Gordonna Marie Walker vs Commissioner of SS

404 F. App'x 362
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 3, 2010
Docket10-12696
StatusUnpublished
Cited by53 cases

This text of 404 F. App'x 362 (Gordonna Marie Walker vs Commissioner of SS) 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
Gordonna Marie Walker vs Commissioner of SS, 404 F. App'x 362 (11th Cir. 2010).

Opinion

PER CURIAM:

Gordonna Walker appeals the district court’s order affirming the Social Security Commissioner’s denial of her application for disability insurance benefits and supplemental security income (“SSI”) benefits. On appeal, Walker argues that the Administrative Law Judge (“ALJ”) and the Ap *364 peals Council failed to properly address evidence of the side effects of her medications. After review, we affirm.

I. BACKGROUND

In 2005, Walker filed an application for disability and SSI benefits alleging an onset date of April 15, 2002. Walker alleged that she was disabled due to arthritis, pain in her neck and lower back, knee pain, diabetes mellitus, asthma, obesity and depression.

A.Medical Records

Walker’s medical records indicate that between January 2006 and September 2008, Walker was treated for, inter alia, neck pain, high blood pressure, hypothyroidism, depression, and diabetes. Among the symptoms Walker sometimes reported to her doctors were weight gain, headaches, muscle and joint pain, blurred vision, chest pain, shortness of breath, fatigue, nausea, diarrhea, fever and sore throat. However, none of Walker’s treating physicians indicated that any of these symptoms were attributed to Walker’s medications or noted any complaints or concerns about medication side effects. On two occasions, Walker reported having hallucinations and told her doctor that when she discontinued taking Wellbutrin (prescribed for her depression), the hallucinations stopped.

B. Reports to Social Security Administration

Between November 2005 and September 2007, Walker submitted a series of disability reports, which among other things listed her medications and side effects. In a November 2005 disability report, Walker reported taking nine different medications, but listed no side effects from any of them. 1 In a March 2006 disability report, Walker reported taking twelve medications and stated that her side effects included drowsiness, diarrhea, nausea, edema, dry mouth, dizziness, headaches, increased heart rate, and coughing. 2 In a June 2006 report, Walker’s only reported medication side effect was drowsiness caused by two medications. 3 In a September 2007 disability report, Walker listed nine medications and stated she was not experiencing any side effects. Additionally, in a questionnaire completed on November 11, 2005, Walker noted that her medications made her feel groggy, clumsy, tired, moody, “sometimes a little disoriented,” and sometimes gave her stomach problems.

C. Hearing Testimony

At an October 21, 2008 hearing, Walker testified about her medical impairments. Walker described her subjective complaints, such as pain in her hands and knees, muscle spasms, inability to sleep, social isolation, poor memory and concen *365 tration, and occasional visual hallucinations. Walker said that medications helped limit her hallucinations to once every few weeks, but that she could not always afford the medications. She also was able to ignore the hallucinations when they occurred.

Walker testified about various other medications she was taking and whether they were effective. When asked whether she had any side effects from her medications, Walker responded, “Sometimes with the headaches. I get dizzy sometimes.” Walker was not sure which medication caused her dizziness.

D. ALJ’s Decision

The ALJ issued a decision denying Walker’s application. Using the five-step sequential process for analyzing disability claims, the ALJ found, at step one, that Walker had not engaged in substantial gainful activity since April 15, 2002, and, at step two, that Walker suffered from the following severe impairments: poly-arthritis with history of rheumatoid arthritis, bilateral knee pain, hypertension, diabetes mellitus, hyperthoidroidism controlled with medication, cervical degenerative joint disease, history of chronic obstructive pulmonary disease, history of congestive heart failure, morbid obesity, and tobacco abuse. The ALJ referenced, inter alia, eleven medications prescribed for Walker. At step three, the ALJ found that the combination of Walker’s impairments did not meet or equal a listed impairment.

At step four, the ALJ found that Walker had the residual functional capacity to perform light work. The ALJ noted specifically that when assessing the credibility of Walker’s statements regarding her symptoms, he was required to consider, inter alia, the type, dosage, effectiveness, and side effects of any medication that she was taking or had taken to alleviate pain or other symptoms. The ALJ summarized Walker’s testimony, noting that (1) Walker’s medication for high blood pressure sometimes made her dizzy and caused headaches, (2) Walker had been prescribed Effexor and Elavil and took Lortab for pain, and (3) while she occasionally experienced hallucinations, she had learned to ignore these episodes.

The ALJ found that Walker’s medically determinable impairments could reasonably be expected to produce the symptoms she alleged. However, the ALJ concluded that Walker’s “statements concerning the intensity, persistence and limiting effects of these symptoms [were] not entirely credible.” The ALJ noted that Walker’s testimony as to the severity of her symptoms was inconsistent with several physicians’s opinions (including her treating physician) that she was able to perform light to medium exertional work, her reported range of activities of daily living and her lack of complaints in her medical records. Accordingly, the ALJ concluded that Walker “retainfed] the capacity for light exertion, consistent with her residual functional capacity,” which included her past relevant work as an office clerk and cashier. Thus, the ALJ concluded that Walker was not disabled.

E. Appeals Council

Walker requested review by the Appeals Council, arguing that the ALJ had failed to make findings as to the effects of Walker’s medications on her ability to work. Walker submitted pharmacy information sheets and excerpts from the Physicians’ Desk Reference that listed the known side effects for some of the medications she was taking. 4

*366 In its Notice of Appeals Council Action, the Appeals Council: (1) explained that it would grant a request for review if it received “new and material evidence and the decision is contrary to the weight of all the evidence now in the record”; (2) noted that it had received and considered Walker’s new evidence, which it made part of the record; and (3) denied Walker’s request for review because it “found that this information does not provide a basis for changing the Administrative Law Judge’s decision.”

F. District Court Proceedings

Walker sought judicial review in the district court, arguing, inter alia,

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404 F. App'x 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordonna-marie-walker-vs-commissioner-of-ss-ca11-2010.