Mercer v. Colvin

77 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 2793, 2015 WL 128219
CourtDistrict Court, S.D. Iowa
DecidedJanuary 9, 2015
DocketNo. 4:13-cv-513 RP-RAW
StatusPublished

This text of 77 F. Supp. 3d 818 (Mercer v. Colvin) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mercer v. Colvin, 77 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 2793, 2015 WL 128219 (S.D. Iowa 2015).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT W. PRATT, District Judge.

Plaintiff, Linda Darlene Mercer, filed a Complaint in this Court on December 27, 2013, seeking review of the Commissioner’s decision to deny her claim for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g).

Plaintiff filed an application for benefits July 22, 2010. Tr. at 123-31. Plaintiff, whose date of birth is January 28, 1962, (Tr. at 125) was 50 years old at the time of the hearing on July 3, 2012, before Administrative Law Judge Jo Ann Draper (ALJ). Tr. at 28-63. The ALJ issued a second Notice of Decision — Unfavorable on July 26, 2012. Tr. at 7-22. The Appeals Council declined to review the AL J’s decision on October 18, 2013. Tr. at 1-3. Thereafter, Plaintiff commenced this action.

The ALJ found that Plaintiff was last insured for Title II benefits on December 31, 2011. At the first step of the sequential evaluation, the ALJ found that Plaintiff has not engaged in substantial gainful activity after August 16, 2007, the amended alleged disability onset date. At the second step, the ALJ found Plaintiff has the following severe impairments: obesity; knee osteoarthritis; asthma; histrionic personality disorder; and a somatoform disorder. Tr. at 12. The ALJ found that none of the severe impairments were, alone or in combination, severe enough to qualify for benefits at step three of the sequential evaluation. Tr. at 12-13. At the fourth step, that ALJ found:

After careful consideration of the entire record, the ' undersigned finds that through the date last insured, the claimant had the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a), lifting and carrying 10 pounds occasionally and five pounds frequently, standing or walking two hours of an eight hour work day, and sitting six to eight hours of an eight-hour day. Additionally, she may only occasionally climb, balance, stoop, kneel, or crouch, but never crawl or climb ladders, ropes, or scaffolds. Furthermore, the claimant is precluded from exposure to hazards such as heights or moving machinery, and she may only occasionally interact with the public, co-workers, or supervisors, finally, the claimant is precluded from highly detailed, highly complex job tasks.

Tr. at 13-14. The ALJ found that Plaintiff is unable to perform her past relevant work. Tr. at 19. At the fifth step, the ALJ found that Plaintiff is able to do a significant number of jobs, examples of which include pricer, food checker, and [821]*821circulation clerk. Tr. at 20-21. The ALJ found that Plaintiff is not disabled nor entitled to the benefits for which she applied. Tr. at 21-22.

MEDICAL EVIDENCE

On October 17, 2005, Plaintiff was seen by Theodore Lockard, M.D. for an exacerbation of asthma. Tr. at 255-56. Plaintiffs blood pressure was 110/70. Her height was recorded as five feet, five and a half inches, and her weight was 294. Tr. at 255. Plaintiff was given a prescription for Prednisone and instructed to return to the clinic eight days later. Tr. at 256.

Plaintiff returned to the clinic on October 27, 2005 at which time the asthma was noted to be improving. Plaintiff was instructed to taper the dosage of Prednisone and to restart an inhaler. Tr. at 254. Plaintiffs weight was 296. Tr. at 253. On January 16, 2006, Plaintiff saw Dr. Lock-ard with a dry, hacky cough of “questionable etiology.” Tr. at 252.

On January 27, 2006, Plaintiffs cough had improved and Dr. Lockard noted a “history of asthma without evidence of flare-up.” The doctor also noted improved control of hypertension. The plan was for Plaintiff to continue working on her diet, exercise and weight loss. Tr. at 250. Plaintiffs weight was 286 pounds. Tr. at 249. On February 24, 2006, Dr. Lockard’s assessment was: 1) chronic asthma — moderately good control; 2) chronic diarrhea— status post cholecystectomy; 3) hypertension — adequate control. Tr. at 248. Plaintiffs weight was 280. Tr. at 247.

April 19, 2006, Plaintiff was seen by Michael Fraizer, M.D. at an emergency room because of a 7 to 10 day history of constant left-sided chest pain. The pain had been accompanied by some nausea and shortness of breath. Tr. at 416. Medications included Dilantin, Depakote, Keppra, Hydrochlorothiazide, Norvasc and Benicar. Tr. at 416-17. On physical examination, Plaintiff appeared uncomfortable, but her heart had regular rhythm with no murmurs, gallops or rubs. Electrocardiogram and chest x-rays were normal. Tr. at 417. The doctor opined that Plaintiffs pain was musculoskeletal rather than coronary. Plaintiff was admitted for observation to rule out myocardial infarction. Tr. at 418. See also Tr. at 404-05, which is the discharge summary signed by Philip A. Bear, D.O.

On May 1, 2006, Dr. Lockard saw Plaintiff as a follow up after a hospitalization for chest pain. Plaintiffs weight was 285 pounds and her blood pressure was 144/102. The doctor also addressed the hypertension and superficial phlebitis of the left upper arm. The doctor noted that Plaintiff was working on stress reduction efforts. Consideration was given to counseling at Mercy Franklin. Tr. at 246.

On January 4, 2007, Plaintiff was seen in the Emergency Department of Mercy Hospital complaining of chest pain. Tr. at 290-312. A CT scan did not show evidence of pulmonary embolus. Tr. at 309. A chest x-ray showed mild cardiomegaly without acute cardiopulmonary pathology. Tr. at 310.

Dr. Lockard prescribed a portable nebu-lizer on January 5, 2007. Tr. at 380.

On March 5, 2007, Plaintiff saw Dr. Lockard with a complaint of difficulty swallowing. She felt as though food was hanging up in her throat. Plaintiffs weight was 300 pounds and her blood pressure was 180/110. Tr. at 487. The doctor diagnosed dysphagia and prescribed a Ca-tapres patch, and Pervaeid. The doctor also noted that Plaintiffs blood pressure was out of control and he prescribed medication. Tr. at 488.

On March 14, 2007, Dr. Lockard completed a family member certification of health care provider for the Family and [822]*822Medical Leave Act. The form was completed on behalf of Plaintiffs husband. The doctor wrote that Plaintiff had a seizure disorder and that she would need assistance from her husband once a week. The doctor said that Plaintiff is unable to care for herself after seizures. Tr. at 375-76. Plaintiffs husband wrote that his wife had seizures as frequently as once a week, or that it could be every two or three weeks. Tr. at 376. Family and Medical Leave Act forms were also filled out February 26, 2009 (Tr. at 502-06) and August 3, 2009 (Tr. at 495-500).

On March 15, 2007, Plaintiffs dysphagia had not improved .with medication. Dr. Lockard ordered upper GI encoscopy and possible esophageal dilation. Tr. at 486. Plaintiffs blood pressure was 160/120. Tr. at 485.

On August 16, 2007, Plaintiff saw Dr. Lockard who diagnosed: left arm symptoms — questionable neuropathy; chronic diffuse muscle aches — questionable fibro-myalgia; history of seizure disorder; and, questionable history of MS remotely diagnosed. Plaintiffs blood pressure was 164/116 and her weight was 294 pounds.

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Bluebook (online)
77 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 2793, 2015 WL 128219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercer-v-colvin-iasd-2015.