Eddie Sampson v. Commissioner of Social Security

694 F. App'x 727
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 13, 2017
Docket16-10506 Non-Argument Calendar
StatusUnpublished
Cited by106 cases

This text of 694 F. App'x 727 (Eddie Sampson v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eddie Sampson v. Commissioner of Social Security, 694 F. App'x 727 (11th Cir. 2017).

Opinion

PER CURIAM:

Eddie Sampson appeals the district court’s order affirming the Administrative Law Judge’s (“ALJ”) denial of his application for disability insurance benefits and supplemental security income, pursuant to 42 U.S.C. §§ 405(g) and 1388(c)(3), respectively. On appeal, Sampson offers two main challenges to the ALJ’s decision. First, he contends that the ALJ failed to properly evaluate and weigh the medical opinions of his treating physicians and, as a result, crafted a residual functional capacity that was not supported by substantial evidence. Second, he contends that the ALJ failed to articulate adequate reasons for discrediting his testimony about his symptoms.

I. Background

Sampson applied for disability benefits in August 2007. He was 50 years old on the alleged onset date of March 22, 2007. He has a GED and past relevant work as a crane operator, a tire repairer, a garbage collector, a sales route driver, and a floor coating installer. Sampson claimed that he was no longer able to work because of a combination of physical and mental impairments, including diabetes, vision problems, high blood pressure, gallbladder disease, Hepatitis C, depression, impulse control, personality disorder, and arthritic knees. His applications were denied initially and upon reconsideration.

*729 Sampson requested and received a hearing before an ALJ. That hearing was held in September 2009. In November 2009, the ALJ rendered an unfavorable decision. Sampson appealed to the Appeals Council, which granted review and remanded the case for a new hearing and decision. The same ALJ held a second hearing in March 2012 and then rendered a partially favorable decision, finding Sampson disabled after September 11, 2011, but not before.

A. Relevant evidence before the ALJ

Sampson testified at both administrative hearings. At the first hearing in September 2009, Sampson testified that his physical impairments, primarily his arthritic knees and fatigue, prevented him from sitting for more than 30 minutes at a time, walking farther than short distances, and crawling or crouching altogether. His daily activities included some housework, laundry, cooking, and driving. Due to irritability and lack of impulse control, Sampson had difficulty getting along with others and had been seeing a therapist to help control his temper.

At the second hearing on remand from the Appeals Council in March 2012, Sampson stated that the condition of his feet and knees had worsened since the last hearing. He could sit for fifteen to twenty minutes and stand unassisted for about ten minutes, and he could not walk farther than short distances. Due to his diabetic peripheral neuropathy 1 , both feet burned and pulsated all the time, and even worse when he sat for a long time. He experienced drowsiness as a side effect of his medications. The ALJ noted on the record that Sampson twice stood up during the hour-long second hearing.

Medical records show that Sampson began receiving treatment from Elizabeth Quick-Koscho, M.D., at Community Health Centers in July 2006 for uncontrolled Type 2 diabetes mellitus and hypertension. Sampson first complained of knee pain in May 2008. An examination revealed bilateral knee crepitus and pain with palpation of the right lateral joint line, and an x-ray showed calcification of the patella. Dr. Koscho prescribed Tylenol #3 (acetaminophen/codeine). In August 2008, Sampson said that pain in his feet, knees, and ankles was preventing him from exercising, though in December 2008 he reported feeling good about starting an exercise routine. In January 2009, Dr. Koscho again prescribed Tylenol #3.

From January 2009 through September 2009, Sampson saw doctors other than Dr. Koscho and continued to complain of knee pain. On March 17, Sampson said that he needed a refill of Tylenol #3 for his knee pain. On June 9, he said that knee and ankle pain were preventing him from walking or lifting weights. On June 16, he said that he needed something stronger than Tylenol #3. An examination on June 16 revealed bilateral knee crepitus, and Sampson was prescribed a trial of trama-dol for his knee pain. Sampson complained of anxiety and difficulty sleeping in July 2009. On August 24, 2009, Sampson reported “continued and increasing knee pain” that was “so bad he ha[d] been gritting his teeth and broke a denture.” An examination revealed tenderness in both knees, and Sampson was diagnosed with knee- *730 joint pain, Sampson’s balance, gait, and stance were normal.

On September 11, 2009, Sampson returned to Dr. Koscho, complaining of persistent knee pain that was unresponsive to Tylenol #3. Dr. Koscho prescribed Ultram, a brand-name version of tramadol.

On that same date, Dr. Koscho completed a medical source statement about Sampson’s ability to work. Based on Sampson’s knee pain and stiffness and an x-ray that showed bilateral ossification of the inferior patella, Dr. Koscho opined that Sampson was limited in his ability to stand, walk, and sit. In an eight-hour workday day, Dr. Koscho said, Sampson could stand or walk for a total of two hours, for thirty minutes at a time, and he could sit for a total of three hours, for thirty minutes at a time. Sampson could not stoop, crouch, kneel, or crawl, though he could occasionally climb and frequently balance. The doctor also noted that Sampson had unspecified psychological issues that prevented him for working.

Sampson began treatment with, Andrew Villamagna, M.D., a doctor of family medicine, on December 10, 2009. At his first visit, Sampson reported worsening knee pain, particularly in the morning and when rising from a seated position, as well as knee stiffness, intermittent knee locking, and a popping sound in the knee. An examination of the knees revealed “abnormal” appearance, tenderness on palpation bilaterally, and pain with range-of-motion testing. Dr. Villamagna diagnosed hypertension, poorly controlled diabetes melli-tus, and patellofemoral syndrome. The note from December 10 indicates that Sampson was to be referred to an orthopedist, and the record contains an orthopedic referral filled out by Dr. Villamagna. (Tr. 737). A follow-up visit on December 18 indicates that Dr. Villamagna again found tenderness on palpation of both knees and pain elicited by motion. The doctor diagnosed localized primary osteoarthritis in both knees.

The treatment records from December 2009 through May 2011 indicate no significant change in Sampson’s symptoms. Joint knee pain and osteoarthritis are consistently listed as “Active Problems.” These records generally note that Sampson was “self-reliant in usual daily activities,” that his gait, stance, and balance were normal, and that no diabetic peripheral neuropathy was noted. On November 16, 2010, however, Dr. Villamagna stated that Sampson had complained that his ankles, feet, and knees were “very painful with pins and needles” and that it was difficult to walk or work out. The doctor noted that Sampson was being seen by a podiatrist for his feet.

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694 F. App'x 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddie-sampson-v-commissioner-of-social-security-ca11-2017.