Clark v. Astrue

826 F. Supp. 2d 13, 2011 U.S. Dist. LEXIS 18565, 2011 WL 765980
CourtDistrict Court, District of Columbia
DecidedFebruary 25, 2011
DocketCivil Action No. 2007-1917
StatusPublished
Cited by22 cases

This text of 826 F. Supp. 2d 13 (Clark v. Astrue) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Astrue, 826 F. Supp. 2d 13, 2011 U.S. Dist. LEXIS 18565, 2011 WL 765980 (D.D.C. 2011).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

Mary Clark, the plaintiff in this civil lawsuit, seeks a judgment reversing the defendant Social Security Administration’s (the “Administration”) denial of her application for social security disability insurance benefits and supplemental security income benefits. Complaint (“Compl.”) ¶ 4. Currently before the Court is the plaintiffs motion for a judgment of reversal or remand and the defendant’s motion for a judgment of affirmance, which were filed pursuant to 42 U.S.C. § 405(g) (2006). After careful review of the plaintiffs complaint, the administrative record, the parties’ motions, and all memoranda of law and exhibits related to those motions, 1 the Court concludes for the reasons below that it must grant the defendant’s motion for affirmance and deny the plaintiffs motion for reversal.

I. BACKGROUND

Except where otherwise noted, the following facts are part of the administrative record submitted to the Court. The plaintiff is a former “customer service representative for a telephone company ... and ... hair dresser” who, in 1992, “was diagnosed with mild carpal tunnel syndrome.” Administrative Record (“A.R.”) at 16. She sought treatment for her ailment and was given cortisone injections, which helped improve her condition. Id. Approximately ten years later, the plaintiff met with Garcia DeSousa, a neurologist, regarding “numbness and pain in the fingers [of] both hands[,] with the right hand being worse than the left hand.” Id. Dr. DeSousa preformed “EMG and nerve conduction studies of [the plaintiffs] upper extremities,” 2 which “revealed moderately advanced carpal tunnel syndrome.” Id. Although the plaintiff was “treated with anti-inflammatory medication, splinting[,] and injections,” she did not experience any “significant improvement in her condition.” Id.

On March 25, 2002, the plaintiff “underwent [a] right carpal tunnel release.” Id. Despite this surgical procedure, as well as subsequent medication and therapy, the plaintiff continued to experience pain in her right hand. Id. The plaintiff then “underwent EMG and nerve conduction studies of her right upper extremity” on July 25, 2002, which revealed “marked improvement in the distal latencies for the median curve.” Id. Dr. DeSousa conclud *17 ed from these studies that “there was no strong indication to suggest residual carpal tunnel syndrome or recurrent carpal tunnel syndromes,” but he recommended that the plaintiff undergo “a follow[-]up study ... should her symptoms persist.” Id. There is no evidence, however, that the plaintiff returned to Dr. DeSousa “with a worsening of her symptoms.” Id.

On April 24, 2003, the plaintiff visited Frederic Guerrier, M.D., at the Roser Park Medical Center, who she has seen “on an[d] off since June 25, 1998[,] for yearly checkups and for her complaints of hand pain, itchy skin[,] and hypertension.” Id. at 16-17. On this particular visit, the plaintiff visited Dr. Guerrier regarding “pain in her joints” and to have “her medication refilled.” Id. at 16. Dr. Guerrier referred the plaintiff for additional laboratory tests, which “revealed [an] elevated glucose ... and cholesterol reading.” Id. at 17. Then, on June 26, 2003, the plaintiff “reported to Dr. Guerrier” that she had experienced a fall “at work and was having right[-]sided pain in her chest, arm, shoulder, back[,] and hip.” Id. The plaintiff also informed Dr. Guerrier “that she sought help at Johnnie Ruth Clark Clinic,” and that the clinician at that facility had “restricted her from work” for approximately one week. Id. A physical examination was subsequently conducted on the plaintiff (presumably by Dr. Guerrier), which revealed “no acute distress.” Id.

The plaintiff did not return to the Roser Park Medical Center for further examination by Dr. Gurrier until October 6, 2003, when she claimed to have been experiencing body pain as a result of another fall two weeks prior to the visit. Id. Although she received “a cortisone shot in her shoulder” which relieved some of the pain, the plaintiff indicated to Dr. Guerrier that the problem was “not totally resolved.” Id. Furthermore, she “reported having neck spasms.” Id. An examination of the plaintiff revealed “tenderness to palpation in her right shoulder.” Id.

As alluded to above, the plaintiff had been diagnosed with having elevated blood pressure. Id. On May 18, 2003, the plaintiff visited the St. Petersburg Free Clinic (the “Free Clinic”) “for [a] blood pressure check and medication refills.” Id. “Her blood pressure was noted to be 150/98 in the left arm and 130/80 in the right arm.” 3 Id. The plaintiff returned to the clinic on May 22, 2003, and her blood pressure “was noted to be quite elevated [at] 180/100.” Id. A few weeks later, on June 19, 2003, her blood pressure was registered at 110/64. Id. Then, “[o]n September 9, 2003, her blood pressure was 130/80.” Id. As treatment for her hypertension, the plaintiff was prescribed HCTZ, Lipitor, Bextra, and Zestril. Id.

The plaintiff suffered from yet another ailment on March 18, 2004, when she visited a hospital emergency room “after injuring her left finger.” Id. The plaintiff underwent an x-ray examination, which revealed “an acute fracture” on her left hand. Id. The finger was placed on a splint, “and she was given a prescription for anti-inflammatory medication and pain medicine.” Id.

The next day, the plaintiff returned to the Free Clinic to seek treatment for her various medical conditions. Id. During that visit, the plaintiffs blood pressure was measured at 120/70, and she was advised *18 not to go to work until April 12, 2004. Id. The plaintiff then returned to the Free Clinic on March 30, 2004, where “she reported [that] she was doing well.” Id. “She was advised to begin active exercise and warm [water] soaks for her fractured finger for restoration of motion.” Id. The plaintiff was again examined on April 13, 2004, and while the condition of her finger was improving, she was “advised to continue with active exercise of the PIP joint.” Id. Then, on June 10, 2004, an x-ray examination of the claimant’s left shoulder “showed some degenerative osteoarthritis in the acromioclavicular joint and glenohumeral area as well as some mild impingement.” Id. She next returned to the Free Clinic on September 25, 2004, and “reported [having] pain in both wrists.” Id. She did report, however, that “she was doing fairly well on her medication,” but that some of the medication “made her sleepy.” Id.

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Bluebook (online)
826 F. Supp. 2d 13, 2011 U.S. Dist. LEXIS 18565, 2011 WL 765980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-astrue-dcd-2011.