Markland v. Colvin

127 F. Supp. 3d 1031, 2015 U.S. Dist. LEXIS 115268, 2015 WL 5098756
CourtDistrict Court, E.D. Missouri
DecidedAugust 31, 2015
DocketNo. 4:14 CV 906 DDN
StatusPublished
Cited by1 cases

This text of 127 F. Supp. 3d 1031 (Markland v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Markland v. Colvin, 127 F. Supp. 3d 1031, 2015 U.S. Dist. LEXIS 115268, 2015 WL 5098756 (E.D. Mo. 2015).

Opinion

MEMORANDUM

DAVID D. NOCE, United States Magistrate Judge.

This action is before the court for judicial review of the final decision of the defendant Commissioner of Social Security denying the application of plaintiff Susan Williams Markland for a period of disability and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434. The parties have consented to the exercise of plenary authority by the undersigned Magistrate Judge under 28 U.S.C. § 636(c). For the reasons set forth below, plaintiffs claim is remanded for further development of the record.

I. BACKGROUND

Plaintiff Susan Williams Markland, born May 6,1966, applied for a period of disability and disability insurance benefits under Title II of the Social Security Act on April 27, 2011. (Tr. 126-132.) Plaintiff alleged an onset date of disability of April 13, 2009, due to pancreatitis and L5/S1 herniated disk and nerve damage. (Tr. 160-69.) Plaintiffs claim was initially denied on November 10, 2011. (Tr. 57-58.) On December 9, 2011, plaintiff filed a Request for a Hearing. (Tr. 70-71.) Plaintiff appeared and testified at a hearing before an ALJ on February 6, 2013, and on March 26, 2013, the ALJ found that plaintiff was not disabled. (Tr. 8-25.) Plaintiff exhausted all of her administrative remedies after the Appeals Council denied her Request for Review on March 6, 2014. (Tr. 1-5.) Thus, the decision of the ALJ stands as the final decision of the defendant Commissioner.

II. MEDICAL RECORD

A. Medical Records

On April 21, 2009, plaintiff sought treatment from Musaddeque Ahmad, M.D. for increasing urinary frequency and burning with urination. Dr. Ahmad diagnosed a urinary tract infection and prescribed Dar-vocet for pain and Bactrim (an antibiotic). Dr. Ahmad also noted that plaintiff had no back tenderness, weakness, fatigue, depression, anxiety, mania, sleep disturbances, or hallucinations. (Tr. 617-18.).

On May 19, 2009, plaintiff visited Dr. Ahmad for a pain medication refill. Dr. Ahmad continued plaintiffs prescription for Darvocet for plaintiffs pelvic pain. (Tr. 619-20.).

On September 8, 2009, plaintiff again visited Dr. Ahmad for a pain medication refill. Dr. Ahmad noted that plaintiff complained of moderate to severe right hip pain as well as feeling down and depressed. Dr. Ahmad stopped the Darvo-cet and prescribed Lorcet Plus for plaintiffs pelvic pain and Elavil for plaintiffs depression. (Tr. 621-23.).

On October 24, 2009, plaintiff sought treatment from Dr. Ahmad due to not feeling well. Plaintiff complained of diffuse muscle aches, low grade fever, facial pain, headache, nasal congestion, sore throat, and related complaints. Dr. Ahmad prescribed Mucinex DM (a cough suppressant), Amoxil (an antibiotic), Darvocet, and Elavil. Dr. Ahmad also noted that plaintiff had no depression, anxiety, mania, [1035]*1035sleep disturbances, and no hallucinations. (Tr. 624-26.).

On February 8, 2010, Plaintiff visited Dr. Ahmad for medication refills. Plaintiff complained of moderate-severe right hip pain that was “no worse, but still there” and was relieved by the current medication treatments. Dr. Ahmad noted that plaintiff also complained of bilateral knee pain and denied lower back pain. Dr. Ahmad decreased the dose for Darvocet and continued the Elavil. (Tr. 627-29.).

On June 1, 2010, plaintiff saw Dr. Ahmad for a follow-up appointment. Plaintiff again complained of hip pain and bilateral knee pain. Dr. Ahmad also noted that plaintiff complained of mild to moderate chronic lower back pain. Dr. Ahmad continued the Elavil prescription for depression and increased the Darvocet dosage. (Tr. 680-32.).

On June 15, 2010, plaintiff had a nerve conduction study performed. The computer interpretation of the study stated “consider moderate right L5/S1 radiculopathy” and that “the likelihood of a left L5/S1 radiculopathy or proximal neuropathy is low.”1 (Tr. 645-46.).

On July 5, 2010, plaintiff saw Dr. Ahmad to discuss plaintiffs MRI results. Dr. Ahmad noted that the MRI of plaintiffs spine showed a “herniated disc in between L5 and SI protruding towards the right side and causing intervertebral foraminal sten-osis” which was consistent with plaintiffs symptoms. The MRI also showed a mass in the pelvic area. (Tr. 633.).

On December 2, 2010, plaintiff went to the Jefferson Regional Medical Center emergency department with a complaint of abdominal pain. The emergency department physician admitted plaintiff to the medical unit of the hospital. Upon admission, Dr. Ahmad ordered IV fluid, pain control, intravenous Rocephin (an antibiotic), a surgical consultation, and a genitourinary consultation. James Travis Methvin, D.O., performed the surgical consultation examination and saw no need for surgical intervention. Ryan T. Miller, M.D., performed the urology consultation examination and noted that the etiology of plaintiffs abdominal pain was unclear. Dr. Miller determined that the CT scan revealed no evidence of a high-grade obstruction in the right ureter to explain the degree of pain that plaintiff was experiencing. Dr. Miller recommended reevaluation by a general surgeon due to plaintiffs significant abdominal pain being suggestive of either an ulcer or gallbladder disease. (Tr. 271-90.).

On December 4, 2010, Mohideen A. Jam-aluddin, M.D., performed a gastroenterolo-gy consultation examination of plaintiff. Dr. Jamaluddin diagnosed possible pyelo-nephritis and an abnormal CT scan of the pancreas. Dr. Jamaluddin’s treatment plan included an endoscopic ultrasound of the pancreas as an outpatient. (Tr. 292-95.).

On December 4, 2010, Dr. Ahmad discharged plaintiff from, the hospital with discharge diagnoses of urinary tract infection, right upper quadrant abdominal pain, history of recurrent urinary tract infection, status post recent ovary mass resection, and history of osteoarthritis of the knee and hip. (Tr. 296.).

On December 16, 2010, plaintiff saw Dr. Jamaluddin for a consultation examination following her hospitalization. Plaintiff complained of right upper quadrant abdominal pain, and a CT scan revealed a prominent pancreatic duct. Dr. Jamalud-din’s plan of care included an endoscopic ultrasound of the pancreas and a stool [1036]*1036sample to rule out C. diff. colitis, an inflammation of the large intestine resulting from an infection. Dr. Jamaluddin noted that plaintiffs mood and affect were appropriate. (Tr. 225.).

On January 3, 2011, plaintiff saw Dr. Ahmad for medication refills. Plaintiff complained of right hip pain, bilateral knee pain, and worsening of lower back pain rated as mild to moderate. Dr. Ahmad advised plaintiff to see a pain management physician for her chronic pain management. (Tr. 639-40.).

On January 18, 2011, plaintiff was again seen by Dr. Jamaluddin for a follow-up examination. Dr. Jamaluddin noted that the CT scan findings were consistent with chronic pancreatitis and that plaintiff continued to have right upper abdominal pain. Dr. Jamaluddin again documented that plaintiffs mood and affect were appropriate. (Tr. 224.).

On February 8, 2011, plaintiff presented to Abdul N.

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127 F. Supp. 3d 1031, 2015 U.S. Dist. LEXIS 115268, 2015 WL 5098756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/markland-v-colvin-moed-2015.