Graham v. Astrue

840 F. Supp. 2d 1139, 2012 WL 8126, 2012 U.S. Dist. LEXIS 177
CourtDistrict Court, S.D. Iowa
DecidedJanuary 3, 2012
DocketNo. 4:10-cv-215 RP-RAW
StatusPublished

This text of 840 F. Supp. 2d 1139 (Graham v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. Astrue, 840 F. Supp. 2d 1139, 2012 WL 8126, 2012 U.S. Dist. LEXIS 177 (S.D. Iowa 2012).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT W. PRATT, District Judge.

Plaintiff, Teresa L. Graham, filed a Complaint in this Court on May 12, 2010, seeking review of the Commissioner’s decision to deny her claim for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g).

On January 13, 2011, the Commissioner moved for a remand under Sentence 6, for the purpose of locating the record of the case. Clerk’s 5. The Motion was granted. Clerk’s 7. On February 11, 2011, the Commissioner moved to reopen the ease. Clerk’s 9. The case was, thereafter, briefed by both Plaintiff and Defendant, and the matter is now fully submitted.

Plaintiff filed applications for benefits February 9, 2005. Tr. at 129-33. The alleged onset of disability is August 21, 2003. Tr. at 129. Plaintiff, whose date of birth is October 17, 1959 (Tr. at 129), was 47 years old at the time of the hearing on April 16, 2007, before Administrative Law Judge George Gaffaney (ALJ). Tr. at 68-107. The ALJ issued a Notice Of Decision — Unfavorable on September 19, 2007. Tr. at 11-26. The Appeals Council declined to review the ALJ’s decision on March 17, 2010. Tr. at 5-9. Thereafter, Plaintiff commenced this action.

As a preliminary matter, the ALJ found Plaintiff last met the insured status requirements of the Social Security Act on December 31, 2006. At the first step of the sequential evaluation, the ALJ found that Plaintiff has not engaged in substantial gainful activity at anytime between the alleged onset date and the date last insured. At the second step, the ALJ found Plaintiff has the following severe impairments: degenerative disc disease of the cervical spine, status post discectomy and laminectomy with fusion in 1996; fibromyalgia; migraines; right shoulder pain/osteoarthritis; nonsevere low back pain, bilateral carpal tunnel, heal pain; and, adjustment disorder. Tr. at 16. The ALJ found that Plaintiffs impairments were not severe enough-to qualify for benefits at the third step of the sequential evaluation. Tr. at 17. At the fourth step, that ALJ found:

After careful consideration of the entire record, the undersigned finds that, through the date last insured, the claimant had the residual functional capacity to perform light work except for lifting more than 20 pounds occasionally and 10 pounds frequently. She can stand 30 minutes at a time for at least six hours of an eight hour workday. She can occasionally climb stairs, ladders, balance, stoop, kneel, crouch, and crawl. She can frequently perform handling with her right upper extremity. She can do more than simple, routine work, but not complex work. She may miss one day pf work per month due to impairments in combination.

[1141]*1141Tr. at 18. The ALJ found that during her insured period, Plaintiff was unable to perform any of her past relevant work. At the fifth step, the ALJ found that through the date last insured, Plaintiff was able to do a significant number of jobs. Tr. at 24. The ALJ relied on the testimony of a vocational expert finding that examples of jobs within Plaintiffs residual functional capacity included final assembler, charge account clerk, and surveillance system monitor. Tr. at 25. The ALJ found that Plaintiff is not disabled nor entitled to the benefits for which he applied. Tr. at 26.

MEDICAL EVIDENCE

On August 21, 2003, Plaintiff was seen at the Emergency Department at Iowa Methodist Medical Center after she had been rear ended while in a stopped vehicle. Tr. at 191. X-rays of Plaintiffs lumbosacral spine showed mild degenerative changes at L2-3. Tr. at 200. X-rays of the cervical spine, did not show any fracture or abnormal bony alignment. A fusion at C5-6 was seen. Tr. at 198, See also report of an MRI dated August 30, 2003 at Tr. at 204-05. A chest x-ray did not show any acute disease. Tr. at 196. Plaintiff arrived at the hospital at 2:50 p.m. (Tr. at 191), and she was discharged home with prescriptions at 4:30 p.m. Tr. at 191. The admission form notes that Plaintiff had a C4/C5 fusion “7 yrs. ago.” Tr. at 191. Plaintiff returned to the hospital on August 29, complaining of a headache that would not go away. On this form, the year of her cervical fusion was noted to be 1997. Plaintiffs medications were Vicodin and a muscle relaxant. Tr. at 185. Plaintiff was given injections after which she reported relief and she was discharged home. Tr. at 186.

On September 15, 2003, Plaintiff saw Daniel J. McGuire, M.D. Dr. McGuire wrote that he performed the Anterior Cervical Fusion. Plaintiff told the doctor that since the car accident she had been miserable with her neck and arms bothering her. Plaintiff also complained of pain throughout the lower back region and into the buttocks. Plaintiff said she had minimal lower extremity complaints, but that she was not able to sleep well. After a physical examination (Tr. at 206), Dr. McGuire opined that Plaintiff probably had suffered a significant whiplash type injury. He wrote that it was very common to have carpal and cubital tunnel symptoms with whiplash. The doctor explained to Plaintiff that she could expect to be bothered by her symptoms for a minimum of 3 to 6 months during which time she would experience both improvement and worsening. He did not think Plaintiff would require any more surgery, but he encouraged her to engage in a regular exercise program. Tr. at 207.

On October 1, 2003, Plaintiff was given a prescription for physical therapy, three times a week for 4 weeks. Tr. at 231. Plaintiff attended physical therapy from October 13, through November 11, 2003. Tr. at 208 to 230.

On February 16, 2004, Plaintiff saw Manali Barua, M.D. at the University of Iowa Hospitals and Clinics. Plaintiff reported that after the accident of August 21, she had worsening of numbness and tingling in her right hand along with new numbness and tingling in the left hand. She also had worsening of neck pain, especially with turning of her neck to either side. Although she experienced low back pain, she told Dr. Barua that she was more concerned about the problems in her neck. After a physical examination (Tr. at 251), the doctor ordered a bone scan of Plaintiffs cervical spine. If that test was negative, he said he would get nerve conduction studies and possibly a CT myelogram of the cervical spine. Tr. at 252.

On February 23, 2004, Plaintiff underwent the bone scan and saw Dr. Barua. [1142]*1142The bone scan showed “an increased uptake at C5-6 which is likely secondary to postsurgical changes but a fracture cannot be ruled out.” The doctor ordered a CT myelogram to see if there was compression at the C5-6 level. Tr. at 248. Plaintiff underwent the myelogram on March 8, 2004. Tr. at 245-47. Plaintiff experienced a post myelogram headache for which she was treated by William D. Hammonds on March 10, 2004. Tr. at 248-44.

On March 29, 2004, Plaintiff saw Dr. Barua who explained that the myelogram showed a posterior bone spur and some deformation of the spinal cord at the C5-6 level. The CT did not reveal any evidence of fractures. Dr. Barua and Plaintiff agreed that it would be prudent for her to reduce the narcotic medication, and to that end, he said he would refer her to the Regional Pain Center. Tr. at 241.

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Cite This Page — Counsel Stack

Bluebook (online)
840 F. Supp. 2d 1139, 2012 WL 8126, 2012 U.S. Dist. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-astrue-iasd-2012.