Ossmann v. Colvin

193 F. Supp. 3d 991, 2016 U.S. Dist. LEXIS 77705, 2016 WL 3398406
CourtDistrict Court, S.D. Iowa
DecidedJune 15, 2016
Docket3:15-cv-98 RP-HCA
StatusPublished

This text of 193 F. Supp. 3d 991 (Ossmann 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
Ossmann v. Colvin, 193 F. Supp. 3d 991, 2016 U.S. Dist. LEXIS 77705, 2016 WL 3398406 (S.D. Iowa 2016).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT W. PRATT, Judge, UNITED STATES DISTRICT COURT

Plaintiff, Dulcie Renee Ossmann, filed a Complaint in this Court on August 28, 2015, seeking review of the Commissioner’s decision to deny her claim for Social Security benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et [993]*993seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g).

Plaintiff filed an application for benefits on July 13, 2012. Tr. at 126-31. Plaintiff, whose date of birth is August 5, 1973 (Tr. at 126), was 40 years old at the time of the hearing on December 17, 2013, before Administrative Law Judge John M. Wood (ALJ). Tr. at 30-51. The ALJ issued a Notice Of Decision—Unfavorable on March 31, 2014. Tr. at 11-24. The Appeals Council declined to review the ALJ’s decision on July 1, 2015. Tr. at 1-4. Thereafter, Plaintiff commenced this action. .

At the first step of the sequential evaluation (20 C.F.R. § 404.1520(a)(4)), the ALJ found that Plaintiff has not engaged in substantial gainful activity after the date of her application for benefits. At the second step, the ALJ found Plaintiff has the following severe impairments: rheumatoid arthritis, fibromyalgia, obesity, and a degenerative back disorder. The ALJ found that Plaintiff’s impairments were not severe enough to qualify for benefits at the third step of the sequential evaluation. Tr. at 16. At the fourth step, that ALJ found:

After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b) except: the claimant cannot climb ladders, ropes, scaffolds; the claimant can perform other postural functions occasionally; the claimant needs a sit/stand option whereby one can alternate sitting and standing equally periodically during the day if desired; the claimant can perform manipulative functions frequently; and thé claimant must avoid workplace hazards.

Tr. at 17. The ALJ found that Plaintiff is unable to perform any of her past relevant work. Tr. at 22. At the fifth step of the sequential evaluation the ALJ found there is a significant number of jobs which Plaintiff is able to perform. Examples of such jobs are router and office helper. Tr. at 23. The ALJ found that Plaintiff is not disabled nor entitled to the benefits for which she applied. Tr. at 24.

MEDICAL EVIDENCE

On February 23, 2012, Plaintiff saw Julio Santiago, M.D. for an initial evaluation of low back pain, back stiffness, numbness in the left leg, radicular pain in the right arm, radicular pain in the right leg and numbness and tingling. Plaintiff also complained of chronic neck pain. Plaintiff reported that the condition had lasted two years with no precipitating event. On examination, Plaintiffs neck was normal and symmetrical, without swelling or tenderness. Tr. at 257. The doctor wrote:

Examination of the back reveals no mid-line defects, no vertebral or costoverte-bral angle tenderness, no kyphosis or scoliosis noted, no abnormalities, non tender, no limited range of motion, flex-ion, extension and lateral bending within normal limits,. negative Axial compression, negative hip swivel, negative leg lift on right and left, normal gait, negative straight leg right and left and intact patellar reflexes. Cervical ROM shows normal flexion without pain, normal extension without pain, normal L Tilt without pain, normal R Tilt without pain, normal L Rotation without pain, normal R Rotation without pain..

Tr. at 257-58. After the examination, the doctor diagnosed cervicalgia, chronic neck pain and chronic back pain. The doctor ordered an MRI of the cervical and lumbar spine. The doctor also ordered nerve conduction and EMG studies. The doctor prescribed tramadol for pain. Tr. at 258. An MRI dated March 2, 2012, showed degenerative changes of the lumbar spine at L3/L4 and L4/L5, causing mild central spinal stenosis and mild to moderate bilateral foraminal stenosis. Tr. at 265-66. An MRI [994]*994of the cervical spine was reported to be normal Tr. at 267.

On March 16, 2012, Borislav Nikolov, M.D., wrote a report addressed to Dr. Santiago. Plaintiff presented with complaints of low back pain radiating to her right buttock and down her right leg. Plaintiff reported throbbing and occasionally sharp, shooting pains with electrical like quality down to her leg. Plaintiff reported that the symptoms had begun approximately two years before the evaluation. It was noted that Plaintiff had a history of rheumatoid arthritis. Tr. at 234. Dr. Nikolov administered an EMG/NCV study. The doctor wrote:

There is no evidence of peripheral poly-neuropathy, however, right sural response is absent and also this correlates with absent right ankle jerk. There is somé chronic denervation changes primarily in L6, SI myotomes on the right but no definitive evidence of right SI root entrapment. I would recommend weight reduction and physical therapy for now. Her MRI imaging of the lower back also correlates the finding of the EMG/NCV study.

Tr. at 235.

On May 17, 2012, Plaintiff saw Michael F. Miniter, M.D. at Quad City Rheumatol-ogy. Plaintiff reported that in the previous two months her arthritis had flared, and she complained of pain in her hands, feet, elbows and right jaw. The doctor noted that Plaintiff was working 4-5 hours per day. Plaintiffs 'height was 63 ’inches, weight was 216 pounds with a body mass index of 38.3 kg/m2. Tr. at 243. On physical examination, many of Plaintiffs joints were tender and the doctor noted 18 positive muscular trigger points. The doctor wrote: “It is difficult to know if her rheumatoid arthritis is active because, she has so much tenderness over all her joints. ... She is very symptomatic with fibromyal-gia.-Tr» at 244. The doctor ordered lab tests and gave Plaintiff a prescription for Vicodin. Tr. at 245.

On July 11, 2012, Plaintiff saw Dr. Mini-ter. Plaintiff complained of pain in her lower back with radiation down the right leg to the foot. Plaintiff had undergone x-rays, MRI scans, EMG and nerve conduction studies which had not revealed a source of her pain. Plaintiff complained of pain in her hands along with 60 to 90 minutes of morning stiffness. She also reported poor energy. Tr. at 246. After the examination which showed many tender joints, and 18 positive trigger points, the doctor diagnosed rheumatoid arthritis and fibromyalgia. Tr. at 247-48. The doctor wrote that Plaintiff was very symptomatic with fibromyalgia. The doctor made note of lab tests done on May 17, 2012, which showed, among other things, a positive rheumatoid factor. The doctor gave Plaintiff an injection of Kenalog to alleviate some of her symptoms. Tr, at 248.

' On July 12,2012, Plaintiff saw Dr. Santiago. Tr. at 255-56. Plaintiff reported joint stiffness, myalgias, redness and decreased hand grip. Medication included Tramadol for pain. Tr. at 255.

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Bluebook (online)
193 F. Supp. 3d 991, 2016 U.S. Dist. LEXIS 77705, 2016 WL 3398406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ossmann-v-colvin-iasd-2016.