Koster v. Commissioner of Social Security

643 F. App'x 466
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 1, 2016
DocketNo. 15-3189
StatusPublished
Cited by38 cases

This text of 643 F. App'x 466 (Koster v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koster v. Commissioner of Social Security, 643 F. App'x 466 (6th Cir. 2016).

Opinion

HELENE N. WHITE, Circuit Judge.

David Alan Koster appeals the district court’s orders affirming the Social Security Commissioner’s denial of supplemental security income (SSI) and denying his motion to amend the judgment. Because substantial evidence supports the determination that Koster was not disabled, we AFFIRM.

I. BACKGROUND

Koster was born in February 1961 and has an 11th grade education. PID 269. In July 1986, when he was twenty-five years old, Koster was in a car accident and sustained serious injuries that included fractures of a hip, femur, tibula, fibula, and ankle, head trauma, and a displaced kneecap.1 PID 96. In February 2010, at age 49, Koster was struck by a vehicle as a pedestrian crossing the street. He sustained fractures of both legs, pelvis, hip, pubic bone, shoulder, one arm, nose, and multiple ribs, and other injuries including a lacerated spleen, subarachnoid hemorrhage, and subdural hematoma. Koster’s hospitalization and rehabilitation extended from February 8, 2010 to May 19, 2010. PID 299, 313.

On September 24, 2010, Koster, proceeding pro se, filed a protective application for Supplemental Security Income (SSI) benefits,2 claiming a disability onset date of July 29, 1986. PID 62, 248-49. Koster alleged disability due to back problems, anxiety, psychosis, right orbital fracture, nasal bone fracture, subarachnoid hemorrhage, alcoholism, L3 compression, and lumbar spine problems. PID 120, 685. Koster’s claim was denied initially and on reconsideration. PID 585. Koster retained counsel in January 2011 and requested a hearing before an administrative law judge (ALJ). PID 146,185.

The ALJ concluded after two days of hearings that Koster was not disabled. PID 62. After the Appeals Council denied Koster’s request for review, he brought the instant action. PID 586, 606.

A. Treatment Records

Medical records from Koster’s hospitalization in February 2010 describe the injuries he sustained from being struck by a vehicle:

David Koster is a 49 year old male who was life flighted to MHMC on 2/8/10 as a CAT 2 trauma from MVA scene. Patient was a pedestrian struck with ( + ) LOC, ( + ) EtOH [ethyl alcohol blood alcohol concentration level]. (Etoh 388), found down with multiple injuries including traumatic SAH [subarachnoid hemorrhage] (no shift/mass effect), occi[468]*468pital, pelvic, and appendicular fractures, GCS 13 on arrival. Pt has hx of prior non-surgical cerebral trauma (bat to sin-ciput [the front of the skull from forehead to crown], high-speed bicycle vs. tree). On 2/9/10 underwent Right radius and ulna ORIF, right ulna I & D, R ECU repair ...
Pt previously admitted to Metro trauma service in 2005 after being hit in head w/bat and sustaining Fracture through an anterior osteophyte [bone spur, or bony projection that forms along joint margins] at the C6-C7 disc.

PID 424-25, 412.

From the hospital, Koster was transferred for rehabilitation for six weeks (April 8 to May 19, 2010) and attended an orthopedic follow-up appointment on April 26, 2010. PID 534-36. Dr. Christine Fischer, Koster’s attending physician, examined Roster on dates including April 14, April 27, and May 12, 2010. PID 299. Dr. Fischer listed Roster’s medications as including Percocet since October 26, 2005 with a stop date of May 19, 2010, the day of Roster’s release from rehabilitation. PID 460-63.

Medical records state that Koster progressed while in rehabilitation; his strength increased, medication adequately controlled his pain, and he walked with a cane. PID 299. At discharge on May 19, 2010, Roster had reached his pre-accident baseline and was fully weight bearing, PID 65, 299.

On June 18, 2010, EMS transported Koster to an emergency room. Hospital records state that Koster presented with alcohol intoxication and complaining of suicidal thoughts and depression. His medical work up was unremarkable. He was observed for six hours and he stated that he wanted to go home. PID 363.

December 7, 2010

On December 7, 2010, nearly seven months after Koster was discharged from rehabilitation, he requested pain medication from Dr. Michael Seidman, who would not prescribe narcotics because Roster “has gone for three months without pain medication:”

David Koster is a 49 year old male here requesting pain medication. He was in a very bad accident in 3/10 [sic 2/10] and since then has had pain in multiple areas of his body — knees, back, neck. The pain he has today is no better and no worse than the pain he has been having. He has been without pain medication for the last three months due to financial issues. Previously he was on narcotics and then motrin. The motrin tore up his stomach.

PID 539. Dr. Seidman prescribed extra-strength Tylenol, to which Roster agreed.

December 8, 2010 Psychological Evaluation

Psychologist Margaret Zerba evaluated Roster face-to-face on December 8, 2010. She opined that Koster “is functioning within the average range of intelligence,” and added:

Health History: Claimant reported, “I had a motorcycle accident in 1986. I should not have been speeding. I suffered a head trauma. I was unconscious. My left leg was cutoff. I’m full of pins and metals and steel plates. I’m in pain all the time. I’ve had no medications for three months. I have no insurance. My arthritis is bad. I was diagnosed five years ago with bipolar. I went to outpatient at Marymount Hospital. They gave me lots of medications — Valium, Depa-kote, Neurontin, Remeron and two others. I took myself off of those [469]*469medications three years ago. They made me like a zombie.” Claimant was asked if he had any other accidents or injuries. He replied, “I had an accident where I went through a windshield on 2/8/10. I should have been crossing the street at the crosswalk, but the street was well lighted. The woman who was driving her car hit me. My head went through the windshield. I was in the hospital for three months. Both' of my legs were broken. My right arm was broken. I have plates in it. I was unconscious. I had head trauma and I now have problems with memory. This is the second head trauma I had. They told me I died while I was being life flighted in a helicopter. The driver wasn’t cited.”
Education: Claimant went to the 11th grade. When asked why he stopped school, he replied “I got a job in a foundry.” When asked if he had any learning problems, he replied, “no. I had no special education.”
Community Problems: Claimant reported, “I was in prison one year the first time for probation violations, and two years the second time for a probation violation. I was last released in 1991.
Work: Claimant last worked in 1986. He stopped work due to his motorcycle accident. He stated, “I was painting and cutting lawns. The longest I worked any one job was 15 months. I was never fired from a job.”
Rehabilitation History: Upon inquiry claimant reported no history of working with the Bureau of Vocational Rehabilitation.
MENTAL STATUS
Appearance and Behavior: Claimant’s grooming and hygiene were good. He was cooperative.

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643 F. App'x 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koster-v-commissioner-of-social-security-ca6-2016.