Gustafson, Cynthia v. Saul, Andrew

CourtDistrict Court, W.D. Wisconsin
DecidedApril 20, 2021
Docket3:20-cv-00467
StatusUnknown

This text of Gustafson, Cynthia v. Saul, Andrew (Gustafson, Cynthia v. Saul, Andrew) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gustafson, Cynthia v. Saul, Andrew, (W.D. Wis. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

CYNTHIA LYNN GUSTAFSON, OPINION AND ORDER Plaintiff, 20-cv-467-bbc v. ANDREW M. SAUL COMMISSIONER OF SOCIAL SECURITY, Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Cynthia Lynn Gustafson is seeking review of a final decision of the Commissioner of Social Security denying her claim for disability insurance benefits under the Social Security Act. 42 U.S.C. § 405(g). She contends that she has been disabled since January 6, 2017 because of degenerative disc disease, bilateral degenerative joint disease of the knees, obesity, migraines, fibromyalgia, and bursitis. The administrative law judge (ALJ) hearing the case found that plaintiff had severe physical impairments, but could still perform sedentary work in the national economy as a cashier I, bookkeeper. Plaintiff contends that the ALJ’s analysis was legally deficient because he did not give sufficient weight to plaintiff’s problems with her neck, her headaches, and her other physical problems, and did not take into account what she says was her inability to sit for more than 30 minutes at a time. After considering these arguments, I find them unpersuasive and conclude that the ALJ’s decision should be sustained. 1 The following facts are drawn from the administrative record, (AR).

FACTS

A. Social Security Application Plaintiff filed for disability insurance benefits in November 2017, alleging disability as of January 6, 2017. She met the insured status requirements of the Social Security Act through September 30, 2021 and had not engaged in substantial gainful activity since January 6, 2017. The Social Security Administration denied her claim initially and upon reconsideration. She then requested a hearing, which the ALJ held on March 18, 2019. He

then filed his written decision denying her application for benefits. AR 14-23.

B. Plaintiff’s Medical Records The record contains evidence of plaintiff’s visits to various medical providers for her physical problem from 2017 to early 2019. An October 2017 examination by Michael Damroth, M.D., showed that plaintiff had a normal range of motion in her neck, some

tenderness over her lumbar spine as well as in her sacroiliac joints bilaterally, good lumbar range of motion, and recurrent right greater trochanteric bursitis for which the doctor gave her injections in her hip in May, July and November 2017. AR 302-05, 309-12, and 326. Advanced Practice Nurse Prescriber Melissa Wiese began seeing plaintiff in January 2018. AR 418. She noted that plaintiff complained of pain and stiffness in her joints and

muscles, but walked with a steady gait. AR 420. Plaintiff told Wiese that she struggled with 2 her weight. In February 2018, anesthesiologist Dr. Stephen Endres found that plaintiff had equal and symmetrical deep tendon and ankle reflexes; an intact gross strength exam; x-ray imaging

that revealed osteoarthritis; a stabbing pain in her thoracolumbar junction when she bent, twisted, or turned; pain in her lumbosacral junction; and pain over her sacroiliac joint that started in her back and radiated to the front. AR 352. He gave her trigger point injections in the thoracolumbar junction (the joint between the 12th thoracic vertebra and the first lumbar vertebra), AR 353, in February and again in August 2018. AR 1308-09. In March 2018, plaintiff saw APNP Weise, complaining of her right knee giving out.

AR 429. X-rays showed very mild degenerative changes at the medial joint compartment and mild-to-moderate degenerative changes of the patellofemoral joint (the meeting place of the back of the knee and the femur at the front of the knee). AR 433. Weise advised plaintiff to continue with non-steroidal anti-inflammatory drugs (NSAIDs), and to use a support brace. Id. AR 432. In May 2018, plaintiff told Weise that she was experiencing a new kind of headache.

AR 436. She said that she had a history of both migraines and cluster headaches but had not struggled with headaches since she had a hysterectomy in 2002. AR 436. Weise observed that plaintiff walked with a steady gait, had joint swelling, and pain with palpitation in the right mediolateral femur tibia joint radiating through the first right quad muscle. In August 2018, APNP Weise reported that plaintiff continued to complain of low

back pain limiting her ability to sit, stand, walk, and perform daily activities. AR 1306. 3 Plaintiff’s spinal examination showed no tenderness over her spine, no joint deformity, intact circulation, motion, and sensation bilaterally. Id. Weise encouraged plaintiff to look into physical therapy, and increased the Citalopram she was taking, after noting that plaintiff had

a persistent depressive disorder. Id. In September 2018, Dr. Endres saw plaintiff again and took x-ray images. AR 1310. The results showed no acute abnormality in plaintiff’s overall normal alignment in either her thoracic or her lumbar spine, and no substantial canal or forminal narrowing in the lumbar spine. Id. In October 2018, APNP Weise found that plaintiff had neck and back pain, shoulder

weakness, fatigue, headaches, difficulty sleeping, and lack of pleasure with activities. AR 479-80. Again, Wiese recommended an exercise program for plaintiff’s back pain. In December 2018, Weise noted that plaintiff reported sleepiness, joint and spinal pain, and weakness. AR 1334-35. Also in December 2018, neurologist Dr. David Nye assessed plaintiff as having a gait disorder, possible polyneuropathy, chronic migraines, and a family history of multiple

sclerosis. AR 1356. He found plaintiff’s range of motion in her neck and hips moderately limited in all directions, with pain “at the extremes of the directions.” Id. Plaintiff told the doctor that she had headaches on more days than not and had had them for many years, along with fatigue, abdominal pain, leg swelling, back and joint pain, muscle pain, stiffness, and excessive daytime sleepiness. AR 1349. In January 2019, Dr. Nye reviewed an MRI of

plaintiff’s brain and noted probable indications of areas likely to be chronic, small vessel 4 ischemia, AR 1357, but he did not explain the significance of that finding in the record. In January 2019, Dr. Timothy White, a neurologist, saw plaintiff for the purpose of providing a second opinion on her complaints of headache, neck pain, sleep problems, and

her concern that she might have multiple sclerosis, as one of her sisters did. He found that plaintiff had brisk and symmetric reflexes in her arms and legs, was able to stand and walk unassisted, and could stand on her heels and toes. AR 1364. He reviewed the MRI of her brain and told her the findings were consistent with her history of hypertension and migraines. Id. Plaintiff told him she had pain, joint swelling, and stiffness in her joints, as well as weakness in her arms and legs, and loss of balance. AR 1362. Dr. White told her

that the findings were more consistent with arthritis than with multiple sclerosis. To allay plaintiff’s concerns about having multiple sclerosis, Dr. White arranged for her to undergo an MRI. After reading the results, he told plaintiff in February 2019 that the MRI findings were normal, with the exception of “central disc protrusion extending into both proximal foraminal producing at least mild bilateral foraminal stenosis, with minimal spinal stenosis noted.” AR 1366.

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Bluebook (online)
Gustafson, Cynthia v. Saul, Andrew, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gustafson-cynthia-v-saul-andrew-wiwd-2021.