Hoffman v. Colvin

58 F. Supp. 3d 869, 2014 U.S. Dist. LEXIS 141473, 2014 WL 4954659
CourtDistrict Court, M.D. Tennessee
DecidedOctober 1, 2014
DocketCase No. 3:13-cv-00826
StatusPublished

This text of 58 F. Supp. 3d 869 (Hoffman v. Colvin) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoffman v. Colvin, 58 F. Supp. 3d 869, 2014 U.S. Dist. LEXIS 141473, 2014 WL 4954659 (M.D. Tenn. 2014).

Opinion

MEMORANDUM

WILLIAM J. HAYNES, JR., District Judge.

Plaintiff, Tammy G. Hoffman, filed this action under 42 U.S.C. § 405(g) against the Defendant Carolyn Colvin, acting Commissioner of Social Security, seeking judicial review of the Commissioner’s denial of her application for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) under the Social Security Act. On August 11 and 18, 2010, Plaintiff filed claims for DIB and SSI alleging an onset date of June 9, 2010 and citing her chronic spinal disc disorder and mental impairments. After a hearing, the Administrative Law Judge (“ALJ”) denied Plaintiffs claims.

In sum, the ALJ evaluated Plaintiffs claim for DIB and SSI benefits using the sequential evaluation process set forth at 20 C.F.R. §§ 404.1520, 416.920 (Docket Entry No. 11, Administrative Record at 18-31).1 At step one, the ALJ found that Plaintiff had not engaged in substantial gainful activity since her amended alleged onset date. Id. at 20. At step two, the ALJ determined that Plaintiff had severe impairments consisting of lumbar degenerative disc disease, fibromyalgia, major depressive disorder, and bipolar disorder. Id. at 21. At step three, the ALJ found that Plaintiff did not prove an impairment or combination of impairments that met or equaled one of the listed impairments found in 20 C.F.R. Part 404, Subpart P, Appendix 1. Id. at 22. The ALJ found that Plaintiff could alternate between sitting and standing and walking every hour; that she may frequently use her feet for foot controls, occasionally engage in postural activity; that she may not work around unprotected heights or other hazards; that she can perform simple and detailed, but not complex tasks; and that she can adapt to only occasional changes in the workplace. Id. at 24. The ALJ concluded that Plaintiff retained the residual functional capacity to perform less than a full range of light work. Id.

Citing vocational expert testimony, the ALJ also found that although Plaintiff could not return to her past relevant work, Plaintiff retained the capacity to perform jobs that existed in significant numbers in the economy. Id. at 29-30. The vocational expert testified that a hypothetical individual with Plaintiffs age, education, past work experience, and credible limitations [871]*871could return to her past relevant jobs as a receptionist, motel clerk, and cashier. Id. at 77-79. The vocational expert also testified that other jobs existed in the national economy which Plaintiff is able to perform, and identified representative jobs such as office helper, general clerk, and table worker. Id. at 30. Accordingly, the ALJ concluded that Plaintiff was not disabled within the meaning of the Act and was not entitled to disability benefits. Upon reconsideration, the Appeals Council upheld the AL J’s denial of benefits.

Before the Court is Plaintiffs motion for judgment on the administrative record (Docket Entry No. 26) to which the Commissioner filed a response. (Docket Entry No. 29). After review of the parties’ motion papers and the administrative record, the Court concludes that Plaintiffs motion for judgment on the record should be granted because of Plaintiffs combined impairments and the ALJ’s error in declining to give appropriate weight to the opinions of Plaintiffs medical and mental health providers.

A. Review of the Evidentiary Record

The Administrative Record reflects that Plaintiff is 49 years old and was graduated from high school with mostly Cs and Ds. Plaintiff has been employed since age 17 and her highest earning years were 1993— 1994. (Docket Entry No. 11 at 167). Pri- or to 1997, Plaintiff worked primarily part-time and unskilled manual labor jobs for less than six (6) months. Id. at 162-172. Plaintiff was often fired due to her inability to perform the job. Plaintiff worked full-time as a front-desk worker at Wynd-ham Resorts in 1998 for less than six (6) months. Id. at 57, 60-61, 163. Because Plaintiff needs frequent breaks and to stand up and walk around due to her pain, she was unable to perform her duties and was terminated. Id. at 60-61.

In 1998, Plaintiff was a part-time grocery cashier earning $1,224.75, id. at 57-58, but after less than three months left due to her pain from standing. Id. at 60. From late 2010 to early 2011, Plaintiff was a part-time school cafeteria worker, earning $1,002.38, but was terminated within three months for her inability to stand, lift, push and pull, and her crying at work. Id. at 61-62,170. After the birth of her child, Plaintiff stopped working from 2002-2004, but resumed working in 2004 until May 2011, when she was terminated from her last regular job. Id. at 21, 54-55, 167. Plaintiffs last job was as a part-time on call retail grocery stocker for a wholesale baker. In May 2011, Plaintiff was terminated for her inability to push and pull and her crying at work. Id. at 21, 55, 62, 167. In 2011, Plaintiff performed paid “make work” jobs for family members, id. at 59-60, 69-71, 222-23, 235-36, but the ALJ found these jobs were not substantial gainful activities. Id. at 28.

Plaintiffs medical history reflects that Plaintiff had increasing back pain after a March 2009 automobile wreck in which her automobile was rear-ended. Id. at 284-85. In April 2009, a lumbar MRI showed progression of disc bulge at L3/4 and L4/5, id. at 346-47, but in June 2009, Plaintiffs treating physician referred her to Dr. Eric Schlosser, a neurosurgeon, id. at 284-85, who found Plaintiffs back pain to radiate into her right hip. Id. at 277-79, 262-64. In July 2009, Dr. Schlosser recommended epidural steroid injections (ESI), id. at 257, that Plaintiff received in July, August, and September 2009. Id. at 291-293. By October 2009, however, the steroid injections failed to relieve Plaintiffs pain and Plaintiff was prescribed Percocet. Id. at 251.

In November 2009, a lumbar myelogram and a CT of Plaintiffs lumbar spine revealed minimal or mild disc bulges at T12/ [872]*872LI, L3/4, and L4/5, with mild to moderate bilateral foraminal stenosis at L3/4 and L4/5. Id. at 290, 294. The overall impression was “mild multilevel lumbar spondylo-sis; no significant central stenosis; forami-nal narrowing at L3/4 and L4/5.” Id. In late November 2009, Dr. John Nwofia, M.D. treated Plaintiffs pain that was aggravated by sleeping, sitting, standing, and walking. Id. On December 1, 2009, Plaintiff underwent a right-sided surgical lami-nectomy, foraminotomy, and right-sided discectomy at L4/5. Id. at 260. Dr. Eric Schlosser’s diagnosis was: “lumbar disc displacement at L4/5 and lumbar radiculo-pathy, right-sided L5 nerve root.” Id. at 260. Dr. Schlosser approved a medical management of Plaintiffs persistent pain by Dr. Nwofia. Id. Dr. Schlosser also found “a large disc bulge.” Id. at 261. Dr. Schlosser found improvement in Plaintiffs back and leg pain, but described continued leg pain in Plaintiffs right leg “is not unexpected.” Id. at 250.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
58 F. Supp. 3d 869, 2014 U.S. Dist. LEXIS 141473, 2014 WL 4954659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-colvin-tnmd-2014.