Gary D. Pennington v. Commissioner of Social Security

652 F. App'x 862
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 17, 2016
Docket15-14254
StatusUnpublished
Cited by26 cases

This text of 652 F. App'x 862 (Gary D. Pennington 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
Gary D. Pennington v. Commissioner of Social Security, 652 F. App'x 862 (11th Cir. 2016).

Opinion

PER CURIAM:

Gary D. Pennington appeals the district judge’s affirming the Social Security Administration’s denial of his application for Social Security income (“SSI”), 42 U.S.C. § 1388(c)(1), (3). We affirm.

I. BACKGROUND

Pennington filed an application for SSI on February 1, 2010, and alleged a disability onset date of January 2, 2006. He maintained he was disabled because of back problems and cuts to two fingers on his left hand. His application was denied initially and upon reconsideration. Through counsel, Pennington requested and was granted an administrative hearing before an administrative law judge (“ALJ”). .

A. Documentary Evidence

1. Medical Records

In January 2001, Pennington, a resident of Bunnell, Florida, was transported to the emergency room at Memorial Hospital in Orlando, after being struck in the right eye with a nail. The Veterans Administration (“VA”) medical records show Pennington received follow-up care for this eye injury several times between January and March 2001 and came to the VA with another eye injury in February 2002. On July 2, 2002, Pennington presented to the emergency room at Memorial Hospital and complained of cramping in his hands. The x-rays taken on the same date showed osteoarthritis of several joints in Pennington’s right hand.

In July 2003, Pennington was treated at-Halifax Medical Center in Daytona Beach for a laceration to his left-middle finger, which partially lacerated a tendon in the finger. Pennington returned to Halifax Medical Center in October 2003 with a laceration to his left-ring finger, which tore one of his tendons. On both occasions, Dr. Richard Tessler, Pennington’s treating physician, was able to repair the wound.

On February 8, 2010, Pennington was seen by Dr. Shrimani Reddy at the VA in Daytona Beach outpatient clinic. Dr. Red-dy’s notes show Pennington was a new patient and had stated he was not seeing any doctors outside of the VA. Pennington presented with chronic lower back, hand, and knee pain as well as muscle spasms. Dr. Reddy assessed Pennington with chronic low-back pain/arthralgias and muscle spasms; he prescribed naproxen and methocarbamol. Dr. Reddy also noted Pennington was experiencing stress secondary to his financial situation and ordered x-rays of Pennington’s spine and right hand. The x-rays revealed severe degenerative disc disease and osteophytosis of the lower thoracic and upper lumbar spine as well as *865 degenerative changes involving the base of the thumb and interphalangeal joints that were suggestive of inflammatory osteoarthritis.

In April 2010, Pennington was referred for and received an eye exam. He had scar tissue on his right eye from his previous nail injury, and his vision in that eye was not correctible to 20/20 because of the scarring. Pennington received a new prescription and was issued a new pair of glasses.

In progress notes dated August 12,2010, Dr. Paul Blackwood at the VA stated Pennington’s lungs showed signs of emphysema and recommended a pulmonary-function test. Dr. Blackwood further noted Pennington stated he had a hernia in his abdomen, but it was not painful; he had experienced occasional chest pain from stress; and he experienced shortness of breath upon exertion. In addition, Pennington had multiple-joint-degenerative disorder. Pennington’s physical exam showed he had full range of motion in his back and tenderness in his lower-lumbar spine. Dr. Blackwood noted Pennington was willing to have surgery for his hernia, if needed, but stated surgery should be deferred until Pennington received a cardiac evaluation. A radiology report dated August 12, 2010, showed imaging was taken of Pennington’s chest to evaluate him for emphysema. The test revealed mild diffuse interstitial changes in both lungs, which was consistent with chronic-obstructive-pulmonary disease (“COPD”).

Dr. Blackwood’s progress notes dated November 3, 2010, state Pennington had complained of occasional chest pain and shortness of breath; Dr. Blackwood diagnosed Pennington with COPD. At the November 8, 2010, visit, Pennington rated the pain in his hands and lower back as a four out of ten, described the pain as chronic, and stated he had been experiencing pain since 1983. Pennington further stated his pain was usually four out of ten and affected his ability to sleep and engage in physical activity. He stated the pain was triggered by lifting but was at least partially relieved by medication.

VA records further showed Dr. Black-wood referred Pennington for a cardiology-diagnostic procedure, but Pennington did not appear for his scheduled stress test in November 2010. Dr. Blackwood also referred Pennington for a pulmonary-function test, but Pennington did not appear for his scheduled appointment in January 2011. Likewise, Pennington was referred for a physical-therapy consultation, scheduled for March 2011, but he did not appear for the appointment. The records also showed Dr. Blackwood had prescribed Pennington methocarbamol and naproxen for pain. In a letter dated June 28, 2011, Dr. Blackwood informed Pennington he was unable to complete a Social Security Questionnaire for him, because he was not allowed to complete such physical evaluations.

Pennington underwent a cardiac-stress test on March 23, 2012. He stated he had experienced tightness in his chest, dysp-nea, and back pain during the test. At the test, Pennington experienced occasional premature atrial contractions but no sustained arrhythmias. The progress notes showed Pennington’s test was abnormal and suggestive of ischemia; consequently, Pennington was referred for a cardiac-catheterization procedure. Pennington was instructed to avoid strenuous physical activity.

2. Consultative Examinations and Residual Functional Capacity Assessments

Dr. David Carpenter of Ormond Medical Arts Family Practice performed a consultative exam on May 4, 2010. Pennington reported a long history of chronic lower *866 back, left knee, and hand pain but denied any particular injury or trauma as the cause of his symptoms. Pennington told Dr. Carpenter his lower-back pain was exacerbated by prolonged sitting, standing, walking, and activity, and his hand pain was exacerbated by activity. Pennington also reported weakness 'and poor grip strength in his hands but stated he was capable of performing daily activities without assistance. Dr. Carpenter noted Pennington had decreased sensation to a pinprick, light touch throughout both hands, and generalized point tenderness throughout all digits of both hands. Pennington also had degenerative changes throughout the joints of both hands and clubbing of the digits bilaterally. Pennington’s grip strength was a % bilaterally, his fine manipulation skills were intact, and he had no difficulty manipulating buttons or opening doors. Dr. Carpenter concluded Pennington suffered from osteoarthritis with chronic-bilateral hand, low back, and left-knee pain and stated Pennington might have difficulty performing work-related tasks involving sitting, standing, ambulation, lifting, carrying, and fine manipulation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
652 F. App'x 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-d-pennington-v-commissioner-of-social-security-ca11-2016.