Chambers v. Astrue

835 F. Supp. 2d 668, 2011 U.S. Dist. LEXIS 143080, 2011 WL 6181349
CourtDistrict Court, S.D. Indiana
DecidedDecember 13, 2011
DocketCause No. 1:10-CV-01239-TWP-MJD
StatusPublished

This text of 835 F. Supp. 2d 668 (Chambers 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
Chambers v. Astrue, 835 F. Supp. 2d 668, 2011 U.S. Dist. LEXIS 143080, 2011 WL 6181349 (S.D. Ind. 2011).

Opinion

ENTRY ON JUDICIAL REVIEW

TANYA WALTON PRATT, District Judge.

Plaintiff, Gwynnell D. Chambers (“Mrs. Chambers”), requests judicial review of the decision of Defendant, Michael J. As-true, Commissioner of Social Security Administration (“the Commissioner”), denying Mrs. Chambers’ application for Disability Insurance Benefits (“DIB”). For the reasons set forth below, the Commissioner’s decision is REMANDED for further proceedings consistent with this opinion.

I. BACKGROUND

A. PROCEDURAL HISTORY

Mrs. Chambers filed an application for DIB on February 27, 2006, alleging she became disabled on February 14, 2006. Her application was denied initially and upon reconsideration. On May 20, 2009, Mrs. Chambers appeared with counsel and testified at a hearing before Administrative Law Judge (“ALJ”) Reinhardt Korte. On June 11, 2009, the ALJ issued his decision finding that Mrs. Chambers was not disabled. On September 16, 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. HISTORY

Mrs. Chambers was born in 1954. (R. at 887). She was 52 years old on her alleged onset date of February 14, 2006. (R. at 887). She has a GED and worked as a laboratory assistant at Bloomington Hospital from February 1980 to February 2006. Mrs. Chambers alleges disability due to fibromyalgia, migraine headaches, degenerative disc disease of the cervical spine, depression and anxiety.

1. Medical History of Treatment by Physicians Other Than the Primary Physician

Mrs. Chambers was initially evaluated by rheumatologist Dr. William Rusche on October 14, 2003. (R. at 380-81). Mrs. Chambers reported lower extremity muscle pain not associated with exertion or activity. (R. at 380). Dr. Rusche diagnosed Mrs. Chambers with lower extremity myalgias, and noted she lacked the typical fibromyalgia tender points. (R. at 381).

Mrs. Chambers was initially evaluated by neurologist Dr. Jamie Bales on March 26, 2004. (R. at 102, 109, 475-79). Mrs. Chambers reported pain, numbness, and cramps in her legs. (R. at 475). Dr. Bales concluded Mrs. Chambers had no abnormalities that suggested central or peripheral neurologic disease; there was no evidence she had myositis, myopathy, or root disease; and she likely had fibromyalgia. (R. at 479).

On July 2 and September 24, 2004, Mrs. Chambers was again treated by Dr. Bales. (R. at 471). She reported no real changes in her symptoms, but that she was a little better than when she first saw Dr. Bales in March. (R. at 471). Mrs. Chambers described her pain as occurring five to six days a week. (R. at 466). Mrs. Chambers stated that she was sometimes unable to go into work. (R. at 466). She reported [670]*670that one to two days per week she had to leave work early. (R. at 466). At both visits, Dr. Bales concluded a “possible diagnosis” of fibromyalgia. (R. at 474). On November 30, 2004, Mrs. Chambers was treated by Dr. Bales. (R. at 461). Mrs. Chambers reported her pain “was about the same.” (R. at 461). She reported having trouble thinking clearly and increased fatigue. (R. at 461-65). Dr. Bales maintained his “possible diagnosis” of fibromyalgia and referred her back to Dr. Rusche for a reevaluation of myalgia and fibromyalgia. (R. at 464-65).

On December 15, 2004, Dr. Rusche examined Mrs. Chambers. (R. at 384). Mrs. Chambers reported lower extremity myalgias. (R. at 384). Dr. Rusche diagnosed Mrs. Chambers with fibromyalgia. (R. at 384). Dr. Rusche recommended Mrs. Chambers perform low impact exercises and aquatic exercises with physical therapy. (R. at 384).

On January 21, 2005, Mrs. Chambers was treated by Dr. Bales. (R. at 456-60). Mrs. Chambers described three bad days for her legs in December. (R. at 456). She reported that she had been off work for approximately one month, and her legs were better, because she had not been standing all day at work. (R. at 456). She stated it was a good day for her, and she had no pain. (R. at 460). Dr. Bales changed his “possible diagnosis” of fibromyalgia to a firm diagnosis of fibromyalgia. (R. at 459).

On March 10, 2005, Mrs. Chambers was treated by Dr. Bales. (R. at 452-55). Mrs. Chambers reported pain that caused her to leave work early two to three times per week. (R. at 455). She also reported bouts of pain that prevented her from working for several days. (R. at 455). Mrs. Chambers stated she was concerned about her job because of her absences. (R. at 452). Dr. Bales referred her back to Dr. Rusche. (R. at 455).

On March 17, 2005, Dr. Rusche treated Mrs. Chambers. (R. at 385). Mrs. Chambers reported “persistent, generalized pain most prominent” in her lower extremities. (R. at 385). Mrs. Chambers stated she was unable to work the prior week due to the pain. (R. at 385). Dr. Rusche noted 18 tender points. (R. at 385). He modified her medication and recommended aquatic therapy. (R. at 385); Mrs. Chambers attended six aquatic therapy sessions in April and May 2005. (R. at 245-63). At the end of the therapy, however, she reported no overall decrease in her pain. (R. at 259).

On May 17, 2005, Mrs. Chambers was treated by Dr. Rusche. (R. at 386). Mrs. Chambers reported nine days of pain earlier in the month, which caused her to miss four days of work. (R. at 386). Dr. Rusche modified her medication and recommended low impact exercises. (R.. at 386) .

On August 16, 2005, Mrs. Chambers was treated by Dr. Rusche. (R. at 387). Mrs. Chambers complained of generalized pain and daily migraines. (R. at 387). She reported missing four days of work the prior week due to the migraines. (R. at 387) . Dr. Rusche noted 18 tender points. (R. at 387). Mrs. Chambers asked Dr. Rusche whether she was a candidate for disability benefits. (R. at 387). Dr. Rusche wrote in his records, “I ... believe that ... she has come to the point where she is no longer able to work, she should apply for Social Security Disability.” (R. at 387).

On October 12, 2005, Mrs. Chambers was treated by Dr. Rusche. (R. at 388). Mrs. Chambers reported persistent, generalized pain that was most prominent in her left neck region and lower left extremity. (R. at 388). She stated she was missing one to two days of work per week due [671]*671to the pain. (R. at 388). Dr. Rusche noted seven tender points. (R. at 388).

On October 31, 2005, Mrs. Chambers had a cervical MRI. (R. at 168). The MRI showed a “slight increase in size of a left paracentral disc and osteophyte complex at C5-6 now causing minimal deformity of the left ventral cord,” a “mild disc bulging at the C4-5 and C6-7 levels without cord impingement,” and “mild facet arthropathy at C5-6 without significant neural foraminal narrowing.” (R. at 168).

On December 19, 2005, Mrs. Chambers was treated by Dr. Rusche. (R. at 389). Dr. Rusche reported 18 tender points. (R. at 389). In response to Mrs. Chambers’ inquiry as to her ability to work, Dr. Rusche noted that “[biased on her poor response to medications, therapy, and exercise, I believe she is disabled.” (R. at 389).

On January 12, 2006, Mrs. Chambers went to the emergency room for “generalized aches.” (R. at 287). Mrs. Chambers was diagnosed with a muscle strain. (R. at 291). She was discharged and instructed to follow up with Dr. Rusche and her primary physician, Dr. Winders. (R. at 296).

On February 14, 2006, Mrs.

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835 F. Supp. 2d 668, 2011 U.S. Dist. LEXIS 143080, 2011 WL 6181349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-astrue-insd-2011.