Krizon v. Barnhart

197 F. Supp. 2d 279, 2002 U.S. Dist. LEXIS 7208, 2002 WL 662267
CourtDistrict Court, W.D. Pennsylvania
DecidedApril 23, 2002
DocketC.A. 01-128 Erie
StatusPublished
Cited by2 cases

This text of 197 F. Supp. 2d 279 (Krizon v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krizon v. Barnhart, 197 F. Supp. 2d 279, 2002 U.S. Dist. LEXIS 7208, 2002 WL 662267 (W.D. Pa. 2002).

Opinion

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

This is a social security action. Pursuant to 42 U.S.C. § 405(g), Mark. L. Krizon (hereinafter “Plaintiff’) seeks review of the Commissioner of Social Security’s decision to deny his claim for disability insurance benefits and social security income. Presently pending are cross-motions for summary judgment. For the reasons stated below, we will enter summary judgment in favor of Plaintiff, to the extent that we will remand.

I. Background

Plaintiff filed his applications for benefits on April 17, 1998, alleging that he has been unable to work since February 17, 1998 due to a back disorder, blood clots in his right leg and a right ankle injury. When he was sixteen years old, he had an accident in which his right leg was crushed. (AR at 198). He was 33 years old at the time the hearing decision was issued and has a high school education. While in high school, Plaintiff received vocational training in appliance repair and welding. (Administrative Record, hereinafter “AR” at 37).

Among other reports, the record contains medical reports from two physicians who treated Plaintiff: Dr. David Andres, D.O., Plaintiffs family doctor, and Dr. Robert J. Brocker, Jr., M.D., Plaintiffs neurologist. In February, 1998, after Plaintiff had been hospitalized for blood clots, Dr. Andres reported that he was doing fairly well. (AR at 191). He was having some numbness in his toes and a nerve conduction study was suggested, but ultimately not performed because Plaintiff had no insurance. Dr. Andres indicated that he did not feel permanent disability was a good idea, and thought that Plaintiff would be able to return to work if he watched over him for the next six weeks. (AR at 191). The following month, Dr. Andres indicated that he filled out a form keeping Plaintiff out of work until July 1. (AR at 190). In April, 1998, Plaintiff had the nerve conduction studies performed and an abnormality in his right foot was *282 revealed. (AR at 190). Dr. Andres consequently referred him to Failor and a physical therapist. Plaintiff appeared at this visit to be very hesitant to return to work, although Dr. Andres declined to refer him for permanent disability because he believed Plaintiff would be able to do something at some point in time. (AR at 190).

On June 2, 1998, Plaintiff visited Dr. Andres after falling down his stairs and injuring his shoulder, back and neck. (AR at 189). Dr. Andres observed that Plaintiff had been doing fairly well prior to the fall but was experiencing quite a bit of pain at this time. Plaintiff was told to undergo multiple x-rays and to follow up with the Pain Clinic. One week later, Dr. Andres reported that Plaintiff was not doing any better and changed his medications. (AR at 188). Plaintiff was taken off Coumadin, and was prescribed Plavix, Elavil, Relafen, and Esgic. Dr. Andres also noted that Plaintiff wanted to see Dr. Brocker and that that would be fine. In July, 1998, Dr. Andres reported that Plaintiff came in with many major complaints including arthritis pain, leg pain, back pain, groin pain from the DVT and headaches. (AR at 187). He observed that he was beginning to wonder whether Plaintiffs complaints were exaggerated. No changes were made at this visit other than increases in the dosage amounts of Esgic and Relafen.

Plaintiff told Dr. Andres that he was still having chronic pain in August, 1998, and Dr. Andres reported that the best course would be to have Dr. Brocker work on Plaintiffs back and neck pain, an ortho-pod work on Plaintiffs shoulder pain, and for he himself to continue to work on Plaintiffs DVT pain. (AR at 185). Dr. Andres also noted that Plaintiff would be seeing a physical therapist weekly in order to determine whether other changes needed to be made.

Plaintiff first saw Dr. Brocker on June 17, 1998. (AR at 200-201). At this visit, Plaintiff complained of pain and numbness in his right leg that radiated into his foot and toes. He said that he had had the pain for two months, that it was a 10 on a scale of 1 to 10 and occurred all the time, that it was relieved by nothing and was aggravated by bending, sitting, standing and walking. Dr. Brocker diagnosed chronic pain syndrome and lumbar radicu-lopathy, prescribed Neurontin and Perco-cet, and ordered an MRI. (AR at 201).

The MRI revealed a dehydrated disc at Tll-12 and a dehydrated bulging disc at L3-4. (AR at 199). On July 15, 1998, Dr. Brocker reported that the results of a bone scan Plaintiff had in June were relatively unremarkable and were not suggestive of reflex sympathetic dystrophy although he did find that Plaintiff suffered from chronic pain. (AR at 144, 198). He continued Plaintiff on Neurontin and added Flexiril, and described Plaintiffs progress by stating that he was worsening and continuing to suffer. Dr. Brocker continued to report that Plaintiff was worsening in August and September, 1998 and also diagnosed him in these months with cervical radiculopathy, cervical disc displacement and lumbar disc displacement, lumbar radiculopathy with chronic benign pain and intractable pain. (AR at 196-197). Dr. Brocker also recommended physical therapy with traction and aqua therapy at this time. (AR at 195-196). In November, 1998, Dr. Brocker again reported that Plaintiff was worsening and recommended a right ankle brace, deep heat ultrasound and massotherapy in addition to his other medications and therapies. (AR at 221). One month later, Dr. Brocker again reported that Plaintiff was worsening, noting specifically that the clots and neck were better, but the lower back was worsening. *283 (AR at 222). He recommended that Plaintiff try to avoid lifting, bending or twisting.

Plaintiff was examined on October 30, 1998 by Dr. Ali Akbar Maknoon, M.D. at the request of the Social Security Administration. (AR at 202-204). Dr. Maknoon reported that Plaintiff had a history of chronic left shoulder pain that was mildly symptomatic and produced a slight limitation of internal rotation at the time of the examination, a history of chronic neck pain that did not reveal any objective neurological findings but did produce slight stiffness with mild paraspinal muscle spasm at the time of the examination, a history of blood clotting in the right leg that was not then producing any edema or swelling, and a history of chronic ankle pain dating to Plaintiffs injury at the age of sixteen that was symptomatic at the time of the examination. (AR at 203).

A residual functional capacity assessment was also completed by a reviewing physician. (AR at 206-212). Dr. Dulabon, Jr., M.D. reported that Plaintiff could occasionally lift 20 pounds, could frequently lift ten pounds, could stand and/or walk at least two hours in an eight-hour workday, could sit for a total of about six hours in an eight-hour workday, had an unlimited ability to push and/or pull, and had no postural manipulative, visual, communicative, or environmental limitations. (AR at 206-212).

The record also contains medical records from Northwest Medical Center dating from March 29, 1992 to June 20, 1998 and from Lisa A. Failor, DPM dating from April 24, 1998 to June 1, 1998. (AR at 134-181, 226-258, 131-133, 217-220).

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Bluebook (online)
197 F. Supp. 2d 279, 2002 U.S. Dist. LEXIS 7208, 2002 WL 662267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krizon-v-barnhart-pawd-2002.