Drinnin v. Colvin

85 F. Supp. 3d 1032, 2015 U.S. Dist. LEXIS 2420, 2015 WL 136307
CourtDistrict Court, E.D. Missouri
DecidedJanuary 9, 2015
DocketCase No. 4:13-CV-2061 (CEJ)
StatusPublished

This text of 85 F. Supp. 3d 1032 (Drinnin v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drinnin v. Colvin, 85 F. Supp. 3d 1032, 2015 U.S. Dist. LEXIS 2420, 2015 WL 136307 (E.D. Mo. 2015).

Opinion

MEMORANDUM AND ORDER

CAROL E. JACKSON, District Judge.

This matter is before the Court for review of an adverse ruling by the Social Security Administration.

I. Procedural History

On October 2, 2006, plaintiff Linda Drin-nin filed an application for disability insurance benefits, Title II, 42 U.S.C. §§ 401 et seq., with an alleged onset date of February 24, 2005. (Tr. 78-83). She listed her disabling conditions as residual pain in her neck, right arm, and right hand following a neck fusion operation in 2005 and carpal tunnel syndrome. She stated that she was unable to work because the pain limited her ability to sit, stand, or walk for more than short periods of time, kept her from lifting anything heavy, and impaired her concentration and memory. (Tr. 107-15). After plaintiffs applications were denied on initial consideration (Tr. 47-53), she requested a hearing from an Administrative Law Judge (ALJ). (Tr. 4-5).

Plaintiff and counsel appeared for a hearing on January 24, 2008. (Tr. 23-42). The ALJ issued a decision denying plaintiffs applications on July 16, 2008. (Tr. 9-22). The Appeals Council denied plaintiffs request for review on December 3, 2010. (Tr. 1-3). Plaintiff sought review in this court, Drinnin v. Astrue, 4:11-CV-243 (CEJ), and on September 10, 2012, the court remanded the matter, based upon a détermination that the ALJ improperly relied on the opinion of a non-medical source. [Doc. # 16].

On October 15, 2012, the Appeals Council remanded the. matter to the ALJ. (Tr. 397). The Council noted that plaintiff was found disabled as of August 1, 2009— based on a subsequent application filed on August 3, 2010 — and instructed the ALJ to consider the additional evidence submitted with the subsequent claim. The Appeals Council noted that the ALJ might wish to obtain the testimony of a medical expert to address the issue of onset of disability prior to August 1, 2009.

Plaintiff and counsel appeared for a second hearing on February 6, 2013. (Tr. [1036]*1036339-55). The ALJ again denied plaintiffs application in a decision issued on June 18, 2013. (Tr. 320-38). The ALJ’s second decision stands as the final decision of the commissioner regarding disability prior to August 1, 2009.

II. Summary of Prior Medical Evidence

On February 25, 2005, plaintiff was admitted to St. Anthony’s Medical Center with complaints of bilateral upper extremity numbness, tingling, pain, and weakness. She had been painting a wall when she felt weakness in her legs. She fell and hit her head. An MRI of the spine showed severe degenerative joint disease at C5-C6, osteo-phytes, disk complex impinging the anteri- or thecal sac, and significant neuroforami-nal stenosis. The following day, Charles A. Wetherington, M.D., performed a cervical discectomy, nerve root decompression, and fusion at C4-C5, and C5-C6. (Tr. 166-67).

On March 8, 2005, plaintiff followed up with Dr. Wetherington. She appeared to be doing much better following her surgery, with good strength in her arms. However, she continued to have hyper-pathic 1 pain in her hands that was reduced only with Darvocet2 and Neurontin.3 (Tr. 189). Plaintiff attended physical therapy in April and May 2005. After 12 sessions, she reported improvement in pain and range of motion but still experienced numbness, tingling, and sensitivity to ice and vibration. (Tr. 223). .

On June 21, 2005, Dr. Wetherington noted that' plaintiffs hyperpathic pain was limited to her middle fingers, but it continued to wax and wane. (Tr. 187). She also had “a fair amount of discomfort” in her neck. Her attempt to return to work failed due to decreased tactile sense in her hands. She continued to take 300 mg. of Neurontin, three times a day, and used 4 to 6 Darvocet each day. In September 2005, Dr. Wetherington noted that plaintiffs hyperpathic pain continued and opined that “carpal tunnel syndrome on top of her spinal cord injury [might be] diminishing her overall recovery of her central cord syndrome.” (Tr. 186). A nerve conduction study showed findings consistent with bilateral mild carpal tunnel syndrome and a right C-7 nerve root lesion. (Tr. 140). In December 2005, Dr. Wetherington noted that plaintiff had increased neck discomfort and was having difficulty turning pages in a book and separating sheets of paper. (Tr. 184). CT scans showed the presence of a possible pseudarthrosis4 at C5-C6, which Dr. Wetherington opined could be the cause of plaintiffs generalized neck pain. (Tr. 183). In April 2006, she continued to have some neck pain and worsening pain in her hands. (Tr. 182).

Dr. Wetherington performed a carpal tunnel release on plaintiffs right hand on July 5, 2006. (Tr. 155-56). On September 21, 2006, plaintiff told Dr. Wetherington that she had no improvement in her hand. (Tr. 181). She attended two scheduled physical therapy sessions. (Tr. 228-29). Despite good effort and a home treatment program, she reported no change in her symptoms and continued to experience [1037]*1037tightness and sensitivity in her wrist and thumb. She showed some increase in strength in her right hand'.

On October 2, 2006, plaintiff saw Chad Shelton, M.D., of Pain Management Services. She' reported some improvement of her pain since undergoing carpal tunnel surgery in July 2006, but she still had significant allodynia5 throughout her fingertips. Dr. Shelton administered a trigger point steroid injection to plaintiffs right wrist and gave her Lidoderm patches. (Tr. 191-95). On May 9, 2007, plaintiff returned to Dr. Shelton, complaining of constant moderate pain in her neck, hand, and arm. (Tr. 266-67). She told Dr. Shelton that the injection brought significant improvement in muscular pain in her hand, but she continued to have diffuse burning and tingling pain, with hyper-esthesia,6 allodynia, and occasional spasm. She had significant cold sensitivity and pain that radiated into her forearm with light touch. With respect to her neck, she had “some neck pain but [was] overall doing well from a surgical standpoint.” Pain medications gave her some symptomatic control.

Plaintiff underwent pain management treatment with Nehalkumar Modh, M.D., from April 2008 through June 2008, for treatment of pain in her neck and arms, especially her right arm and hand. (Tr. 311-19). Dr. Modh noted the presence of allodynia and causalgia7 in her right arm, from her bicep to her fingertips, and decreased cervical range of motion. She reported minimal improvement with medications.

III. Additional Evidence Before the ALJ

A. 2010 Application Documents

Plaintiff completed a Function Report on September 4, 20101 (Tr. 513-24). She stated that she got up in the morning to help her son get ready for school.- She then rested on the couch until her pain and dizziness subsided. She took a shower and, if she felt well enough, did light housework. She met her son’s school bus in the afternoon, helped him with homework, and perhaps prepared a light meal in the microwave or crockpot. She no longer cooked family meals due to pain in her hands and dizziness upon standing.

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Cite This Page — Counsel Stack

Bluebook (online)
85 F. Supp. 3d 1032, 2015 U.S. Dist. LEXIS 2420, 2015 WL 136307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drinnin-v-colvin-moed-2015.