Connors v. Colvin

174 F. Supp. 3d 1259, 2016 U.S. Dist. LEXIS 41260, 2016 WL 1211843
CourtDistrict Court, D. Colorado
DecidedMarch 29, 2016
DocketCivil Action No. 14-cv-00653-RM
StatusPublished

This text of 174 F. Supp. 3d 1259 (Connors v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connors v. Colvin, 174 F. Supp. 3d 1259, 2016 U.S. Dist. LEXIS 41260, 2016 WL 1211843 (D. Colo. 2016).

Opinion

ORDER

RAYMOND P. MOORE, United States District Judge

I. PROCEDURAL HISTORY

Plaintiff Geri Connors (Plaintiff), applied for social security disability insurance benefits (benefits) on July 29, 2008, alleging disability as of April 11, 2007. (ECF No.7-2, p.20, 200-02, 211-12). Her claims were initially denied in March of 2009. (ECF Nos.7-2, p.20; 7-4, pp.96-98). On May 1, 2009, plaintiff filed her request for an administrative hearing. (ECF No.7-4, pp.101-102). She was granted a hearing before an administrative law judge (ALJ), appeared, testified and was represented by an attorney at the hearing on May 19, 2010. (ECF No. 7-2, pp,60-73). In a decision dated June 2, 2010, the.ALJ denied Plaintiffs application for benefits finding Plaintiff not disabled through September 30, 2009. (ECF No. 7-3, pp. 79-86).

The Plaintiff requested review of the ALJ’s denial and the Appeals Council in an opinion dated January 18, 2012, vacated the decision and remanded it to the ALJ for: (1) consideration of the unadjudicated period from October 1, 2009 through June 30, 2010; (2) clarification of Plaintiffs residual functional capacity (RFC) specifically regarding the frequency arid length of time Plaintiff needed to alternate between sitting and standing; and (3) reconciliation of the RFC sit and stand limitations with the opinions of Drs. Smith and McElhin-ney. (ECF No. 7-3, pp.92-94). Upon remand, the ALJ was also directed to: (1) adjudicate the period through June 30, 2010; (2) give further consideration to [1261]*1261Plaintiffs maximum RFC during the entire period at issue and provide rationale with specific references to the record— specifically to Drs. Smith and McElhin-nejfs opinions; (3) give further consideration to whether Plaintiff was capable, of performing her past relevant work; (4) obtain (if warranted) supplemental evidence from a vocational expert (VE) to clarify the effect of those limitations on Plaintiffs occupational base in support of assessed limitations; and (5) offer the Plaintiff the opportunity for a hearing. (ECF No. 7-3, P-93).

In compliance with the Council’s order, plaintiff was granted another hearing. (ECF No.7-2, pp.35-47). At the May 2, 2012 hearing, Plaintiff appeared, testified and was represented by an attorney. Id. A VE also appeared and testified. (ECF No. 7-2, p.46).

The ALJ again denied plaintiffs application for benefits on May 29, 2012. (ECF No.7-2, pp.20-28). This denial became the Commissioner of Social Security’s (Commissioner) final decision on January 8, 2014, when the Appeals Council denied plaintiffs appeal of the ALJ’s decision. (ECF 7-2, pp. 1-3). Plaintiff now seeks review of that final decision. (ECF No.l).

II FACTUAL HISTORY

A. Social History

Plaintiff was born on July 8, 1966. (ECF 7-5, p.200). At the time of filing Plaintiff was married and had three children under age 18. (ECF No.7-5, p.201). She had completed two years of college in 1987, did not attend any special education classes or have any special job training, trade or vocational school. (ECF NO. 7-6, p.276).

B. Medical History

On April 11, 2007, Plaintiffs alleged onset of disability, Dr. Lalonde performed a hysteroscopic resection of polyps and en-dometrial oblation on Plaintiff. (ECF No. 7-7, pp.357-60). Several months later in July, 2007, Plaintiff had x-ray imaging of her back performed because of her complaints of lower back pain. (ECF No. 7-7, pp.327-28). These x-rays of her sacrum and lumbar spine were within normal limits. Id.

Plaintiff continued to complain- of pain and on August 13, 2007, Plaintiff had MRI imaging of her sacrum, coccyx, lumbar spine, abdomen and pelvis performed. (ECF No. 7-7, pp;323-25). The MRIs were unremarkable revealing: mild sacroiliitis in her right sacroiliac joint; a normal lumbar spine despite some mild ligamentous and facet hypertrophy; a possible ovarian cyst and a possible nabothian cyst. (ECF No. 7-7, pp. 223-25). On October 24, 2007, Dr. Lalonde performed a vaginal total hysterectomy, mid-urethral sling and cystoscopy because of Plaintiffs continuing complaints of pain, severe dysmenorrhea and- urinary stress incontinence. (ECF No. 7-7, pp.330-35).

On November 26, 2007, Plaintiff saw Dr. Sanford for an initial psychiatric evaluation. (ECF No. 7-7, p.376). Dr. Sanford diagnosed Plaintiff with: panic disorder; recurrent and moderately severe major depression; generalized anxiety disorder, chronic pelvic pain, moderately severe stress; a current GAF score of 60 and prescribed Cymbalta for her symptoms. Id. The following month on December 4, 2007, Dr. Sanford changed Plaintiffs prescription to Zoloft. (ECF 7-7, p.375).-Several weeks later Plaintiff presented complaining of anxiety and depression and Dr. Sanford changed Plaintiffs prescription to Seroquel, (ECF No. 7-7, p.374). Plaintiff was reported to be unable to tolerate “even minor medication side effects” when seen on January 8, 2008. (ECF No. 7-7, p.373). On January 28, 2008, Dr. Sanford [1262]*1262changed Plaintiffs medication to Buspar, wanted to rule out rheumatoid/autoimmune disease-that could be exacerbating Plaintiffs psychiatric symptoms and recommended that Dr. Bamberger consider referring Plaintiff to a rheumatologist for workup of Plaintiffs joint pain and nodules. (ECF No. 7-7, p.372).

In February, 2008, Plaintiff was admitted into a .two-week day program at the Meier clinic. (ECF No. 7-7, pp.336-343). On discharge the largely illegible clinic notes reflect that Plaintiffs physical pain, depression and anxiety had decreased due to medication and education of techniques. (ECF No. 7-7, p.336).

When next seen by Dr. Sanford on March 13, 2008, Plaintiff was “doing much better” despite still having “significant pain down her buttocks” and Dr. Sanford assessed Plaintiffs GAF as 65 with severe anxiety. (ECF No. 7-7, p.371). Plaintiff had seen a rheumatologist who thought she might have psoriatic arthritis but had not prescribed any definitive treatment. Id. Dr. Sanford therefore recommended seeking a second rheumatology opinion. Id.

On April 4, 2008, Plaintiff reported she felt she was doing much better and her back pain was less. (ECF No. 7-7, p.370). Dr. Sanford assessed Plaintiffs GAF score as 65 — severe anxiety. Id. On April 17, 2008, Plaintiff saw Dr. Day for an initial evaluation. (ECF No. 7-8, p.444). Dr. Day diagnosed Plaintiff with “diffuse arthritic pain thought to be degenerative with likely some overlying fibromyalgia.” Id. She prescribed an anti-inflammatory and physical therapy for Plaintiffs lower back pain. Id.

Ms. Kenens M.P.T., first evaluated Plaintiff six days later on April 23, 2008. (ECF 7-7, pp. 406-407). Ms. Kenens found Plaintiff had range of movement of 50% on both lumbar flexion and bilateral side bending of 50% with complaints of increased pain while doing them; good SI joint mobility and 5/5 strength of her bilateral quadriceps, 4/5 bilateral hip abduction; tightness and pain to palpation of her back and complaints of pain with pressure on her lumbar spine and when twisting. Id. When seen by Dr. Sanford later that same day, Plaintiff reported she was working at a car dealership and complained of a headache as well as back and pelvic pain. (ECF No. 7-7, p.369). Dr.

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174 F. Supp. 3d 1259, 2016 U.S. Dist. LEXIS 41260, 2016 WL 1211843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connors-v-colvin-cod-2016.