Nebra Simpson v. Commissioner of Social Security

344 F. App'x 181
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 27, 2009
Docket08-3651
StatusUnpublished
Cited by152 cases

This text of 344 F. App'x 181 (Nebra Simpson 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
Nebra Simpson v. Commissioner of Social Security, 344 F. App'x 181 (6th Cir. 2009).

Opinion

DAMON J. KEITH, Circuit Judge.

Plaintiff-Appellant Nebra Arlene Simpson (“Simpson”) appeals a district court decision affirming the judgment of the Commissioner of Social Security (“Commissioner”), which found that Simpson is not entitled to disability insurance benefits or supplemental security income. On appeal, Simpson contends the Administrative Law Judge (“ALJ”), whose opinion was the Commissioner’s final decision: (1) erred when he failed to find that Simpson has severe mental impairments resulting in non-exertional limitations; (2) failed to give the appropriate weight to her treating physicians’ opinions; and (3) erred by failing to call a medical expert to testify during the administrative hearing. For the reasons that follow, we reverse the district court’s decision with instructions to remand to the Commissioner for further proceedings consistent with this opinion.

I.

Simpson was born on October 7, 1970, and was 35 years old at the time of the administrative hearing. She is a high school graduate and worked as a housekeeper from 1993 until 1995, as a dental assistant from 1995 until 2002, and as a home healthcare aide in 2003.

Simpson applied for disability insurance benefits under 42 U.S.C. §§ 416 and 423 on December 23, 2003, and supplemental security income benefits under 42 U.S.C. § 1381 on November 24, 2003, for an injury alleged to have occurred on October 15, 2002. Her claims were initially denied on May 13, 2004, and were denied on reconsideration on August 25, 2004. On September 13, 2004, Simpson timely requested a hearing. The hearing took place before an ALJ on November 1, 2005. The ALJ had the benefit of Simpson’s extensive medical record and heard testimony from Simpson, who was represented by counsel, *183 and Evelyn Sindelar (“Sindelar”), who provided vocational expert testimony.

A. Simpson’s Statements and Testimony

1. Function Report

On June 13, 2004, Simpson completed a “Function Report” detailing the limitations resulting from her medical conditions, including right side pain, fatigue and nausea. She admitted that she takes care of a cat, has no problem handling her own personal care, remembering to take her medicine, preparing simple meals daily, handling her finances, reading, spending time with others in person and on the phone and getting along with family, friends, neighbors and people in authority.

Simpson noted, however, that she cannot stand or walk for long periods of time and that when she leaves her house, she cannot go alone and rides as the passenger in the car, because her medicine makes her fatigued and dizzy. She also noted that because of the severe pain on the right side of her body, she has difficulty lifting, climbing stairs, standing, kneeling, walking, squatting, sitting or reaching. She can only walk a few steps before needing to stop and rest. Simpson stated that her concentration comes and goes even though she can finish what she starts. She also can follow spoken and written instructions but has some trouble remembering things due to depression. Her memory for things that took place in the past few days or hours is “fine.” She is “tremendously” affected to her detriment by stress and changes in schedule.

2. Testimony

During her hearing before the ALJ, Simpson testified about her educational level and her work experience as a housekeeper, dental assistant and home healthcare aide. She also testified to suffering from: chronic right side pain in her right leg, pelvic area and abdomen, endometrios-is, daily migraines, diverticulitis, acid reflux, bowel problems, anxiety, and depression. She asserted that the medications she takes cause her to experience dizziness, drowsiness, blurred vision and, sometimes, confusion. Additionally, Simpson explained that the “worst problemas]” that keep her from working are her hernia and endometriosis, noting that her endome-triosis is severe and has required her to undergo surgery every year since 1994. She has bad days, “[fjive to six days a week,” where she “wake[s] up with a severe headache” and “ache[s] all over.” On such days, she likes to be alone, and “just lay around.” She lives alone in a first-floor apartment.

Simpson additionally testified that her doctor has placed restrictions upon her, as a result of her endometriosis, prohibiting her from “heavy lifting, bending. I can’t really walk very far or stand very long. Just minimal everything.” She testified to having “a hard time just lifting a gallon of milk.” Simpson’s method of dealing with her right side pain is to take medicine and “[a] lot of times ... to lie down and use an ice pack.” She also uses a cane but, even with it, cannot walk a city block.

B. Medical History

1. Physical

Simpson’s past medical history includes a total abdominal hysterectomy with bilateral salpingo-oophorectomy. Treatment notes prepared by Dr. Thomas W. Weh-mann reveal that Simpson had two inci-sional hernia repairs in her inguinal region in 2000 and 2001 as a result of her hysterectomy.

Beginning in January 2003, Simpson sought treatment for pain in her right hip, pelvic and inguinal areas, after doing some *184 heavy lifting, along with facial pain, shoulder pain and depression, which she had been previously experiencing. She saw a series of doctors throughout 2003 and 2005, who treated her with medication but were unable to cure her of the pain she was experiencing on the right side of her body, particularly in her hip, pelvic and inguinal areas. Notably, on January 5, 2004, Simpson agreed to proceed with surgery to repair what appeared to be a right inguinal hernia. The surgery took place on January 20, 2004, and Dr. Wehmann noted that the surgery revealed “a lot of reaction and scar tissue.”

On February 6, 2004, Simpson was admitted to the Cuyahoga Falls General Hospital, with a chief complaint of right inguinal abdominal pain and swelling. She also complained of rectal pain and bleeding. “A CT scan of her abdomen and pelvis revealed a supra rectus muscle abscess,” and she underwent a “percutaneous drainage of the abdominal seroma” by general surgery the day she was admitted. Simpson was discharged on February 11, in stable condition, with a series of medications and an assessment of noninfectious seroma and proctitis. On February 24, 2004, Simpson was again admitted to the Cuyahoga Falls General Hospital still complaining of right lower quadrant pain. She underwent a procedure the next day in which Dr. David Dellinger explored her abdominal wound, drained a hematoma, and excised the entire hematoma pocket found.

On March 19, 2004, Simpson reported to Dr. Garimah Jones that she continued to have pain following her surgery on February 25, 2004. Dr. Jones noted that Simpson was wincing during the interview, sitting very still while holding her side, and clenching her fist during the exam. Dr.

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