Gentry v. Commissioner of Social Security

741 F.3d 708, 2014 WL 398057, 2014 U.S. App. LEXIS 2082
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 4, 2014
Docket13-5719
StatusPublished
Cited by530 cases

This text of 741 F.3d 708 (Gentry v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gentry v. Commissioner of Social Security, 741 F.3d 708, 2014 WL 398057, 2014 U.S. App. LEXIS 2082 (6th Cir. 2014).

Opinion

OPINION

JANE B. STRANCH, Circuit Judge.

Erika Gentry appeals the district court’s opinion affirming the decision of the Commissioner of Social Security to deny her disability benefits. Substantial evidence on the record as a whole establishes that Gentry is disabled by multiple physical impairments. Because the Commissioner’s decision rejecting Gentry’s application is not supported by substantial evidence and is flawed in several respects, we REVERSE and REMAND for an award of benefits.

I. FACTS AND PROCEDURAL HISTORY

This case has an extended history before the Social Security Administration that includes two remands and three hearings before an ALJ. Due to the scope and size of the medical record, we begin with an overview of Gentry’s medical history. Gentry’s primary category of illness is her long history of psoriasis, a chronic autoimmune condition characterized by patches of raised, red skin covered with flaky, white buildup of dead skin cells called “plaques” that can be painful and that crack and bleed. National Psoriasis Foundation, Facts About Psoriasis l. 1 In the more se *711 vere cases, the condition interferes with sleeping, walking, sitting, standing, and using one’s hands, especially when the plaques are located on the hands and feet. Id. at 2. Gentry also has psoriatic arthritis, an inflammatory disease developed by thirty percent of those with psoriasis that causes generalized fatigue, stiffness and swelling in and around the joints, tenderness, pain and swelling in the tendons, swollen fingers and toes, and reduced range of motion. NPF, Facts about Psori-atic Arthritis 1. It, too, can interfere with use of the hands, sleeping, walking, sitting, and standing. Id. at 2. There is no cure for psoriasis or psoriatic arthritis, but many treatments exist in a somewhat tiered system where doctors move from the first-line treatments to the more high-risk medications as the severity of the conditions increases and the response to first-line treatments decreases. See generally, NPF, Psoriasis, Treatments.

Gentry also has severe injuries in her left ankle, right arm and wrist, and right hip resulting from a 1994 car accident. Eventually, she developed avascular necrosis and post-traumatic arthritis in her left ankle, eventually losing ankle movement, and post-traumatic arthritis in her hip. She requires a metal brace on her left leg to walk, walks with a limp and waddling gait, stands up with stiffness, and has frequent pain in her left leg and foot, low back, neck, and hands. In addition, she has been diagnosed with deformities in her foot, ankylosing spondylitis cervical radicu-lopathy, cervical stenosis, lumbar spondy-losis, possible sacroilitis or facet arthropa-thy in the low back, degenerative joint disease in the low back, chronic lumbar strain, possible herniated disc, carpal tunnel syndrome, and lumbosaeral/thoracic radiculopathy, among other things. She has been prescribed many medications over the years, including the higher-tiered psoriasis medications, most of them with limited or temporary success.

In June 2004, Gentry filed an application for disability benefits under Title II of the Social Security Act, 42. U.S.C. §§ 401 et seq, alleging disability since June 7, 2004. At the time, she was twenty-nine years old with a high school education and some college. She had worked approximately 10 years as a pizza maker and a pizza delivery driver. She had most recently worked as a receptionist at a chiropractor’s office but had been discharged after 2 months because she bled on the paperwork due to her plaques from psoriasis.

After Gentry’s application was denied, the case was remanded twice for further proceedings. The first time, the district court granted the unopposed motion of the Commissioner to remand. The second time, the Appeals Council remanded with instructions for the Administrative Law Judge (ALJ) to complete the administrative record, to consider medical evidence through 2009 including the January 2009 treating source opinion of Dr. Andrew Murphy, to revisit its assessment that Gentry’s impairments had not changed since the first ALJ decision in 2006, to provide an adequate rationale to support the physical residual functional capacity (RFC) assessment, and to correct the incongruous finding that Dr. Murphy’s assessment was consistent with a sedentary residual capacity when Dr. Murphy said *712 that Gentry cannot sit for long periods of time. The Appeals Council instructed the ALJ to request further clarification from the treating physician if necessary.

An ALJ held a third hearing in September 2011. Afterward, the ALJ issued a November 2011 decision denying Gentry’s application for benefits at the fourth step of the required disability analysis. See 20 C.F.R. § 404.1520(a) (2011). 2 The ALJ found that although Gentry was disabled in 2011, she did not qualify for disability benefits prior to the last insured date of December 31, 2009. The ALJ found that Gentry did not have an impairment that met the severity of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 and that Gentry had the residual functional capacity (RFC) to perform past relevant work as a receptionist. The Appeals Council declined jurisdiction, and the district court affirmed.

Gentry now seeks review in this court, contending that her psoriasis and psoriatic arthritis meet the requirements for a disability listing under Appendix 1 and that the ALJ ignored objective medical evidence of the severity of these conditions in step three of the analysis. Gentry also argues that the ALJ erred at step five of the analysis by failing to give controlling weight to the opinion of her treating physician that she cannot sit for prolonged periods of time when objective medical evidence supports this opinion. The following lengthy discussion of the facts captures the salient information from the voluminous administrative record.

A. Early Medical History

In 1994, Gentry first saw Dr. James Turner, a dermatologist, for “painful uncomfortable lesions” on the scalp and shoulder. Dr. Turner diagnosed “Pustular Seborrhea” 3 and prescribed an antibiotic, erythromycin, and some topical medications. Gentry returned to Dr. Turner years later for psoriasis-related problems, but in the meantime, she received treatment elsewhere for more pressing medical needs resulting from a serious car accident.

On May 22, 1994, at the age of nineteen, Gentry was treated in an emergency room after a head-on car collision. She suffered fracture dislocations of the right hip and the left ankle, fracture of the right distal radius, fracture of the right wrist, and miscarriage of her 33-week old fetus. Gentry underwent multiple surgeries and afterward continued to have problems including restrictions against bearing weight on her lower extremities.

Over the next two years, Gentry received ongoing post-operative treatment from Dr.

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741 F.3d 708, 2014 WL 398057, 2014 U.S. App. LEXIS 2082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gentry-v-commissioner-of-social-security-ca6-2014.