Kosirog v. Berryhill

354 F. Supp. 3d 835
CourtDistrict Court, M.D. Tennessee
DecidedJanuary 3, 2019
DocketCIVIL ACTION NO. 16-00028-WGY
StatusPublished
Cited by1 cases

This text of 354 F. Supp. 3d 835 (Kosirog v. Berryhill) 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
Kosirog v. Berryhill, 354 F. Supp. 3d 835 (M.D. Tenn. 2019).

Opinion

AMENDED MEMORANDUM OF DECISION1

*838I. INTRODUCTION

Gerald Steven Kosirog ("Kosirog") brought the present action pursuant to section 405(g) of title 42 of the United States Code. Kosirog sought this Court's review of the decision of the Commissioner of the Social Security Administration (the "Commissioner") to deny his applications for disability insurance and supplemental security income benefits from April 15, 2012 to August 26, 2013. Mot. J. Admin. R., ECF No. 13; Mem. Supp. Pl.'s Mot. J. Admin. R. ("Pl.'s Mem."), ECF No. 13-1. Kosirog asked that this Court reverse the Commissioner's decision or remand his case for further administrative proceedings. Pl.'s Mem. 1. The Commissioner, in contrast, requested that this Court affirm its decision. Def.'s Resp. Pl.'s Mot. J. Admin. R. ("Def.'s Resp.") 4, ECF No. 15.

This Court granted Kosirog's motion to remand because the hearing officer failed to identify the specific evidence in the record upon which he relied when making his decision.

A. Procedural History

On September 20, 2012, Kosirog applied for disability insurance benefits. Admin. R. 131-37, ECF No. 10. On March 13, 2013, Kosirog applied for supplemental security income benefits. Id. at 138-47. Both applications had a disability onset date of April 15, 2012. Id. at 131, 148. The Social Security Administration denied Kosirog's request for both benefits initially and after reconsideration. Id. at 71-73, 78-79. On September 3, 2014, a hearing officer held a hearing upon Kosirog's request. Id. at 29-49, 81-82.

The hearing officer found that Kosirog had a disability beginning August 27, 2013, when Kosirog turned 50 years old, but not earlier. Id. at 13-28. Disputing this finding, Kosirog requested review of the hearing officer's determination that he did not have a disability between April 15, 2012 and August 26, 2013. Id. at 9. On February 26, 2016, the Appeals Council denied review of the hearing officer's decision. Id. at 1.

On May 26, 2016, Kosirog filed the present action for review of the Commissioner's decision. Compl., ECF No. 1. On July 18, 2016, the Commissioner filed an answer, ECF No. 9, and the administrative record, ECF No. 10. On September 30, 2016, Kosirog filed a motion for judgment on the administrative record and a supporting memorandum. ECF No. 13. On October 28, 2016, the Commissioner responded. ECF No. 15. On November 11, 2016, Kosirog replied. Pl.'s Reply 1, ECF No. 16.

On January 29, 2018, the case was assigned to this Court. Electronic Clerk's Notes, ECF No. 17. On September 19, 2018, this Court heard oral argument and remanded the case for further proceedings. Electronic Clerk's Notes, ECF Nos. 21, 22. This opinion explains that decision.

B. Factual Background

Kosirog was born in 1963. Admin. R. 131. He completed his GED in 1991, id. at 34, and has worked as a concrete construction worker, a carpenter, and an overhead crane operator, id. at 33, 34, 44-45.

On March 2, 2012, after examination, Arthur Williams, D.O. ("Dr. Williams"), diagnosed Kosirog with chronic obstructive pulmonary disease ("COPD"). Id. at 246. On April 15, 2012, Kosirog fell off a horse and fractured four ribs. Id. at 253, 266, 301. Kosirog stated that he became disabled after that accident. Id. at 40, 131.

*839On July 26, 2012, during an appointment with Dr. Williams, Kosirog reported feeling substantial pain resulting from his horseback riding accident. Id. at 266. During Kosirog's examination, Dr. Williams detected decreased breathing patterns in both lungs and tenderness of the right flank and lumbar spine. Id. at 267. Dr. Williams diagnosed Kosirog with lumbar disc disease, COPD, and anxiety. Id. He prescribed Hydrocodone-Acetaminophen, Symbicort, and Clonazepam to treat those ailments, respectively. Id.

On August 7, 2012, John Klekamp, M.D. ("Dr. Klekamp"), began treating Kosirog for lower back pain radiating to the right leg. Id. at 253. After reviewing Kosirog's x-rays, Dr. Klekamp diagnosed Kosirog with disc degeneration as well as cervical pain. Id. at 253-54.

On August 23, 2012, during an appointment with Dr. Williams, Kosirog reported continued back pain and stated that medication was helping "just a little bit." Id. at 264. An examination revealed that Kosirog had decreased reflexes in his right knee and decreased strength in both legs. Id. at 265. Dr. Williams rediagnosed Kosirog with lumbar disc disease, administered an injection of Depo-Medrol and Decadron, and prescribed Prednisone. Id. On September 25, 2012, Dr. Williams noted no significant changes in Kosirog's symptoms. Id. at 262.

On October 5, 2012, an MRI of Kosirog's lumbar spine showed some mild and moderate arthropathy, a disc herniation, and marked degenerative L5-S1 disc stenosis. Id. at 277. On October 12, 2012, Dr. Williams administered an epidural steroid injection to Kosirog. Id. at 279. Then, on October 26, 2012, Kosirog underwent a second epidural steroid injection. Id. at 280.

On December 5, 2012, Dr. Klekamp performed a lumbar discectomy surgery on Kosirog. Id. at 249-50. On February 14, 2013, Kosirog stated that he had pain in the middle region of his back, right shoulder, neck, and tailbone despite the lumbar discectomy surgery. Id. at 402. At Dr. Klekamp's recommendation, Kosirog visited a pain management specialist who diagnosed him with sacroliitis, lumbar disc degeneration, thoracic back pain, cervicalgia, and lumbar radiculopathy. Id. at 319, 402.

On March 14, 2013, Dr. Williams saw Kosirog for a follow-up visit regarding his lumbar discectomy surgery. Id. at 297. X-rays of his spine, taken the same day, showed straightening of the cervical spine with decreased range of motion, osteophytic spurs, and degenerative disc disease with spondylosis and disc narrowing. Id. at 289.

On May 6, 2013, Dr. Williams completed a Multiple Impairment Questionnaire for Kosirog. Id. at 299-306. He diagnosed Kosirog with lumbar disc disease after his surgery in December 2012. Id. at 299. To support his assessment, Dr. Williams cited clinical findings that included an MRI scan and the absence of ankle reflexes. Id. at 299-300. Dr. Williams reported that Kosirog's primary symptoms were pain in the right leg, a limping gait, and exhaustion. Id. at 301. Kosirog's pain ranged from moderate to severe, from six to ten on a ten-point scale, and his fatigue ranged from moderate to moderately severe, from six to eight on a ten-point scale. Id. Dr. Williams stated that the symptoms and limitations detailed in the questionnaire had been present since April 15, 2012. Id. at 305.

Dr. Williams found that Kosirog could sit for a maximum of one hour and stand and walk for a total of one hour during an eight-hour workday, but needed to change positions every 15 minutes. Id. at 299-306, 324, 408. Kosirog could occasionally lift and carry ten pounds, but never more. Id.

*840at 302.

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