Pierce v. Colvin

245 F. Supp. 3d 254, 2017 U.S. Dist. LEXIS 43351
CourtDistrict Court, D. Massachusetts
DecidedMarch 24, 2017
DocketCivil Action No. 15-13596
StatusPublished
Cited by1 cases

This text of 245 F. Supp. 3d 254 (Pierce v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Colvin, 245 F. Supp. 3d 254, 2017 U.S. Dist. LEXIS 43351 (D. Mass. 2017).

Opinion

MEMORANDUM AND ORDER

Saris, C.J.

INTRODUCTION

Plaintiff Karolyn Pierce, who has had a long history of knee problems and been on a regimen of pain medications, seeks judicial review of the decision by the Social Security Administration (“SSA”) to deny her claim for Supplemental Security Income (“SSI”) benefits. Plaintiff argues that 1) the Administrative Law Judge (“ALJ”) failed to give the opinion of her treating physicians proper weight, 2) the ALJ erred in evaluating Plaintiffs credibility concerning her complaints of pain and the effects of her pain medication, and 3) the ALJ’s Residual Functional Capacity (“RFC”) findings were not supported by [256]*256the medical evidence. Defendant moves to affirm the Commissioner’s Decision.

For the reasons set forth below, the Court ALLOWS Plaintiffs motion to reverse and remand the decision of the Commissioner (Docket No. 11). The Court DENIES the Defendant’s motion to affirm the Commissioner’s decision (Docket No. 12).

FACTUAL BACKGROUND

At the time of the hearing before the ALJ on April 14, 2015, Plaintiff was forty years old. R. 132. The ALJ denied her request for- reconsideration on May 20, 2015. R. 11-22.

I. Work History and Education

A high school graduate, Plaintiff worked as an underwriting assistant from March 2003 to April 2013. R. 166. In April 2013, Plaintiff was terminated due to “company cutbacks” and has not worked since. R. 157. She alleges disability beginning June 5, 2013. R. 132.

II. Medical History

Plaintiffs medical records indicate a long history of knee disorders in both knees. Plaintiff also reports side effects of pain medications that make daily activities difficult. Three treating physicians submitted opinions or evaluations in support of Plaintiffs application for disability benefits: 1) her primary care physician Dr. Steven Flood who treated her beginning in October 2013; 2) orthopedic surgeon Dr. Timothy Foster who treated Plaintiff from 2012 until 2014 and performed multiple surgeries on both of Plaintiffs knees; and 3) orthopedic surgeon Dr. Henry Bedair, who treated Plaintiff from 2014 onward and also performed multiple knee surgeries, including total knee replacements on both of Plaintiffs knees. State Agency physicians Dr. Harold Ramsay and Dr. Rosario Palmeri also submitted opinions for this case but did not physically examine Plaintiff.

Prior to the claimed disability onset date, the lengthy medical record reflects seventeen knee surgeries dating back to 2001. R. 241-59. Despite these surgeries, the problems in Plaintiffs right knee persisted. In late July 2011, Plaintiff met with orthopedic surgeon Dr. Patz complaining of instability and pain in her right knee. R. 284. The doctor recommended that she use a brace. R. 284. In April 2012, Plaintiff again met with Dr. Patz because “her right knee gave way” a few days before. R. 282. An x-ray taken at the time showed “degenerative changes” in her right knee joints. R. 282. Dr. Patz recommended the continued use of a brace and eventually referred Plaintiff to Dr. Timothy Foster, orthopedic surgeon, for further evaluations. R. 280-82. In June 2013, Plaintiff met with Dr. Timothy Foster regarding her right knee pain, R. 267, he recommended surgery on her right knee. R. 280-82.

On the disability onset date of June 5, 2013, Plaintiff had a patellofemoral arthro-plasty (kneecap replacement) surgery on her right knee. R. 268-69, 331-35. Prior to the surgery, Plaintiff had been prescribed Percocet and Lovenox (a blood thinner). R. 268. After the surgery, Plaintiff was given Valium to be used “as a muscle relaxer” but was “cautioned against its sedative effect.” R. 269. Plaintiff was also administered a refill of Oxycodone for pain and continued to take Lovenox. R. 269. Medical records from appointments with Dr. Foster and Sarah Larch, PA-C (physician’s assistant) in July and August of 2013 state that Plaintiff continued to take prescribed narcotic medications for pain and required a brace to walk because her “leg [felt] weak without the brace.” R. 270-71. At these appointments, doctors noted that Plaintiff was taking Vicodin in addition to her other pain medications, but that she “require[d] no narcotic medication during the day.” R. 270.

[257]*257At a follow-up appointment in August with Dr. Foster, Plaintiff was cleared to drive and her prescription doses were lowered in order to “begin the weaning process.” R. 270. In October 2013, Plaintiff had “giving way episodes” and reported still needing the brace. R. 272. Dr. Foster recommended that Plaintiff stop using the knee brace as he felt it “may be limiting her ability to strengthen the quadriceps.” R. 272. At the six-month follow up appointment in October 2013, Dr. Foster reported full extension ability of the right knee, flexion to 120 degrees and ability to perform straight leg raises. R. 273. Additionally, he noted that Plaintiff “will wean off the pain medicine as tolerated.” R. 273.

Plaintiff met with Dr, Steven Flood, a family medicine doctor, on October 10, 2013 to discuss her ongoing knee problems and to discuss her medications, at which point Dr. Flood advised Plaintiff to stop taking Vicodin and start taking Oxycodone. R. 369.

On March 5, 2014, Dr. Flood again met with Plaintiff regarding her knee problems. R. 367-68. Dr. Flood referred her back to Dr. Patz for a second opinion and “to review her history for any other treatment possible.” R. 368. He also referred her to a local pain clinic “for help in managing her ongoing symptoms” of knee pain. R. 368.

At her appointment with Dr. Patz on March 7,2014, Plaintiff reported persisting pain and buckling. R. 277. Plaintiff used various knee braces without improvement, she could not wear high heels, had a decreased activity level, and was finding herself in bed all day, although the pain was “not keep[ing] her up at night.” R. 277. Plaintiff “increased] her pain medication of Oxycodone to five times a day” in addition to taking Diazepam four times a day and Neurontin twice a day. R. 277. Her “current medication” list in the record also includes Amitriptyline and Tramadol. R. 278. Dr. Patz referred her to Dr. Schepsis for a follow-up appointment to discuss her ongoing knee pain. R. 277. Additionally, Dr. Patz noted that Plaintiff was “too young for a total knee replacement at this point.” R. 277.

Later that month, Plaintiff was seen by a nurse practitioner in Dr. Flood’s office for a gynecology exam. R. 363. At that exam, Plaintiff reported that she was “discouraged because of her knee pain and limitations on life style because of the knee pain.” R. 363. Plaintiff also mentioned she was looking for work and she wanted to return to work because she was “bored at home.” Plaintiff also stated she was “sick of taking pills” and wanted “to be active and off pills.” R. 363.

On March 24, 2014, Plaintiff had a pain management consultation with Dr. Anita Sadasivan Dasari, MD. R. 307-09. Plaintiff reported that, in order to make the “pain tolerable to function throughout the day,” she was taking Oxycodone four times a day (since June 2013), Tramadol four times a day, Diazepam four times a day for muscle spasms and restless leg syndrome, Gabapentin three times a day and Amitrip-tyline once a night. R. 307. Plaintiff also reported that these medications made her tired, and only provided fifty percent relief. R. 307. She experienced sleep disturbance due to her pain. R. 307.

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Bluebook (online)
245 F. Supp. 3d 254, 2017 U.S. Dist. LEXIS 43351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-colvin-mad-2017.