Evans v. Astrue

855 F. Supp. 2d 1231, 2012 WL 10875, 2012 U.S. Dist. LEXIS 259
CourtDistrict Court, D. Colorado
DecidedJanuary 3, 2012
DocketCivil Action No. 10-cv-1579-RBJ
StatusPublished

This text of 855 F. Supp. 2d 1231 (Evans v. Astrue) 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
Evans v. Astrue, 855 F. Supp. 2d 1231, 2012 WL 10875, 2012 U.S. Dist. LEXIS 259 (D. Colo. 2012).

Opinion

ORDER

R. BROOKE JACKSON, District Judge.

This matter is before the Court on review of the Commissioner’s decision that denied plaintiff Teva Evans’ application for Supplemental Security Income for disability benefits pursuant to Title XVI of the Social Security Act (“the Act”). Jurisdiction is proper under 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c). This dispute became ripe for decision by this Court upon the filing of plaintiffs Reply Brief on February 22, 2011. The Court apologizes to the parties for the delay in resolving the case.

Standard of Review

This appeal is based upon the administrative record and briefs submitted by the parties. In reviewing a final decision by the Commissioner, the role of the District Court is to examine the record and determine whether it “contains substantial evidence to support the Secretary’s decision and whether the Secretary applied the correct legal standards.” Ricketts v. Apfel, 16 F.Supp.2d 1280, 1287 (D.Colo.1998). A decision cannot be based on substantial evidence if “it is overwhelmed by other evidence in the record or if there is a mere scintilla of evidence supporting it.” Bernal v. Bowen, 851 F.2d 297, 299 (10th Cir.1988). Substantial evidence requires “more than a scintilla, but less than a preponderance.” Wall v. Astrue, 561 F.3d 1048, 1052 (10th Cir.2009). Evidence is not substantial if it is “constitutes mere conclusion.” Musgrave v. Sullivan, 966 F.2d 1371, 1374 (10th Cir.1992).

Facts

Plaintiff Teva Evans was born on March 11, 1987. She was 19 years old at the alleged disability onset date. Ms. Evans attended special education classes through the tenth grade of school, her highest level completed. She has failed all four General Equivalency Degree (“GED”) examinations she has taken. She has no past relevant work. R. at 32.

Plaintiff applied for disability benefits on August 10, 2006, alleging disability with an onset date of August 10, 2006 due to being a slow learner with difficulties reading, understanding, spelling and writing and because of back problems that caused her pain. R. at 19. The administrative record contains extensive documentation of Ms. Evans’ medical treatment for these complaints through 2008, as well as for additional arising health concerns. In relevant part, the record indicates that plaintiff received:

• Medical treatment for back and left knee pain at Centennial Health Center between June 2005 and January 2006. R. at 236-37, 241-43.

• A physical consultative examination (“CE”) in January 2007 by Velma Campbell, M.D., who diagnosed plaintiff with chronic thoracolumbar back pain, chronic left knee pain with medial meniscal tear, episodic tachycardia and history of Wolfe-Parkinson-White syndrome (heart arrhythmia). R. at 256. Dr. Campbell noted that plaintiffs musculoskeletal conditions were due to her left knee condition and mechanical back dysfunction complicated by obesity. Id. Dr. Campbell provided the following medical source statement opinion as to appropriate accommodations for Ms. Evans’ ailments:

[1235]*1235• Carrying 40 pounds less than one hour a day and 20 pounds occasionally;

• Limit walking and standing to less than four hours a day;

• Climb stairs only occasionally in frequency; and

• Bend and stoop only occasionally in frequency. Id.

• Medical care at the Arkansas Valley Regional Medical Center (“AVRMC”) between 2005 and 2009. The record indicates that Ms. Evans received treatment at AVRMC for her left knee meniscal tear, possible depression, back and chest pain and neck pain. R. at 247, 448, 454, 496. Plaintiffs left medial meniscus tear was diagnosed through an MRI at this hospital on December 16, 2005. R. at 247-48. AVRMC x-rays of her thoracic and lumber spine were normal, and x-rays of her cervical spine showed disk space narrowing of C4-5. R. at 249, 511. Plaintiff received emergency treatment on March 16, 2008 for a nondisplaced transverse fracture of her left foot at the fifth metatarsal. R. at 505-06. In June 2008 Jeffrey Perry, M.D, saw Ms. Evans after she admitted to the emergency room for possible seizures. R. at 581-583. During this visit Dr. Perry documented her medical history, including her stressful parental relationships, her history of medication for depression, her foot fracture and her meniscal tear. Id.

• Medical treatment from several different providers at the Valley Wide Medical Centers, including Jason Morgenson, M.D., Jeffrey Perry, M.D., as well as from Edward Fitzgerald, M.D., Front Range Orthopedic, between September 2006 and November 2008 for left knee pain from an ACL tear and torn meniscus, back pain, pelvic pain, a Jones fracture to her left foot and other health concerns. R. at 422, 424, 429, 463-66, 524, 532-35, 537-544.

• A medical determination of disability by Dr. Morgenson on November 2, 2006 for Ms. Evans’ application for benefits from the Colorado Department of Human Services. Dr. Morgenson opined that she had been disabled since March of 2005 and that she would be unable to work for six to eight months because of her learning disability and illiteracy, torn meniscus in her left knee and knee instability. R. at 465-66. In December 2007 Dr. Morgenson again determined that Ms. Evans was disabled and unable to work because of her left knee meniscal tear, learning disability, third grade reading level and an ovarian cyst. R. at 463-64.

• A clinical observation on May 29, 2009 by Dr. Fitzgerald, based on review of x-rays from March 2008 through May 2009, that Ms. Evans’ foot fracture “has really gone on to nonunion,” ¿a, would not heal. R. at 518. On November 17, 2008 Dr. Perry again recorded the non-union Jones fracture of plaintiffs foot. R. at 554. Dr. Perry also diagnosed Ms. Evans with depression and noted in her file that he was considering medication in 2008 and 2009. R. at 565, 582.

• A Medical Source Assessment by Dr. Perry on November 18, 2008 in which he diagnosed her pelvic pain, oligomenorrhea, back pain, depression/anxiety, non-healing Jones fracture of left foot, left knee pain with history of meniscal injury and Wolf-Parkinson White syndrome. Dr. Perry provided the following medical source statement opinion as to appropriate accommodations for Ms. Evans’ ailments:

• Maximum lifting and carrying limited to five pounds per day;

[1236]*1236• Sitting limited to 30 minutes at one time for a total of two hours out of an eight hour workday;

• Standing limited to 30 minutes at one time for a total of two hours out of an eight hour workday;

• Stooping and squatting limited to less than ten repetitions per day;

• Crawling and kneeling limited to never.

Dr. Perry also opined that the plaintiffs depression would interfere with her employment and confine her to her home for two to three days per week. He determined that her impairments had been at the severity level driving his recommendations since September of 2005. R.

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Cite This Page — Counsel Stack

Bluebook (online)
855 F. Supp. 2d 1231, 2012 WL 10875, 2012 U.S. Dist. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-astrue-cod-2012.