Prill, Debra v. Saul, Andrew

CourtDistrict Court, W.D. Wisconsin
DecidedJanuary 15, 2021
Docket3:19-cv-00977
StatusUnknown

This text of Prill, Debra v. Saul, Andrew (Prill, Debra v. Saul, Andrew) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prill, Debra v. Saul, Andrew, (W.D. Wis. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DEBRA A. PRILL, OPINION AND ORDER Plaintiff, 19-cv-977-bbc v. ANDREW M. SAUL, Commissioner of Social Security, Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Debra A. Prill is seeking review of a final decision by defendant Andrew M. Saul, Commissioner of Social Security, denying her claim for disability insurance benefits under the Social Security Act, 42 U.S.C. § 405(g). The administrative law judge (ALJ) hearing the case found that, although plaintiff had severe physical impairments, she retained the residual functional capacity to perform medium work in the national economy, with specified exceptions. Plaintiff contends that the ALJ erred in evaluating plaintiff’s subjective symptoms and the medical opinions in the record. For the reasons that follow, I conclude that the ALJ’s judgment is well supported. Accordingly, I will affirm the commissioner’s decision. The following facts are drawn from the administrative record (AR).

1 FACTS A. Background Plaintiff filed for benefits in August 2014, the same month she retired from the Eau

Claire County Highway Department, where she had worked as a quad axial dump truck driver and laborer for 29 years. The work she did in those positions included using a jackhammer, lifting up to 75 pounds, landscaping, and doing janitorial work, and required twisting, bending and squatting. In the course of her employment, plaintiff experienced a number of physical problems, such as back pain for which she received injections, AR 1222, 1224-25; bilateral

carpal tunnel release, with physical therapy afterward, AR 314; intra-articular injections after injuring her left knee, AR 318, 365; a probable right knee medial meniscus tear in 2011, for which she received epidural injections, AR 597, 623, 1227. Plaintiff had extensive care for her physical problems, including years of chiropractic care for her lumbar and thoracic spine and lower leg, AR 466-555; and physical therapy and water therapy in 2012, AR 1211. In December 2011, she went to both physical therapy and

water therapy after feeling a “pop” in her back. AR 1219. In December 2013, plaintiff injured her back and neck jumping out of her work truck when it caught on fire, AR 1219; in 2014, she saw family practitioner, Dr. Mark Attermeier, for wrist, thumb and chronic low back pain, AR 755-57; in April 2014, she saw a neurologist, Dr. David Nye, on Dr. Attermeier’s referral, because of increasing pain and

numbness in her arms that she attributed to her 2013 accident. AR 753. Dr. Nye found her 2 gait within normal limits, but her range of motion in her neck limited by pain. Id. In May 2014, plaintiff saw Dr. Donald Bodeau, a specialist in occupational health, for her back and leg pain. AR 748. He found her reflexes intact in her lower and upper

extremities, told her she could work without restrictions, made some adjustments in her pain medications (gabapentin and tramadol), and encouraged her to take out a YMCA membership so that she could continue her fitness program. AR 749. On August 14, 2014, plaintiff retired from the highway department and saw Dr. Bodeau again for back and leg pain. AR 657. He found her gait antalgic and her right knee pain worsening and identified L4-5 disc protrusion with back and radicular leg pain. Id. He

planned to refer her to the YMCA to continue her exercise program and also planned to order an MRI of her right knee. Id. On August 17, 2014, plaintiff saw Dr. Andrew Israel, M.D., for an orthopedic evaluation of her right knee, complaining of medial side knee pain and some swelling. AR 740. He found that she had moderate to severe degenerative arthritis in that knee and told her he could not recommend any further surgical procedures for it at that time. Id. He

recommended hydrotherapy programs in a pool, physical therapy, modifications in her activities, anti-inflammatory medications, and cortisone injections. Id. In September 2014, plaintiff went to physical therapy on Dr. Israel’s referral and reported that her knee pain woke her at night, prevented her from walking more than 20 minutes at 2013 a time, and made it difficult for her to stand and sit at church services,

although she could sit for long periods if she had the opportunity to move her leg around in 3 comfortable positions. AR 735. Plaintiff continued to see a chiropractor. AR 578. On September 22, 2014, she told him she had low back pain on a level of one (mild pain) after weeding around her garage.

AR 572. At a visit two weeks later, she said she had dull neck pain and stiffness after cleaning her house and climbing a stepladder to scrub her walls before painting them. AR 574. In March 2015, plaintiff saw Dr. Terry Schiefer, for a spine and neurological surgery consultation, on referral from Dr. Bodeau for her primary complaint of neck pain. AR 609. Dr. Schiefer reported that plaintiff was walking with a normal gait, capable of walking toe

to heel without difficulty, had full strength in her bilateral upper and lower extremities in all major muscle groups, a mildly limited range of motion in her neck, and pain and some tenderness in her neck with palpation. Id. He found that plaintiff had no abnormal movement with flexion or extension, some mild degenerative changes throughout, and moderate central canal narrowing at C5-6. Id. Dr. Schiefer noted some bilateral neuroforaminal narrowing, but found the MRI of her cervical spine otherwise unremarkable.

AR 609-10. He recommended six months of physical therapy and potential trigger point injections for her neck tenderness. AR 610. In June 2015, plaintiff saw her family practitioner, Dr. Attermeier, and told him her back had not been much of a problem to her. AR 691. On examination, she had full range of motion of all joints and was ambulating with a steady gait. AR 690.

In August 2015, plaintiff had an independent medical evaluation for her worker’s 4 compensation claim by Dr. Kevin Kulwicki, a specialist in orthopedic surgery. AR 1204. On examination, Dr. Kulwicki found plaintiff’s chief complaint to be her right knee pain. It was his opinion that this pain was not attributable to her escape from the truck fire at the

end of 2013, but to a pre-existing degenerative condition. AR 1212. He recommended treatment with steroid injections, a home exercise program, weight reduction, over-the- counter anti-inflammatory medication, and no further arthroscopic surgery, which, in his opinion would not result in any lasting relief. AR 1213. It was his opinion that plaintiff would benefit from permanent restrictions of the right knee, including no repetitive bending, squatting, stooping, or kneeling. AR 1214.

Plaintiff had a second independent medical examination in July 2015 for her worker’s compensation claim by Dr. William Monacci, a neurology consultant. AR 1218-45. Dr. Monacci determined that plaintiff had needed no permanent work restrictions once she had healed from her first work-related injury in December 5, 2011(lifting truck blades) and her second work-related injury in December 2013 (escaping from her burning truck). Dr. Bodeau reviewed the two independent examinations in September 2015 and

disagreed with both. AR 665. It was his opinion that plaintiff had a work-related disability as a result of her escape from the burning truck, and he disagreed with Dr. Monacci’s opinion that the only problem resulting from that escape was a cervical strain. Id. He also disagreed with Dr.

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Prill, Debra v. Saul, Andrew, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prill-debra-v-saul-andrew-wiwd-2021.