Dunkle v. Commissioner of Social Security

829 F. Supp. 2d 307, 2011 U.S. Dist. LEXIS 54054, 2011 WL 1930619
CourtDistrict Court, W.D. Pennsylvania
DecidedMay 19, 2011
DocketCivil Action No. 10-1360
StatusPublished
Cited by1 cases

This text of 829 F. Supp. 2d 307 (Dunkle v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dunkle v. Commissioner of Social Security, 829 F. Supp. 2d 307, 2011 U.S. Dist. LEXIS 54054, 2011 WL 1930619 (W.D. Pa. 2011).

Opinion

MEMORANDUM OPINION

WILLIAM L. STANDISH, District Judge.

I. INTRODUCTION

Plaintiff, Angela Lee Dunkle, seeks judicial review of a decision of Defendant, Commissioner of Social Security (“the Commissioner”), denying her applications for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) under Titles II and XVI, respectively, of the Social Security Act, 42 U.S.C. §§ 401-433 and §§ 1381-1383Í'.1 Presently before the Court are the parties’ cross-motions for summary judgment pursuant to Fed. R.Civ.P. 56. For the reasons set forth below, Plaintiffs motion for summary judgment will be granted, and the Commissioner’s cross-motion for summary judgment will be denied.

II. PROCEDURAL HISTORY

Plaintiff filed applications for DIB and SSI on June 5, 2008, alleging disability since April 1, 2008 due to high cholesterol and mental illness. (R. 125-31, 132-37, 159). Plaintiffs applications were denied and she requested a hearing before an administrative law judge (“ALJ”). (R. 88). [309]*309Plaintiff, who was represented by counsel, testified at the hearing which was held on August 13, 2009. A vocational expert (“VE”) also testified. (R. 30-64).

The ALJ issued a decision on October 5, 2009, denying Plaintiffs applications for DIB and SSI based on his determination that Plaintiff retained the residual functional capacity (“RFC”) to perform work existing in significant numbers in the national economy.2 (R. 14-29). Plaintiffs request for review of the ALJ’s decision was denied by the Appeals Council on August 17, 2010. (R. 1-6). Thus, the ALJ’s decision became the final decision of the Commissioner. This appeal followed.

III. BACKGROUND

Plaintiff testified at the hearing before the ALJ as follows:

Plaintiff was born on July 11, 1972,3 and she is a high school graduate. At the time of the hearing, Plaintiff, who is 5'4" tall, weighed 297 pounds. (R. 35-37). With regard to work history, Plaintiff has held jobs as a salad bar worker at an Eat ’n Park restaurant (9/1/2000 - ?), a desk clerk at a Super 8 motel (9/1/2003 - 12/1/2005), a cashier at a Sheetz convenience store (1/1/2007 - 9/1/2007) and a cashier at a McDonald’s restaurant (12/1/2007 6/1/2008).4 (R. 57-58,160).

Plaintiff receives treatment at the Irene Stacey Community Mental Health Center for anxiety and depression. She sees a therapist once a month and a psychiatrist for medication checks every 2 to 3 months. When anxious, Plaintiff picks at her arms and legs causing open sores. At the time of the hearing, Plaintiff was being treated for a Methicillin-Resistant Staphylococcus Aureus (“MRSA”) infection in the sores on her legs.5 Despite the mental health treatment, Plaintiff continued to cry a lot, avoid social situations and experience panic attacks. (R. 38-40). Plaintiff also suffers from high cholesterol, insomnia and fatigue. (R. 41, 48, 54). In addition, Plaintiff testified that she has “some” trouble with her right ankle, i.e. “[i]t cracks on me every once in a while.” (R. 54). At the time of the hearing, Plaintiff was taking the following prescribed medications: Trazadone (insomnia), Naltrexone (anxiety), Ability (depression) and Klonopin (anxiety). (R. 199).

As to activities of daily living, Plaintiff can perform routine household chores and care for her own personal needs, but she does not go out by herself due to anxiety and panic attacks from being around other people. As a result, Plaintiff does not go grocery shopping unless she is accompanied by her mother. (R. 42-43). Plaintiff spends a couple of hours each day in a recliner because her legs “bother” her when she stands too long. Plaintiff does [310]*310not know the cause of her leg pain. (R. 55).

IV. MEDICAL EVIDENCE 6

On May 12, 2007, Plaintiff went to the Emergency Room of Armstrong County Memorial Hospital complaining of swelling, blisters, redness and pain in her right lower extremity. Plaintiffs physical examination revealed “an extensive area of large bulla (blisters) just below the level of the knee with thickened red skin extending from the mid thigh on its medial and anterior surface all the way to the lower leg nearly to the level of the ankle.” In addition, Plaintiff had “some healed abrasions and what appeared to be small abscesses that had healed as well.” (R. 206). Plaintiffs primary diagnosis was cellulitis, and a culture of a wound on her right leg was positive for MRSA infection.7 Plaintiff was treated with intravenous antibiotics and discharged six days later. (R. 202-12).

On May 29, 2007, Plaintiff was seen by Dr. Richard A. Mercurio, her primary care physician, for a wound check.8 Dr. Mercurio noted that Plaintiffs leg had improved with the medications. During this visit, Plaintiff reported, among other things, insomnia, depression and anxiety, and Dr. Mercurio prescribed Prozac (depression) and Klonopin (anxiety) for Plaintiff. (R. 249-51).

During a follow-up visit with Dr. Mercurio for a wound check and generalized anxiety disorder (“GAD”) on June 19, 2007, Plaintiff continued to report insomnia, depression and anxiety. Dr. Mercurio increased the dosage of Klonopin prescribed for Plaintiff. (R. 246-48).

Despite the medications prescribed by Dr. Mercurio, during a follow-up visit with Tasha Dodd, his physician’s assistant (“PA”), on July 16, 2007, Plaintiff presented with large open lesions on her right leg. The dosage of Prozac prescribed for Plaintiff was increased and Bactroban ointment was prescribed to treat Plaintiffs leg wounds. (R. 244^15).

During a follow-up visit with PA Dodd on July 23, 2007, it was noted that the ulceration on Plaintiffs right leg was smaller since her last visit; however, Plaintiff had four small lesions on her left lower leg. With regard to Dr. Mercurio’s referral of Plaintiff for a psychiatric evaluation, Plaintiff reported that she could not get an appointment until September. (R. 242-43).

On August 13, 2007, during a follow-up visit with PA Todd, Plaintiff presented with new lesions on her right lower leg. Dr. Mercurio was consulted, and he recommended a surgical consultation with Dr. Christine Edwards for “MRSA/eellulitis.” (R. 240-41).

During a follow-up visit on September 12, 2007, Dr. Mercurio noted that Dr. Edwards prescribed DuoDerm patches for the lesions on Plaintiffs right leg which had improved. Dr. Mercurio also noted [311]*311that Plaintiffs GAD had improved with the Prozac and Klonopin. (R. 237-39).

On October 11, 2007, Plaintiff was evaluated by Dr. Grace McGorrian, a psychiatrist, at the Irene Stacy Community Mental Health Center in connection with the repeated picking of her arms and legs. Plaintiff reported “problems with impulsive behaviors for probably two decades,” including regular continual overeating and “problems with checking such things as her car lock.” With respect to Plaintiffs mental status examination, Dr.

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Bluebook (online)
829 F. Supp. 2d 307, 2011 U.S. Dist. LEXIS 54054, 2011 WL 1930619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunkle-v-commissioner-of-social-security-pawd-2011.