Comstock v. Astrue

923 F. Supp. 2d 1142, 2013 WL 563520, 2013 U.S. Dist. LEXIS 19752
CourtDistrict Court, N.D. Iowa
DecidedFebruary 14, 2013
DocketNo. C12-4013-LTS
StatusPublished

This text of 923 F. Supp. 2d 1142 (Comstock v. Astrue) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Comstock v. Astrue, 923 F. Supp. 2d 1142, 2013 WL 563520, 2013 U.S. Dist. LEXIS 19752 (N.D. Iowa 2013).

Opinion

ORDER

LEONARD T. STRAND, United States Magistrate Judge.

Introduction

Plaintiff Dawn Comstock seeks judicial review of a final decision of the Commissioner of Social Security (the “Commissioner”) denying her application for supplemental security income (“SSI”) pursuant to Title XVI of the Social Security Act, 42 U.S.C. § 1383(c)(3). Com-[1145]*1145stock contends the administrative record (“AR”) does not contain substantial evidence to support the Commissioner’s decision that she is not disabled.

Background

Comstock was born in 1968 and completed school up to ninth grade. AR 33, 144. She previously worked as a cashier, change person, cocktail waitress, fast food worker, and telephone solicitor. AR 250-55. Comstock protectively filed for SSI on August 8, 2008, alleging disability beginning on January 1, 2007,1 due to migraine headaches, psychological problems, and fibromyalgia. AR 158, 163. Her claims were denied initially and on reconsideration. AR 74-77, 86-89. Comstock requested a hearing before an Administrative Law Judge (“ALJ”). AR 95. On October 27, 2010, ALJ Jan E. Dutton held a hearing via video conference during which Comstock and a vocational expert (“VE”) testified. AR 25-53.

On December 1, 2010, the ALJ issued a decision finding Comstock not disabled since August 8, 2008. AR 10-19. Com-stock sought review of this decision by the Appeals Council, which denied review on January 13, 2012. AR 1-3. The ALJ’s decision thus became the final decision of the Commissioner. 20 C.F.R. §§ 404.981, 416.1481.

On January 31, 2012, Comstock filed a complaint in this court seeking review of the ALJ’s decision. On February 27, 2012, with the parties’ consent, United States District Judge Mark W. Bennett transferred the case to then-Chief United States Magistrate Judge Paul A. Zoss for final disposition and entry of judgment. On June 8, 2012, the case was reassigned to me. The parties have briefed the issues and the matter is now fully submitted.

Summary of Evidence

I have reviewed the' entire record. The following is a summary of the evidence relevant to Comstock’s claim:

A. Medical Evidence

In March 2008, Comstock saw Maria Tudor, M.D., for a comprehensive medical examination. AR 267-68. She complained of joint pain that started in her hands and developed into her knees, wrists, hips, ankles, toes, shoulders and elbows. Id. She said it was continuous and sometimes interfered with her sleep. Id. She was given a trial course of steroids and other medication. Follow-up tests were also.ordered. Id. Two weeks. later, Comstock was not experiencing any relief of her symptoms. AR 263. Dr. Tudor explained that fibromyalgia is a chronic problem that will have good days and bad days. She gave Com-stock new medication .and told her to follow up in two to three weeks. Id.

In September 2008, Comstock saw Susan Vigdal, ARNP, for her fibromyalgia pain. AR 304. Vigdal noted Comstock had also developed some confusion from the fibromyalgia. Comstock said she had quit taking her medication because she could not afford it. Vigdal referred her to Dr. Wisco, a specialist. Id:

Robert Wisco, M.D., is Comstock’s most recent treating physician for her fibromyalgia. AR 347. He began seeing her on January 14, 2009, for a rheumatologic consultation and an assessment of her musculoskeletal problems. Id. Dr. Wisco went over her past medical history and Comstock reported that her headaches were much better than they had been in the past. Id. Dr. Wisco thought that her symptoms were most consistent with fibro[1146]*1146myalgia. He recommended that she begin a regular exercise program and prescribed gabapentin. AR 349.

As for her mental impairments, Com-stock has seen Karen Stoos, ARNP, at Siouxland Mental Health Center since March 2007 for depression, anxiety and insomnia. AR 282-83. Ms. Stoos diagnosed Comstock with major depressive disorder and prescribed an anti-depressant. Id. At an appointment in May 2008, Comstock mentioned she stopped taking her medication the previous year because she thought she would be fine without it. AR 297. She also told Ms. Stoos thát she had worked at Hardee’s for a couple of months but was asked to leave because she was crying daily. Id. She then went' back to a previous telemarketing job but only lasted a few weeks because she was crying daily. Id. Comstock told Ms. Stoos that she had been taking Cymbalta since January for her fibromyalgia and depression and that it was working well. Id.

Comstock began seeing Jennifer Crew, a licensed social worker, at Siouxland Mental Health on August 4, 2008. AR 387. Com-stock stated she had stopped • taking the medication prescribed by Ms. Stoos because she had concerns about , her blood sugar being low. Id. Comstock did not start taking her medichtion again until October 2008. AR 392. Comstock primarily discussed her difficulties with fibromyalgia pain and depression with Ms. Crew. On December 23, 2009, Ms. Crew noted that Comstock had been admitted to the hospital on December 20th after she had made cuts along her stomach and upper leg. AR 525. She was released the next day. Id. At this appointment, Comstock said she had not been taking her medication. Id.

Comstock was admitted to the hospital on August 30, 2010, for chest pain and was found to have myocardial infarction. AR 584. She underwent cardiac catheterization and three stents were placed. AR 586, 803. Her discharge instructions noted that she was limited to light activity and no heavy lifting or straining for 48 hours. AR 806. Comstock experienced groin pain for five or six days after her surgery and went to the emergency room to have it evaluated. AR 588. A CT scan revealed a moderate retroperitoneal hematoma and she was admitted for further evaluation. AR 588. She was transferred to ICU at Mercy Medical Center for further testing. AR 611. She was diagnosed with retroperitoneal bleed and discharged on September 8, 2010, with medications and instructions to follow-up with her primary care provider for hemoglobin checks. AR 656.

Following her hospitalizations, Com-stock often discussed her health concerns with Ms. Crew. In October 2010, she found out she had high cholesterol. AR 1067. Comstock told Ms. Crew she was working on exercising and walking six blocks each day. Id. However, Comstock said her pain level had significantly increased and her doctor had prescribed stronger medication to be used for the worst pain episodes. Id.

B. Consultative Examinations

Douglas Martin, M.D., performed a physical consultative examination on October 7, 2008. AR 305-11. Comstock explained that she had a two-to-three-year history of widespread muscle and joint pain and that a physician had told her in January 2008 that she might have both fibromyalgia and rheumatoid arthritis. AR 305. Comstock also told Dr. Martin that she was being treated with a combination of anti-depressants and Lyrica for her condition. Id. In his assessment, Dr.

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Related

Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Kluesner v. Astrue
607 F.3d 533 (Eighth Circuit, 2010)

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Bluebook (online)
923 F. Supp. 2d 1142, 2013 WL 563520, 2013 U.S. Dist. LEXIS 19752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comstock-v-astrue-iand-2013.