Renstrom v. Astrue

680 F.3d 1057, 2012 WL 2094316, 2012 U.S. App. LEXIS 11855
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 12, 2012
Docket11-2975
StatusPublished
Cited by408 cases

This text of 680 F.3d 1057 (Renstrom v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Renstrom v. Astrue, 680 F.3d 1057, 2012 WL 2094316, 2012 U.S. App. LEXIS 11855 (8th Cir. 2012).

Opinion

BYE, Circuit Judge.

Rodney Renstrom sought disability insurance benefits for his ongoing back pain, lower extremity problems, neck pain, sleep apnea, and anxiety. An Administrative Law Judge (ALJ) upheld the Commissioner’s denial of benefits after concluding Renstrom maintained the residual functional capacity (RFC) to perform light work. The district court 1 affirmed. After careful review, we conclude the Commissioner’s decision was supported by substantial evidence, and we affirm.

I

Renstrom was born on November 21, 1959. He has a high school education and previously worked as a hydraulics valve machinist from 1979 to 2002. In 1993, Renstrom sustained an on-the-job injury— an L4-L5 disc herniation with surgical intervention superimposed on a pre-existing underlying degenerative disc disease — resulting in worker’s compensation payments from that point until 2006. Renstrom underwent physical therapy, medical examination and evaluation, pain medication, IV injections, and surgeries due to his injury. Renstrom filed an application for disability insurance benefits on November 15, 2006, claiming he had been disabled since September 13, 2002, as a result of ongoing back pain, lower extremity problems, neck pain, sleep apnea, and anxiety.

A. Medical Evidence

On April 5, 2002, Renstrom participated in a sleep study, which resulted in a diagnosis of sleep apnea. Renstrom was consequently fitted for the use of a CPAP monitor.

From May 2002 through January 2006, Renstrom saw Dr. James Schwender for his back pain. In October 2002, Dr. Schwender diagnosed Renstrom with degenerative disc disease at L5-S1. Dr. Schwender ordered further studies to determine the cause of Renstrom’s pain and restricted Renstrom to no work from October 9, 2002, through December 31, 2002. In January 2003, Dr. Schwender assessed Renstrom as having discogenic back pain, with disc degeneration at L5-S 1 confirmed through MRI results.

Renstrom returned to see Dr. Schwender in July 2003 with complaints of worsening symptoms. As a result, Dr. Schwender performed a minimally invasive spinal fusion at L5-S1 on Renstrom on August 25, 2003. On September 9, 2003, Renstrom reported deep sharp pain radiating into his right hip, leg, knee, calf, and ankle, and was provided with an epidural steroid injection. However, Dr. Schwender noted satisfactory progress at Renstrom’s post-operative visits in October and December, and Renstrom reported minimal pain at both visits. Dr. Schwender ordered a physical therapy regimen to allow Renstrom to return to work by early 2004, although he continued Renstrom’s no-work restriction through January 31, 2004. The work restrictions were later continued until March 31, 2004. In March 2004, Renstrom reported he was “overall doing quite well” and his “back pain [was] essentially resolved,” although Dr. Schwender described some occasional *1061 swelling and L5-type symptoms on Renstrom’s right side.

On June 23, 2004, Renstrom complained of symptoms into his right lower extremity, although Dr. Schwender noted he had good strength without motor deficits and he was able to return to work on that date with lifting and motion restrictions. Renstrom was assessed as having ongoing symptoms, with improved low back pain but symptoms into the right lower extremity. Renstrom underwent a right-sided lumbar nerve root injection at L5 on that date.

On July 20, 2004, Renstrom underwent an independent medical examination with Dr. Loren Vorlicky, at the request of his employer’s worker’s compensation insurance carrier. Renstrom reported a decrease in low back pain, but the development of right leg pain. Dr. Vorlicky manipulated Renstrom’s spine, and opined that Renstrom required work restrictions due to his surgery, although his MRI results did not show any ongoing nerve root impingement.

On September 15, 2004, Renstrom described improvements in his back and leg symptoms in a follow-up exam with Dr. Schwender, but also a flare-up of some pain after he had seen Dr. Vorlicky. Dr. Schwender diagnosed Renstrom with neuritis or radiculitis thoracic or lumbar, and ordered four more weeks of physical therapy. Once again, Dr. Schwender noted Renstrom was able to work with restrictions from September 30, 2004, to December 31, 2004.

On April 20, 2005, Renstrom complained of worsening back pain, particularly on his right side, with symptoms into his right lower extremity into the buttocks, thigh, and calf. After being presented with various options, Renstrom wished to consider removal of the surgical instrumentation and a revision decompression. Dr. Schwender also ordered additional physical therapy and reinstated a no-work restriction from June 24, 2005, through July 31, 2005.

On August 3, 2005, Renstrom reported continued back pain with occasional symptoms into his lower extremities. Dr. Schwender indicated the MRI showed mild disc degeneration of the L4-L5 level with central protrusion and mild foraminal stenosis at L5-S1. Renstrom agreed to proceed with surgery for instrumentation removal at L5-S 1 and decompression, which was performed on August 8, 2005. Dr. Schwender again noted Renstrom was unable to work from July 31 through November 30, 2005.

Renstrom reported overall slow progress in a follow-up visit on October 12, 2005, although his strength was improving in the right lower extremity. Renstrom’s no-work restriction was ultimately continued through January 31, 2006. On January 11, 2006, Renstrom reported continued back pain and right lower extremity pain. Dr. Schwender diagnosed Renstrom with spinal stenosis of the lumbar region and referred him to Dr. Mark Agre for further back pain treatment.

In addition to overseeing Renstrom’s physical therapy, Dr. Agre authored several documents for Renstrom, including an October 2006 worker’s compensation letter stating Renstrom was “for all practical purposes, permanently totally disabled.” The letter stated Renstrom was “able to do sporadic, light, intermittent, part time work with frequent position change, but the nature of the severity of his pain, particularly the neuropathic pain of his right leg which has been unremitting to surgery, intervention or therapy, will not allow him to work beyond sporadic and light.” Dr. Agre also completed some medical assessment forms wherein he opined that Renstrom was capable of light work with some restrictions; the second *1062 form he completed in January 2009 noted Renstrom could sit for two to four hours a day and regularly work four to six hours per day.

On November 6, 2006, Renstrom saw Dr. Patricia Kline for his neck pain. An MRI revealed Renstrom’s vertebrae were intact and in normal alignment with some spurring, but he had no other appreciable abnormalities. Renstrom reported continued neck pain at future appointments on June 14, 2007, and July 29, 2008; on the latter date, Dr. Paul Westling noted Renstrom’s neck pain was exacerbated by movement, and he prescribed prednisone and Flexeril and physical therapy. Renstrom had another MRI on August 11, 2008, which showed mild to moderate degeneration at C5-6 and slight changes with underlying disc degeneration at T6-7.

Renstrom also saw Dr. Westling and Dr. Randall Chadwick for shoulder problems beginning in 2005.

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Bluebook (online)
680 F.3d 1057, 2012 WL 2094316, 2012 U.S. App. LEXIS 11855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renstrom-v-astrue-ca8-2012.