Leigh Ayn D. Laurey v. Commissioner of Social Security

632 F. App'x 978
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 1, 2015
Docket14-14509
StatusUnpublished
Cited by28 cases

This text of 632 F. App'x 978 (Leigh Ayn D. Laurey v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leigh Ayn D. Laurey v. Commissioner of Social Security, 632 F. App'x 978 (11th Cir. 2015).

Opinion

PER CURIAM:

Leigh Ayn D. Laurey appeals the district court’s order affirming the Commissioner of Social Security Administration’s (“Commissioner”) denial of her application for disability insurance benefits (“DIB”), pursuant to 42 U.S.C. § 405(g). After a thorough review of the record, we affirm.

*980 I. FACTUAL BACKGROUND

A. DIB Application

On December 20, 2011, Laurey filed her application for DIB, alleging a disability onset date of February 6, 2006. Laurey identified these medical conditions: (1) upper and lower back injury, (2) post-traumatic stress disorder (PTSD), (3) migraine headaches, (4) bilateral knee problems, (5) major depression, (6) fibromyalgia, and (7) reactive airway disease. After her application was denied initially and on reconsideration, Laurey requested a hearing before an administrative law judge (“ALJ”).

B. ALJ Hearing

At the September 2012 administrative hearing, Laurey testified as follows. Lau-rey had previously worked as a sheriff deputy in a jail, a police drill instructor, a military police officer, and an auto parts specialist, but had not worked since February 2006. Laurey was treated at the Veterans Affairs (“VA”) facility for migraine headaches, fibromyalgia, and chronic back pain. 1 Laurey had about two or three migraines per month, had fibromyalgia pain in her arms, shoulders and back, and often experienced tingling in her hands and dropped things as a result. Laurey took hydrocodone for her pain, cycloben-zaprine for muscle relaxing, and Cymbalta for the fibromyalgia, all of which made her feel tired. Laurey took sumatriptan for her migraines, which made her sleep for eight hours.

As to her daily activities, Laurey took her daughter to the school bus and then spent about three-quarters of the day resting on the couch or in bed. Her daughter helped Laurey with laundry by loading the clothing into the machines. Laurey’s husband cooked the meals and did the dishes. Laurey had a bench and a special shower head to help her take showers. Laurey was unable to do any exercise, could sit for only ten to fifteen minutes before experiencing pain, would get up and walk around for five to ten minutes and then sit back down, could stand for about five minutes, and could lift five pounds.

C.Medical Records

1. 2004. Military Records

According to Laurey’s medical records, 2 in January 2004, after Laurey’s military service in Iraq, she had back pain and underwent a lumbar MRI at Eisenhower Army Medical Center at Fort Gordon. The MRI showed normal bony structures, intact disc spaces, and no evidence of a herniated or bulging disc. At the L5-S1 level there was “bilateral neural foraminal narrowing mild on the right and moderate on the left.” In April 2004, Laurey underwent an MRI of the cervical spine with normal results.

In June 2004, Laurey had a fibromyalgia evaluation at Eisenhower’s rheumatology clinic. Laurey reported pain in her neck, low back, and knees, daily headaches, constant pain “ ‘all over,’ ” lethargy, and difficulty sleeping, with an “onset of symptoms after having a back injury in August 2003.” An examination showed “18/18 tender points of fibromyalgia” bilaterally. Lau-rey was already taking tramadol and gaba-pentin, among other medications, and was prescribed amitriptyline.

*981 2. 2006 VA Pain Clinic

In September 2006, Laurey visited the pain clinic at the Tampa VA hospital. Consultation notes stated that Laurey complained of upper and lower back pain that began while she was deployed in Iraq, and “secondary bilateral pain in her knees ... and feet.” Although Laurey was diagnosed with fibromyalgia, the notes indicated that “her current description of her pain problems do not suggest that this is an appropriate label as she has several specific issues and no diffuse muscle aches, etc.” Laurey was able to ambulate independently, although she displayed mild pain behaviors. Laurey identified her pain level as a “6/7 on a scale of 0-10,” and reported that she currently treated her pain with Motrin and Excedrin, and had used medication, physical therapy, ki-nesiotherapy, and massage in the past. Laurey was recommended for pain management treatment at the pain clinic, but Laurey preferred to pursue treatment through her private primary care physician.

3. 2007 to 2010 at Bay Pines VA Medical Center with Dr. Frailing '

In 2007, Dr. Kathy Frailing at Bay Pines VA Medical Center began treating Laurey for: (1) chronic back and knee pain, (2) chronic headaches, (3) depression, (4) obesity, (5) hypertension, and (6) hy-perlipidemia. Laurey sought treatment in February, June, July, and October 2007, for her chronic pain. Dr. Frailing prescribed hydroeodone for pain and a muscle relaxer.

In August 2007, Laurey underwent a general medical evaluation in relation to her status as a veteran. The examination notes indicated that Laurey was “currently a homemaker,” stopped work in 2005 after having a baby and stayed home to care for her baby. Laurey had lost work in the past twelve months because “she can not take Hydroeodone and work at the sheriffs office.” As to her fibromyalgia, Lau-rey reported no effect on her “usual occupation” or activities of daily living, except that she avoided sitting or standing longer than 30 minutes at a time. Laurey described constant pain that improved (to 4 or 5 out of 10) with medication, which included hydroeodone and Ibuprofen three times a day. Laurey avoided: (1) lifting over 15 or 20 pounds; (2) sitting or standing longer than 30 minutes, (3) and bending over. Physical examination showed “widespread pain” with multiple trigger points for fibromyalgia and a limited range of motion in her lumbar spine. Her strength was 5/5 throughout.

In March 2008, Laurey visited Dr. Frail-ing for her chronic back and knee pain. Laurey’s neck was bothering her more. Dr. Frailing referred Laurey for an MRI on her cervical spine, which was performed in May 2008. The results showed “mild disc bulges at C4-C5, C5-C6, and C6-C7 without spinal canal or foraminal stenosis.” In addition, there was “no significant hy-pertrophic degenerative change.” The impression was “[m]ild degenerative changes of the cervical spine with mild disc bulges present at C4-C5, C5-C6, and C6-C7.” A week later, a neurologist, Dr. Safe U1 Huda, examined Laurey. Notes from the neurological exam state “Sensory Intact,” “Motor 5/5,” “DTR 2,” “COORD F-N wnl,” and “Gait WNL.” Dr. Huda reviewed a recent CT of Laurey’s brain and the MRI of her spine and noted they were “[n]egative study.”

At a September 2008 follow-up, Laurey reported continuing back and neck pain and that her TENS unit helped, but was falling apart. Dr. Frailing continued Lau-rey’s medications and ordered a new TENS unit. In a February 2009 follow-up visit, Laurey complained of back pain that *982 worsened when standing and reported that, on some days, she took two hydroco-done to manage the pain. Dr.

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