Eaton v. Colvin

180 F. Supp. 3d 1037, 2016 U.S. Dist. LEXIS 45667, 2016 WL 1337271
CourtDistrict Court, S.D. Alabama
DecidedApril 4, 2016
DocketCA 14-00449-C
StatusPublished
Cited by60 cases

This text of 180 F. Supp. 3d 1037 (Eaton v. Colvin) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eaton v. Colvin, 180 F. Supp. 3d 1037, 2016 U.S. Dist. LEXIS 45667, 2016 WL 1337271 (S.D. Ala. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

WILLIAM E. CASSADY, UNITED STATES MAGISTRATE JUDGE

Plaintiff brings this action, pursuant to 42 U.S.C. §§ 405(g), seeking judicial review of a final decision of the Commissioner of Social Security denying him claims for period’ of disability and disability insurance benefits. The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. § 636(c), for all proceedings in this Court. (Docs. 17 & 18 (“In accordance with the provisions of 28 U.S.C. 636(c) and Fed. R.Civ.P. 73, the parties in this case consent to have a United States Magistrate Judge conduct any and all proceedings in this case, ,.. order thé entry of a final judgment, and conduct all post-judgment proceedings.”)). Upon consideration of the administrative record, the Plaintiffs brief, the Commissioner’s brief, and the arguments of counsel for the Parties at the October 29, 2015 hearing before the Court, it is determined that the Commissioner’s decision denying benefits should be affirmed.1

Plaintiff alleges disability due to hypertension, status post coronary artery bypass graft (“CABG”) times 3, coronary artery disease (“CAD”), diabetes mellitus, affective disorder, cognitive disorder, and generalized anxiety disorder (“GAD”). The Administrative Law Judge (“ALJ”) made the following relevant findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2016.
2. The claimant has not engaged in substantial gainful activity since June 16, 2011, the alleged onset date (20 CFR 404.1571 et seq.).
3. The claimant has the following severe impairments: hypertension, status post coronary artery bypass graft (CABG) times 3, coronary artery disease (CAD), diabetes mellitus, affective disorder, cognitive disorder, and generalized anxiety disorder (GAD) (20 CFR 404.1520(c)).
The claimant underwent a- 3 vessel CABG in April 2007. His prognosis was noted to be “good” when he was discharged from the hospital. (Exhibit IF). The claimant is treated for hypertension, CAD, and diabetes mellitus by Peter C. Coats, MD, an internist. (Exhibits 4F, 15F, and 19F). Deborah J. Hart, MD, a psychiatrist, has diagnosed the claimant with organic affective and cognitive disorder due to general medical condition and GAD. (Exhibits 5 F, 7F, 10F, and 20F).
The claimant has reported difficulties with some activities of daily living due to chronic neck and shoulder pain. (Exhibits 2E, 5E, and 6E). The claimant was treated in the emergency room prior to [1042]*1042the period at issue on April 12, 2010, for a 3 day history of tightness in his upper back and neck. The physical exam showed some muscle spasm and pain on .palpation in the upper back. The claimant had no focal neurological deficits. He was assessed with upper, back strain with muscle spasm and treated with injections of Toradol, Dilaudid, and Valium. He reported feeling much better, and.was given prescriptions for Perco-cet, Motrin, and Soma. (Exhibit 2F).
The claimant saw Dr. Coats on April 19, 2010, for some left sided neck and shoulder pain and muscle tightness, which the claimant felt was “all completely due to stress of findings out that his PSA was high.” He had no neurological complaints or arm symptoms at that time. Dr. Coats noted his neck and shoulder range of motion was good with no crepi-tance or swelling, and his upper back muscles were tight. He assisted the claimant with situational anxiety and probable mild osteoarthritis of the neck. Dr. Coats gave the claimant Paroxetine and told him to take ibuprofen as needed. (Exhibit 4F).
The claimant saw Kevin Donahoe, MD, an orthopedist, 3 times between April 23 and May 7, 2010, for neck and shoulder pain. The claimant rated his pain a 6/10 on the pain scale (0 = no pain, 10 = worst possible pain) and said any overhead work is painful. X-rays showed normal shoulders and anterior osteo-phytes at C5-6, some mild straightening, and spondylosis. Dr. Donahoe assessed him with left, trapezial pain and cervical spondylosis, which he treated with Depo-Medrol injections and physical therapy. By May 7, 2010, the claimant said he was doing much better with physical therapy and modalities. (Exhibit 3F).
On September 24, 2010, Dr. Coats noted the claimant complained of upper mid thoracic, discomfort periodically that was mild to moderate. The claimant related this to reaching above his head all the time while working. Dr. Coats noted the claimant sits with terrible posture with kyphosis, but he had no bony tenderness. He assessed the claimant with upper back pain due to poor posture. (Exhibit 4F). The claimant went to the emergency room most recently for a pulled muscle in his back on December 20, 2011. He said he has been “picking up his father [due to] him being sick.” The claimant said his pain was á 7/10 on presentation, and was a 0/10 after Nu-bain and Norflex injections. He was given prescriptions for Vicoprofen and Flexeril. (Exhibit 14F).
In terms of the claimant’s neck and shoulder complaints, he was diagnosed with cervical spondylosis by an orthopedist in April 2010. However, he has not followed up with Dr. Donahoe since May 2010. (Exhibit 3F). He has sought some sporadic treatment with Dr. Coats and in the emergency room for neck and shoulder pain complaints, but has attributed these complaints to acute exacer-bations and stress. Interestingly, Dr. Hart, the claimant’s psychiatrist, has continued to prescribe pain management medications including opiates and muscle relaxers rather than his primary care physician or orthopedist. (Exhibits 5F 7F, 10F, and 20F). Yet, Dr. Donahoe’s physical exams showed .improvement in symptoms within weeks and objective tests showed only mild findings. Therefore, the undersigned finds that this in> pairment has no more than a minimal effect on the claimant’s work-related functioning and is therefore non-severe.
While the claimant’s cervical spondylosis is non-severe, the undersigned has considered the limiting effects of all of the claimant’s medically determinable im[1043]*1043pairments, including those that are not “severe,” as explained in 20 CFR 404.1520(c), 404.1521, and 404.1523, when assessing the claimant’s residual functional capacity (20 CFR 404.1545(a)(2) and 404.1545(e)). The undersigned notes the record contains multiple references to these symptoms related to overhead reaching, which are allowed for with the limit on overhead reaching in the residual functional capacity set forth below.
4.

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180 F. Supp. 3d 1037, 2016 U.S. Dist. LEXIS 45667, 2016 WL 1337271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-colvin-alsd-2016.