Dr. Earp otherwise released Callahan from active care.

On March 6,1987, Callahan was involved in a rear-end vehicular accident. Id. She was diagnosed at the time of the accident with a neck or back sprain, and was advised to seek an orthopedic follow-up examination. Id. Shortly after the accident Callahan went to the First Help Clinic for an orthopedic consultation, where she was placed on a regimen of physical therapy and given Motrin and Tylenol. Id. About six weeks after the second accident, Callahan also began seeing a neurosurgeon, a Dr. Taxdal, who opined that Callahan had flexion extension injury. Id. Dr. Taxdal also recommended physical therapy, and prescribed Darvocet and a TENS Unit. Id. *1222 After seeing Callahan for two months, Dr. Taxdal concluded that Callahan had no neurosurgical problem, and that her condition was instead attributable to the strains of her work supervising children in a nursery and housework. Tr. 162-63.

On July 22, 1987, Callahan returned to see Dr. Earp, who reviewed the reports of the First Help Clinic and Dr. Taxdal. Id. Dr. Earp noted at that túne that both physical examination and x-rays were normal, that Callahan had about ninety percent of normal range of motion, and that scapular motions were full and equal. Tr. 162. Dr. Earp concluded that Callahan “has not sustained any permanent injury and she will fully recover in time.” Id. Dr. Earp recommended that Callahan continue her regimen of over-the-counter medication and at-home physical therapy. Id.

On March 16, 1988, Dr. Earp reviewed past and present x-ray films of Callahan’s back and neck, and found no real change. He did note, however, that Callahan had gained weight. Tr. 160-61. Dr. Earp opined that Callahan “probably with her injury had increased discomfort, gave into the pain, decreased her activities and started gaining weight.” Tr. 160. Dr. Earp encouraged Callahan to stick to her exercise program, and recommended that she take Motrin 800 no more than three times per day for pain or discomfort associated with her injuries or her exercise regime. Id. On May 10, 1988, Dr. Earp’s final medical report indicated that Callahan continued to have problems with neck and back pain, and thought that Callahan ought continue her weight reduction program, taking pain medication as needed. Id.

Callahan apparently did not seek further medical treatment until January 1994, when she checked into an emergency room complaining of chest pain. Tr. 179. All tests and examinations came back normal, although she was prescribed Tagamet and Carafate, and told to see another doctor as soon as possible. Id. On January 21, 1994, Callahan began seeing Dr. Troy R. Jones, who served as her doctor until April 10, 1996. Tr. 169-81. Dr. Jones’s preliminary examination of Callahan assessed her as an overweight but healthy patient. Tr. 180. He prescribed a daily dose of Aspirin and Nitrostat, and set up a follow-up appointment for the next week. Id. During the follow-up appointment, Dr. Jones found a small-to-moderate sized hiatal hernia with gastroesophageal reflux, but noted that there was neither any persistent deformity nor definite ulcer. Tr. 178. During a checkup one month later, Dr. Jones noted that Callahan still had symptoms of reflux esophagitis, and had gained weight since her last visit. Tr. 175. Dr. Jones restricted Callahan to a diet of 1200 calories per day, and recommended that she avoid coffee, tea, tobacco, black pepper, alcohol, and any other food products that might aggravate her situation. Id.

On June 6, 1994, Dr. Jones saw Callahan to check on her acid reflux. Tr. 174.

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Bluebook (online)
186 F. Supp. 2d 1219, 2002 U.S. Dist. LEXIS 8128, 2002 WL 229891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callahan-v-barnhart-flmd-2002.